Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (1A), the Commissioner shall investigate an act or practice if:
(a) the act or practice may be an interference with the privacy of an individual; and
(b) a complaint about the act or practice has been made under section 36.
(1A) The Commissioner must not investigate a complaint if the complainant did not complain to the respondent before making the complaint to the Commissioner under section 36. However, the Commissioner may decide to investigate the complaint if he or she considers that it was not appropriate for the complainant to complain to the respondent.
(1B) The Commissioner must investigate under this Part a complaint about an act or practice of an organisation that is bound by a relevant approved privacy code that contains a procedure for making and dealing with complaints in relation to acts or practices that may be an interference with the privacy of an individual if:
(a) the act or practice occurred after the approval of the code came into effect; and
(b) the adjudicator for the code refers the complaint to the Commissioner; and
(c) the Commissioner accepts the complaint; and
(d) the Commissioner consults the complainant before accepting the complaint.
(1C) If the Commissioner accepts a complaint mentioned in subsection (1B), the Commissioner must deal with it as if it were a complaint made under section 36 in relation to an act or practice of the organisation.
(2) The Commissioner may investigate an act or practice if:
(a) the act or practice may be an interference with the privacy of an individual; and
(b) the Commissioner thinks it is desirable that the act or practice be investigated.
(3) This section has effect subject to section 41.
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