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We investigate complaints from the public about interferences with people's privacy. While investigating, we look for opportunities to resolve the issues in a way that’s acceptable to both sides of the dispute.
We are impartial, do not take sides, and are independent of the Government.
If we decide to investigate, we’ll determine which principles of the Privacy Act may have been breached and how. We will notify you and the agency that we are investigating your complaint.
We conduct investigations by talking to the parties in person and by telephone, email, and letter. We may ask you to meet with the agency to discuss the complaint. We may ask you and the agency to provide us with documents and information relevant to the complaint, but we will not pass on any correspondence between the parties. Both parties need to be able to speak to us openly for our investigations to be effective.
During an investigation we can form a view about whether the agency’s actions have interfered with your privacy under the Privacy Act. If we’ve formed a view against one party, we’ll give them the chance to respond. We do this to help the parties understand how we see the complaint, and to help them work towards a solution. Our view isn’t legally binding.
We don’t make rulings or determinations. However, our view is an important indication of whether there’s been an interference with privacy. We close most investigations within six months but occasionally they take longer depending on the individual circumstances.
Our focus is on resolving disputes. Where we can, we will encourage the settlement of a complaint even if we don't investigate it.
If we cannot settle the complaint and we decide not to investigate further, we will advise the parties of our view and close our investigation file.
An important technique we use to resolve complaints is conciliation. Conciliation is a form of alternative dispute resolution, and follows a similar process to mediation. A conciliation conference can take place in person, on the phone, or via video conference. The meeting will give both parties an opportunity to identify the main issues from their perspective and work out possible solutions - and hopefully reach a settlement. It is a way of resolving a complaint without the need for our office to come to a final view or for the parties to go to the Human Rights Review Tribunal.
Most settlements are apologies or a release of information. The final outcome of a settlement will depend on the parties involved and the individual circumstances of the case. For example, a settlement could involve assurances from the agency that the same thing won't happen again. Only a small number of cases are settled with financial compensation.
Learn more:
If you and the agency are unable to resolve the issue through our processes, we’ll close the complaint and give you a certificate. You can use the certificate to take your case to the Human Rights Review Tribunal.
In some exceptional circumstances, we may refer your case to the Director of Human Rights Proceedings, who can bring the case before the Tribunal. The Director is independent from our office.
The Tribunal is an independent judicial body that is separate from our office. They look at each case on its own merits and don’t take any earlier legal opinions, including ours, into account.
You can only take your case to the Tribunal after we’ve:
The Privacy Act 2020 enables anyone whose privacy complaint has been investigated by the Office of the Privacy Commissioner to file a claim in the Human Rights Review Tribunal, including complaints investigated under the Privacy Act 1993. For more information about the requirements and time limits for filing a claim in the Tribunal, see our guidance document here.
