CRIMES ACT 1914 SECT 85ZZC

(1)

The Privacy 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 Privacy 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.