New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 45

45 Dealing with complaint

(1) If the Privacy Commissioner is satisfied that 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, the Privacy Commissioner may:

(a) endeavour to resolve the complaint by conciliation under section 46, or

(b) further investigate the complaint and make a report under section 47, or

(c) determine that the complaint has been resolved to his or her satisfaction.

(2) In deciding which course of action to take, the Privacy Commissioner is to take into consideration the following matters:

(a) the nature of the complaint,

(b) the views of the complainant and respondent,

(c) any action taken by the respondent (or that the respondent gives an undertaking to take) to address the complaint,

(d) whether the complaint raises a matter of public interest.

(3) If the Privacy Commissioner determines that the complaint has been resolved to his or her satisfaction under subsection (1) (c), the Privacy Commissioner is to:

(a) notify the complainant and the respondent of the determination, and

(b) take no further action on the complaint.