45Dealing with complaint

#### 45 Dealing with complaint 45 Dealing with complaint > > (1) If the Privacy Commissioner is satisfied that 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, the Privacy Commissioner may— > > > > > (a) endeavour to resolve the complaint by conciliation under section 46, or > > > > > (b) further investigate the complaint and make a report under section 47, or > > > > > (c) determine that the complaint has been resolved to his or her satisfaction. > > > (2) In deciding which course of action to take, the Privacy Commissioner is to take into consideration the following matters— > > > > > (a) the nature of the complaint, > > > > > (b) the views of the complainant and respondent, > > > > > (c) any action taken by the respondent (or that the respondent gives an undertaking to take) to address the complaint, > > > > > (d) whether the complaint raises a matter of public interest. > > > (3) If the Privacy Commissioner determines that the complaint has been resolved to his or her satisfaction under subsection (1) (c), the Privacy Commissioner is to— > > > > > (a) notify the complainant and the respondent of the determination, and > > > > > (b) take no further action on the complaint.