New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 46

46 Resolution of complaint by conciliation

(1) The Privacy Commissioner may endeavour to resolve the complaint by conciliation.

(2) The Privacy Commissioner may by written notice request the complainant and the respondent to appear before the Privacy Commissioner in conciliation proceedings.

(3) A person or body must not without reasonable excuse fail to comply with the terms of a notice under subsection (2).

Maximum penalty: 50 penalty units in the case of a body corporate or 10 penalty units in any other case.

(4) The parties to any such conciliation proceedings before the Privacy Commissioner are not entitled to be represented by any other person except by leave of the Privacy Commissioner.

(5) The procedures for conciliation are to be determined by the Privacy Commissioner.

(6) Evidence of anything said or done in the course of conciliation proceedings under this section is not admissible in subsequent proceedings under this Part relating to the complaint.

(7) The Privacy Commissioner is to take no further action after the conclusion of the conciliation proceedings, whether or not the parties reach any agreement as a result of the proceedings.