102Determination on completion of investigation

102 Determination on completion of investigation

(1) If the Commissioner completes an investigation of the operations of an entity under this Part, the Commissioner must make a written determination setting out: (a) the Commissioner’s opinion as to whether the entity has breached this Act or a data sharing agreement, or is breaching or proposing to breach this Act or a data sharing agreement, and the reasons for that opinion; and (b) if the Commissioner is satisfied that the entity has breached this Act or the data sharing agreement, or is breaching or proposing to breach this Act or the data sharing agreement—an indication of any action the Commissioner has decided to take, or advise the Minister as accreditation authority to take, in relation to the entity’s accreditation, or under Part 5.5 (regulatory powers and enforcement) of this Act or the Regulatory Powers Act as it applies in relation to this Act.

Note: The Commissioner must give the determination to the entity and may give it to the complainant (see subsection 103(3)).

(2) The Commissioner may make the determination publicly available, in any manner, and for any period (including indefinitely), the Commissioner considers appropriate. (2A) If the determination relates to an investigation under subsection 101(1A), the Commissioner must give the Minister a copy of the determination. (3) The Commissioner may, in writing, vary or revoke the determination. (4) A determination made under subsection (1) is not a legislative instrument.