Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 85ZZC

Investigation of complaints

             (1)  The Information Commissioner shall consider a complaint, and shall investigate the act or practice complained of, if the act or practice may be a breach of Division 2 or 3.

             (2)  The Information Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made if satisfied that:

                     (a)  the act or practice is not a breach of Division 2 or 3;

                     (b)  the complainant has not complained to the respondent about the act or practice;

                     (c)  the complainant has complained to the respondent, and that the respondent:

                              (i)  has dealt, or is dealing, adequately with the complaint; or

                             (ii)  has not yet had an adequate opportunity to deal with the complaint;

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

                     (e)  the complaint is frivolous, vexatious, misconceived or lacking in substance;

                      (f)  the act or practice is the subject of an application under another Commonwealth law, or under a State law or a Territory law, and that the subject-matter of the complaint has been, or is being, dealt with adequately under that law; or

                     (g)  the act or practice could be made the subject of an application under another Commonwealth law, or under a State law or a Territory law, for a more appropriate remedy.



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