New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 45

45 Making of privacy related complaints

(1) A complaint may be made to (or by) the Privacy Commissioner about the alleged violation of, or interference with, the privacy of an individual.

(2) The subject-matter of a complaint may relate to conduct to which Part 5 applies (unless it is conduct that is alleged to have occurred before the commencement of that Part).

Note--: Section 21 of the Health Records and Information Privacy Act 2002 provides that certain conduct under that Act by public sector agencies is conduct to which Part 5 of this Act applies.

(2A) A complaint about a matter referred to in section 42 of the Health Records and Information Privacy Act 2002 is not to be dealt with under this Division but is to be dealt with by the Privacy Commissioner as a complaint under Part 6 of that Act.

Note--: Section 42 of that Health Records and Information Privacy Act 2002 provides that a complaint may be made to the Privacy Commissioner about the alleged contravention by a private sector person of a Health Privacy Principle, a provision of Part 4 (Provisions for private sector persons) of that Act or a health privacy code of practice.

(3) A complaint may be in writing or verbal, but the Privacy Commissioner may require a verbal complaint to be put in writing.

(4) The Privacy Commissioner may require information about a complaint to be provided by the complainant in a particular manner or form, and may require a complaint to be verified by statutory declaration.

(5) A complaint must be made within 6 months (or such later time as the Privacy Commissioner may allow) from the time the complainant first became aware of the conduct or matter the subject of the complaint.

(6) A complainant may amend or withdraw a complaint.