126Reference of matters to Privacy Commissioner

#### 126 Reference of matters to Privacy Commissioner ESRA may decide not to investigate (1) If, before ESRA starts, or after it has started, an investigation of a matter to which a complaint relates, ESRA forms the opinion that the matter could be more conveniently or effectively dealt with by the Privacy Commissioner, ESRA may decide not to investigate the matter, or not to investigate the matter further, as the case may be. Transfer of complaint to Privacy Commissioner (2) If ESRA so decides, it must: (a) transfer the complaint to the Privacy Commissioner; and (b) give written notice to the complainant stating that the complaint has been so transferred; and (c) give to the Privacy Commissioner any information or documents that relate to the complaint and that are in ESRA’s possession or under its control. > Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection. Complaint treated as if it were made under the Privacy Act 1988 (3) A complaint transferred under this section to the Privacy Commissioner is taken to be a complaint made to the Privacy Commissioner under the Privacy Act 1988.