What happens if conciliation fails?
71 What happens if conciliation fails?
S. 71(1) amended by No. 20/2017 s. 106(6)(a).
If the Information Commissioner has attempted unsuccessfully to conciliate a complaint, the Information Commissioner must notify the complainant and the respondent in writing.
S. 71(2) amended by No. 20/2017 s. 106(6)(a).
A notice under subsection (1) must state that the complainant, by written notice given to the Information Commissioner, may require the Information Commissioner to refer the complaint to VCAT for hearing under Subdivision 5.
S. 71(3) amended by No. 20/2017 s. 106(6).
Within 60 days after receiving the Information Commissioner's notice under subsection (1), the complainant, by notice in writing given to the Information Commissioner, may require the Information Commissioner to refer the complaint to VCAT for hearing under Subdivision 5.
S. 71(4) amended by No. 20/2017 s. 106(6)(a).
The Information Commissioner must comply with a notice under subsection (3).
S. 71(5) amended by No. 20/2017 s. 106(6)(a).
If the complainant does not notify the Information Commissioner under subsection (3), the Information Commissioner may dismiss the complaint.
S. 71(6) amended by No. 20/2017 s. 106(6)(a).
As soon as possible after a dismissal under subsection (5), the Information Commissioner must, by written notice, notify the complainant and the respondent of the dismissal.
A complainant may take no further action under this Act in relation to the subject matter of a complaint dismissed under this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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