44Assessment of complaints

#### 44 Assessment of complaints 44 Assessment of complaints > > (1) If the Privacy Commissioner decides to deal with a complaint made under this Part, the Privacy Commissioner— > > > > > (a) is to carry out an assessment to determine whether there is a prima facie case that the respondent contravened a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, and > > > > > (b) for that purpose, may make such inquiries and investigations into the complaint as the Privacy Commissioner thinks appropriate. > > > (2) If, after carrying out such an assessment, the Privacy Commissioner is satisfied that there is no prima facie case that the respondent contravened a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, the Privacy Commissioner is to cease to deal with the complaint. > > > (3) If the Privacy Commissioner ceases to deal with a complaint, the Privacy Commissioner must advise the complainant of the reasons for ceasing to deal with the complaint.