Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 85ZZD

Determinations of Information Commissioner

             (1)  After investigating a complaint, the Information Commissioner may:

                     (a)  make a determination dismissing the complaint; or

                     (b)  find the complaint substantiated and make a determination that includes one or more of the following:

                              (i)  a declaration that the authority or person about whom the complaint was made has engaged in conduct unlawful under this Act and should not repeat or continue that conduct;

                             (ii)  a declaration that the respondent should do any reasonable act or carry out any reasonable course of conduct to redress any loss or damage suffered by the complainant;

                            (iii)  a declaration that the respondent should employ or re-employ the complainant;

                            (iv)  a declaration that the respondent should promote the complainant;

                             (v)  a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered because of the act or practice about which the complaint was made;

                            (vi)  a declaration that the termination of a contract or agreement should be varied to redress any loss or damage suffered by the complainant;

                           (vii)  a declaration that it would be inappropriate for any further action to be taken in the matter.

             (2)  The Information Commissioner may require one or both parties to a complaint to attend such counselling as is specified by the Commissioner with a view to settling the matter to which the complaint relates.

             (3)  When making a determination, the Information Commissioner shall state any findings of fact upon which the determination is based.

             (4)  When making a determination, the Information Commissioner may declare that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred in connection with the making of the complaint and the investigation of the complaint.

             (5)  In paragraph (1)(b):

"damage" includes humiliation suffered by the complainant or injury to his or her feelings.



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