What kind of compensation might I get if my complaint is successful?

While we use our best efforts to try to facilitate settlement where possible, the Office of the Privacy Commissioner cannot force one party to pay money to another.

Settlements depend entirely on the parties involved and could include an apology, a change of process to ensure there is no repeat of the incident that led to the complaint, or some form of compensation (gifts, vouchers or cash). The level of compensation that might be appropriate depends entirely on the circumstances of the case including:

The parties involved;
The nature of the breach;
The level of harm suffered as a result of the breach; and
Whether there are any mitigating factors.

If we aren’t able to help settle the complaint, an individual can take their complaint to the Human Rights Review Tribunal (The Tribunal).

The Tribunal can make a legally binding decision about the complaint, which may include ordering one party to pay damages and or costs.

The Tribunal has considered the appropriate range of compensation for breaches of the Privacy Act at length. The Tribunal does not always award compensation or may sometimes award only a very low amount. For instance, the behaviour of both the plaintiff and the respondent can be relevant.

The Tribunal has said that cases at the less serious end of the spectrum will range up to $10,000, more serious cases can range from $10,000 to around $50,000 and the most serious cases will range from $50,000 upwards.