48Application to Tribunal

#### 48 Application to Tribunal 48 Application to Tribunal > > (1) A person who has made a complaint to the Privacy Commissioner under Division 1 may apply to the Tribunal for an inquiry into the complaint, but only if the complaint was the subject of a report of the Privacy Commissioner under section 47. > > > > Note. > > > > This section confers jurisdiction on the Tribunal to make an original decision. It does not confer jurisdiction to review a decision of the Privacy Commissioner. > > > (2) An application may only be made within 28 days after— > > > > > (a) the day on which the complainant received the report of the Privacy Commissioner, or > > > > > (b) the day (if any) recommended in the report of the Privacy Commissioner as the day after which an application may be made to the Tribunal, > > > > whichever is later. > > > (3) However, a person cannot apply to the Tribunal if 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— > > > > > (a) the complaint has not been withdrawn, or > > > > > (b) the Commonwealth Privacy Commissioner has made a determination under section 52 of that Act, or > > > > > (c) the adjudicator has made a determination under a provision of the approved privacy code that corresponds to section 52 of that Act.