Queensland Consolidated Acts

INFORMATION PRIVACY ACT 2009 - SECT 168

168 Information commissioner may decline to deal with or to deal further with complaint

(1) The information commissioner may decline to deal with a privacy complaint, or a part of a privacy complaint, made or referred to the commissioner if—

(a) the act or practice the subject of the complaint or part does not relate to the personal information of the complainant; or

(b) the requirements under section 166 (3) for making a complaint have not been fully satisfied; or

(c) the commissioner reasonably believes the complaint or part is frivolous, vexatious, misconceived or lacking in substance; or

(d) there is a more appropriate course of action available under another Act to deal with the substance of the complaint or part; or

(e) although the complainant made the complaint to the respondent as required under section 166 (3) , in the circumstances, the respondent has not yet had an adequate opportunity to deal with the complaint or part; or

(f) 12 months have elapsed since the complainant first became aware of the act or practice the subject of the complaint or part.

(2) The commissioner may decline to continue dealing with a privacy complaint, or a part of a privacy complaint, made or referred to the commissioner if—

(a) the complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint or part; or

(b) the commissioner is satisfied on reasonable grounds that the complainant, without a reasonable excuse, has not cooperated in the commissioner’s dealing with the complaint or part; or

(c) the commissioner considers the address the complainant stated in making the privacy complaint is no longer the address at which the complainant can be contacted, and the complainant has not, within a reasonable time, advised the commissioner of a new address to which notices may be sent under this Act.