A10.1 Privacy Act 1993

Privacy Act s.13, 67 and 68 and

1. The functions of the Privacy Commissioner include, but are not limited to the following:
   • investigate complaints that any action is or appears to be an interference with the privacy of an individual, including the withholding of personal information
   • promote an understanding and acceptance of the privacy principles
   • examine any proposed legislation or policy of the Government that may affect the privacy of individuals
   • monitor the use of unique identifiers and report the results and recommendations to the Prime Minister
   • make public statements in relation to any matter affecting the privacy of the individual or any class of individuals
   • enquire generally into any matter if it appears that the privacy of the individual may be infringed.
2. After investigation, the Privacy Commissioner shall:
   1. if the complaint has substance, endeavour to secure a settlement between the parties and if necessary a satisfactory assurance against the repetition of any action that was the subject of the investigation; or
   2. if a settlement or an assurance is unable to be secured, may refer the matter to the Proceedings Commissioner to decide whether proceedings should be instituted with the Complaints Review Tribunal against the person against whom the complaint was made.

Effective 26/07/1999