Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 43

43. (1) Before commencing an investigation of a matter to which a complaint
relates, the Commissioner shall inform the respondent that the matter is to be
investigated.

(2) An investigation under this Division shall be conducted in private but
otherwise in such manner as the Commissioner thinks fit.

(3) The Commissioner may, for the purposes of an investigation, obtain
information from such persons, and make such inquiries, as he or she thinks
fit.

(4) Subject to subsection (5), it is not necessary for a complainant or
respondent to be afforded an opportunity to appear before the Commissioner in
connection with an investigation under this Division.

(5) The Commissioner shall not make a finding under section 52 that is adverse
to a complainant or respondent unless the Commissioner has afforded the
complainant or respondent an opportunity to appear before the Commissioner and
to make submissions, orally, in writing or both, in relation to the matter to
which the investigation relates.

(6) Where the Commissioner affords an agency or person an opportunity to
appear before the Commissioner under subsection (5), the agency or person may,
with the approval of the Commissioner, be represented by another person.

(7) Where, in connection with an investigation of a matter under this
Division, the Commissioner proposes to afford the complainant or respondent an
opportunity to appear before the Commissioner and to make submissions under
subsection (5), or proposes to make a requirement of a person under section 
44 , the Commissioner shall, if he or she has not previously informed the
responsible Minister (if any) that the matter is being investigated, inform
that Minister accordingly.

(8) The Commissioner may, either before or after the completion of an
investigation under this Division, discuss any matter that is relevant to the
investigation with a Minister concerned with the matter.

(9) Where the Commissioner forms the opinion, either before or after
completing an investigation under this Division, that there is evidence that
an officer of an agency has been guilty of a breach of duty or of misconduct
and that the evidence is, in all the circumstances, of sufficient force to
justify the Commissioner doing so, the Commissioner shall bring the evidence
to the notice of:

   (a)  an appropriate officer of an agency; or

   (b)  if the Commissioner thinks that there is no officer of an agency to
        whose notice the evidence may appropriately be drawn-an appropriate
        Minister.