43Preliminary assessment of complaints

#### 43 Preliminary assessment of complaints 43 Preliminary assessment of complaints > > (1) The Privacy Commissioner may conduct a preliminary assessment of a complaint made under this Part for the purpose of deciding whether to deal with the complaint. > > > (2) The Privacy Commissioner may decide not to deal with a complaint if the Privacy Commissioner is satisfied that— > > > > > (a) the complaint is frivolous, vexatious or lacking in substance, or is not in good faith, or > > > > > (b) the subject matter of the complaint is trivial, or > > > > > (c) the subject matter of the complaint relates to a matter permitted or required by or under any law, or > > > > > (d) there is available to the complainant an alternative, satisfactory and readily available means of redress, or > > > > > (e) the matter should be referred to the Health Care Complaints Commission or another person or body under section 65, 66 or 67, or > > > > > (f) the person has made a complaint about the same subject matter to the Commonwealth Privacy Commissioner, or to an adjudicator under an approved privacy code within the meaning of the [Privacy Act 1988](http://www.legislation.gov.au/) of the Commonwealth, and— > > > > > > > (i) the complaint has not been withdrawn, or > > > > > > > (ii) the Commonwealth Privacy Commissioner has made a determination under section 52 of that Act, or > > > > > > > (iii) the adjudicator has made a determination under a provision of the approved privacy code that corresponds to section 52 of that Act. > > > (3) If the Privacy Commissioner decides not to deal with a complaint, the Privacy Commissioner must advise the complainant of the reasons for deciding not to deal with the complaint.