Information Commissioner may refer complaint
63 Information Commissioner may refer complaint
S. 63(1) amended by No. 20/2017 s. 106(14).
The Information Commissioner may refer a complaint if the Information Commissioner considers that the complaint could be the subject of a complaint to—
the Federal Privacy Commissioner under the Privacy Act 1988 of the Commonwealth; or
the Disability Services Commissioner under the Disability Act 2006; or
S. 63(1)(c) repealed by No. 20/2017 s. 83(1).
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the Ombudsman under the Ombudsman Act 1973; or
S. 63(1)(e) amended by No. 22/2016 s. 240.
the Health Complaints Commissioner under the Health Records Act 2001; or
the Commission for Children and Young People under the Commission for Children and Young People Act 2012; or
S. 63(1)(g) amended by Nos 39/2022 s. 853, 31/2024 s. 53.
the Mental Health and Wellbeing Commission under the Mental Health and Wellbeing Act 2022.
S. 63(1A) inserted by No. 20/2017 s. 83(2).
The Information Commissioner may decide to deal with a complaint as if it were a complaint made under the Freedom of Information Act 1982 if the Information Commissioner considers that the complaint could be dealt with more effectively or appropriately under that Act.
S. 63(2) amended by No. 20/2017 ss 83(3), 106(14)(a).
The Information Commissioner must notify the complainant and the respondent in writing of the referral or decision under subsection (1A).
S. 63(3) amended by No. 20/2017 s. 83(4).
A complainant may take no further action under this Act in relation to the subject matter of a complaint referred under this section or dealt with under the Freedom of Information Act 1982.
S. 64 (Heading) amended by No. 20/2017 s. 106(3).
This Act’s bill:Explanatory memorandumSecond reading speech
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