This is a single section from Chapter 7. Read the full chapter here.

Does the legislation require a complaints process?

New legislation should use the existing complaints process under the Privacy Act 1993 unless there is a good reason not to do so.

 

The Privacy Act 1993 provides a comprehensive system for dealing with complaints arising from alleged breaches of the Privacy Act 1993. This includes a complaints investigation process by the Commissioner and proceedings before the Human Rights Review Tribunal.

New legislation should adopt the Privacy Act complaints procedure. Such new legislation should include clear words that incorporate the complaints procedure (see s 22F(4) of the Health Act 1956 or s 11A(7) of the Social Security Act 1964). Good reasons must exist to create any new complaints and review procedures.

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