51Complaints and investigations under the Privacy Act 1988

51 Complaints and investigations under the Privacy Act 1988

(1) This section applies to: (a) a complaint if: (i) the complaint could have been made to the Privacy Commissioner under the Privacy Act 1988 before the fund‑transfer day in relation to an act or practice of the Commission in connection with the performance of the Commission’s Medibank Private functions; and (ii) the complaint is made on or after the fund‑transfer day; or (b) a complaint if: (i) before the fund‑transfer day, the complaint was made to the Privacy Commissioner under the Privacy Act 1988 in relation to an act or practice of the Commission in connection with the performance of the Commission’s Medibank Private functions; and (ii) immediately before the fund‑transfer day, the Privacy Commissioner had not finally disposed of the matter in accordance with that Act; or (c) an investigation if: (i) before the fund‑transfer day, the Privacy Commissioner commenced the investigation under the Privacy Act 1988 in relation to an act or practice of the Commission in connection with the performance of the Commission’s Medibank Private functions; and (ii) immediately before the fund‑transfer day, the Privacy Commissioner had not finally disposed of the matter in accordance with that Act. (2) The Privacy Act 1988 has effect on and after the fund‑transfer day, in relation to the complaint or investigation, as if: (a) the act or practice of the Commission had been an act or practice of the nominated company; and (b) the nominated company were an agency (within the meaning of that Act); and (c) the nominated company had been in existence at the time when the act or practice occurred.