New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 44

44 Assessment of complaints

(1) If the Privacy Commissioner decides to deal with a complaint made under this Part, the Privacy Commissioner:

(a) is to carry out an assessment to determine whether there is a prima facie case that the respondent contravened a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, and

(b) for that purpose, may make such inquiries and investigations into the complaint as the Privacy Commissioner thinks appropriate.

(2) If, after carrying out such an assessment, the Privacy Commissioner is satisfied that there is no prima facie case that the respondent contravened a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, the Privacy Commissioner is to cease to deal with the complaint.

(3) If the Privacy Commissioner ceases to deal with a complaint, the Privacy Commissioner must advise the complainant of the reasons for ceasing to deal with the complaint.