New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 43

43 Preliminary assessment of complaints

(1) The Privacy Commissioner may conduct a preliminary assessment of a complaint made under this Part for the purpose of deciding whether to deal with the complaint.

(2) The Privacy Commissioner may decide not to deal with a complaint if the Privacy Commissioner is satisfied that:

(a) the complaint is frivolous, vexatious or lacking in substance, or is not in good faith, or

(b) the subject matter of the complaint is trivial, or

(c) the subject matter of the complaint relates to a matter permitted or required by or under any law, or

(d) there is available to the complainant an alternative, satisfactory and readily available means of redress, or

(e) the matter should be referred to the Health Care Complaints Commission or another person or body under section 65, 66 or 67, or

(f) the person has made a complaint about the same subject matter to the Commonwealth Privacy Commissioner, or to an adjudicator under an approved privacy code within the meaning of the Privacy Act 1988 of the Commonwealth, and:

(i) the complaint has not been withdrawn, or

(ii) the Commonwealth Privacy Commissioner has made a determination under section 52 of that Act, or

(iii) the adjudicator has made a determination under a provision of the approved privacy code that corresponds to section 52 of that Act.

(3) If the Privacy Commissioner decides not to deal with a complaint, the Privacy Commissioner must advise the complainant of the reasons for deciding not to deal with the complaint.