Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 85ZZD

Determinations of Information Commissioner

  (1)   After investigating a complaint, the Information Commissioner may:

  (a)   make a determination dismissing the complaint; or

  (b)   find the complaint substantiated and make a determination that includes one or more of the following:

  (i)   a declaration that the authority or person about whom the complaint was made has engaged in conduct unlawful under this Act and should not repeat or continue that conduct;

  (ii)   a declaration that the respondent should do any reasonable act or carry out any reasonable course of conduct to redress any loss or damage suffered by the complainant;

  (iii)   a declaration that the respondent should employ or re - employ the complainant;

  (iv)   a declaration that the respondent should promote the complainant;

  (v)   a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered because of the act or practice about which the complaint was made;

  (vi)   a declaration that the termination of a contract or agreement should be varied to redress any loss or damage suffered by the complainant;

  (vii)   a declaration that it would be inappropriate for any further action to be taken in the matter.

  (2)   The Information Commissioner may require one or both parties to a complaint to attend such counselling as is specified by the Commissioner with a view to settling the matter to which the complaint relates.

  (3)   When making a determination, the Information Commissioner shall state any findings of fact upon which the determination is based.

  (4)   When making a determination, the Information Commissioner may declare that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred in connection with the making of the complaint and the investigation of the complaint.

  (5)   In paragraph   (1)(b):

"damage" includes humiliation suffered by the complainant or injury to his or her feelings.


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