Victorian Current Acts

PRIVACY AND DATA PROTECTION ACT 2014 - SECT 57

S. 57(1) amended by No. 20/2017 s. 106(12)(a).

    (1)     An individual in respect of whom personal information is, or has at any time been, held by an organisation may complain to the Information Commissioner, in writing, about an act or practice that may be an interference with the privacy of the individual.

    (2)     A complaint relating to an Information Privacy Principle or an applicable code of practice may be made under subsection (1) if—

        (a)     there is no applicable code of practice in relation to the holding of the information by the organisation; or

        (b)     there is an applicable code of practice in relation to the holding of the information by the organisation but that code does not provide for the appointment of a code administrator to whom complaints may be made; or

        (c)     there is an applicable code of practice in relation to the holding of the information by the organisation that provides for the appointment of a code administrator and—

              (i)     not less than 45 days before complaining under subsection (1) the individual complained to the code administrator in accordance with the procedures set out in that code; and

              (ii)     the individual has received no response or a response that the individual considers to be inadequate.

    (3)     In the case of an act or practice that may be an interference with the privacy of 2 or more individuals, any one of those individuals may make a complaint under subsection (1) on behalf of all of the individuals with their consent.

S. 57(4) amended by No. 20/2017 s. 106(12)(a).

    (4)     It is the duty of employees in the office of the Information Commissioner to provide appropriate assistance to an individual who wishes to make a complaint and requires assistance to formulate the complaint.

    (5)     The complaint must specify the respondent to the complaint.

    (6)     The respondent to a complaint is—

        (a)     if the organisation represents the Crown, the State; or

        (b)     if the organisation does not represent the Crown and—

              (i)     is a legal person, the organisation; or

              (ii)     is an unincorporated body, the members of the committee of management of the organisation.

    (7)     A failure to comply with subsection (5) does not render the complaint, or any step taken in relation to it, a nullity.

S. 58 (Heading) amended by No. 20/2017 s. 106(3).