92Grounds for not dealing with complaints

92 Grounds for not dealing with complaints

(1) If a complaint is made under section 88 in relation to an entity’s alleged breach of this Act or a data sharing agreement, a ground exists for not dealing with the complaint if any of the following applies: (a) the Commissioner is satisfied that the alleged breach: (i) did not occur; or (ii) is not material; (b) the complainant fails to satisfy the Commissioner that: (i) the complainant has complained about the alleged breach to the entity; or (ii) it would not be appropriate for the complainant to do so; (c) the complainant has complained about the alleged breach to the entity before complaining to the Commissioner and the Commissioner is satisfied that: (i) the entity has dealt, or is dealing, adequately with the complaint; or (ii) the entity has not had an adequate opportunity to deal with the complaint; (d) the complaint was made more than 12 months after the complainant first reasonably suspected the entity breached this Act or the relevant data sharing agreement; (e) the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith; (f) an investigation, or further investigation, of the alleged breach is impracticable or otherwise unwarranted, having regard to all the circumstances; (g) the complainant has not responded, within the period specified by the Commissioner, to a request for information in relation to the complaint; (h) the Commissioner considers that it would be appropriate to seek to resolve the complaint by conciliation or an external dispute resolution scheme recognised under section 131 (whether or not the entity and the complainant agree to do so); (i) the complaint is being resolved as mentioned in paragraph (h); (j) the conduct giving rise to the complaint is the subject of an application under another Commonwealth law, or a State or Territory law, and the subject matter of the complaint has been, or is being, dealt with adequately under that law; (k) another Commonwealth law, or a State or Territory law, provides a more appropriate remedy for the conduct giving rise to the complaint (including where the Commissioner has formed the opinion mentioned in section 107 (transfer of matters to appropriate authority)); (l) the complainant has withdrawn the complaint. (2) If the Commissioner decides under subsection 91(2) or paragraph 101(4)(a) to cease dealing with a complaint because a ground exists for not dealing with the complaint, the Commissioner must give the complainant written notice of: (a) the Commissioner’s decision and the reasons for it; and (b) the complainant’s review rights under Part 6.2. (3) If the Commissioner notified the respondent of the complaint, the Commissioner must give the respondent a copy of any notice given to the complainant.