New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 46

46 Preliminary assessment of privacy related complaints

(1) The Privacy Commissioner may conduct a preliminary assessment of a complaint made under this Division for the purpose of deciding whether to deal with the complaint.

(2) If the subject-matter of the complaint relates to conduct to which Part 5 applies, the Privacy Commissioner must inform the complainant of the review process under that Part and the remedial action that may be available if the complainant decides to make an application under section 53 in respect of that conduct.

(3) The Privacy Commissioner may decide not to deal with a complaint if the Privacy Commissioner is satisfied that--

(a) the complaint is frivolous, vexatious or lacking in substance, or is not in good faith, or

(b) the subject-matter of the complaint is trivial, or

(c) the subject-matter of the complaint relates to a matter permitted or required by or under any law, or

(d) there is available to the complainant an alternative, satisfactory and readily available means of redress, or

(e) it would be more appropriate for the complainant to make an application under section 53.