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s 39

Commissioner may decide not to deal with privacy complaint

In force

39 Commissioner may decide not to deal with privacy complaint

The information privacy commissioner may decide not to deal with a privacy complaint if the commissioner is reasonably satisfied—

(a)

the act or practice the subject of the complaint is not an interference with an individual’s privacy; or

(b)

the complaint was made more than 12 months after the complainant became aware of the act or practice; or

(c)

the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith; or

(d)

the act or practice is the subject of an application under another territory law, or a State or Commonwealth law, and the substance of the complaint has been, or is being, dealt with adequately under that law; or

(e)

the complaint would be better dealt with under another territory law, or a State or Commonwealth law; or

(f)

dealing, or further dealing, with the act or practice is not warranted having regard to all the circumstances; or

(g)

the complainant has complained to the respondent about the act or practice and—

(i)

the respondent has dealt, or is dealing, adequately with the complaint; or

(ii)

the respondent has not yet had an adequate opportunity to deal with the complaint.

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