Privacy complaints made but not finalised before commencement

In force

(1)

This section applies if—

(a)

before the commencement, a privacy complaint was made or referred to the information commissioner under former chapter 5,

part 1; and

(b)

immediately before the commencement, the complaint, or a part of the complaint, had not been finalised.

(2)

Former chapter 5 continues to apply in relation to the privacy complaint or part of the privacy complaint as if the amendment Act had not been enacted.

(3)

For subsection (1)(b), a privacy complaint or part of a privacy complaint is finalised if—

(a)

any of the following apply—

(i)

the information commissioner has declined to deal, or continue to deal, with the complaint or part under former section 168;

(ii)

the information commissioner has referred the privacy complaint or part to another entity under section 169;

(iii)

a mediated agreement has been certified for the privacy complaint or part under section 172;

(iv)

QCAT has disposed of the complaint or part under former section 178;

and

(b)

the time for exercising any review or appeal rights in relation to a matter mentioned in paragraph (a) has ended without any rights being exercised.

This Act’s bill:Explanatory memorandum Second reading speech

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224 Privacy complaints made but not finalised before commencement