Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 52

52. (1) After investigating a complaint, the 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:

                (A)  where the principal executive of an agency is the
                     respondent-that the agency has engaged in conduct
                     constituting an interference with the privacy of an
                     individual and should not repeat or continue such
                     conduct; or

                (B)  in any other case-that the respondent has engaged in
                     conduct constituting an interference with the privacy of
                     an individual and should not repeat or continue such
                     conduct;

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

        (iii)  except where the complaint was dealt with as a representative
               complaint-a declaration that the complainant is entitled to a
               specified amount by way of compensation for any loss or damage
               suffered by reason of the act or practice the subject of the
               complaint;

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

(2) The Commissioner shall, in a determination, state any findings of fact
upon which the determination is based.

(3) In a determination under paragraph (1) (a) or (b) (other than a
determination made on a representative complaint), the Commissioner may
include a declaration that the complainant is entitled to a specified amount
to reimburse the complainant for expenses reasonably incurred by the
complainant in connection with the making of the complaint and the
investigation of the complaint.

(4) In this section:

"complainant", in relation to a representative complaint, includes all of the
persons on whose behalf the complaint is made.