Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 85ZZC

Investigation of complaints

  (1)   The Information Commissioner shall consider a complaint, and shall investigate the act or practice complained of, if the act or practice may be a breach of Division   2 or 3.

  (2)   The Information Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made if satisfied that:

  (a)   the act or practice is not a breach of Division   2 or 3;

  (b)   the complainant has not complained to the respondent about the act or practice;

  (c)   the complainant has complained to the respondent, and that the respondent:

  (i)   has dealt, or is dealing, adequately with the complaint; or

  (ii)   has not yet had an adequate opportunity to deal with the complaint;

  (d)   the complaint was made more than 12 months after the complainant became aware of the act or practice;

  (e)   the complaint is frivolous, vexatious, misconceived or lacking in substance;

  (f)   the act or practice is the subject of an application under another Commonwealth law, or under a State law or a Territory law, and that the subject - matter of the complaint has been, or is being, dealt with adequately under that law; or

  (g)   the act or practice could be made the subject of an application under another Commonwealth law, or under a State law or a Territory law, for a more appropriate remedy.


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