106Commissioner to accept, reject or refer complaint

106 Commissioner to accept, reject or refer complaint (1) Within 90 days after receiving a complaint, the Commissioner must: (a) decide whether to accept or reject the complaint or to refer the complaint under section 103(2); and (b) notify the complainant in writing of that decision. (2) In deciding whether to accept, reject or refer the complaint, the Commissioner may request the complainant: (a) to attend before the Commissioner to discuss the complaint; or (b) to provide records or other information to support the (3) The Commissioner may reject a complaint if the Commissioner is satisfied that: (a) if the complaint is made under section 103 – the complaint was not made within 90 days after the complainant was notified of the decision by the respondent; or (b) if the complaint is made under section 104 – the complaint does not disclose a contravention of an IPP, a code of practice, an authorisation or Chapter 5A of the Domestic and Family Violence Act 2007 in respect of the complainant's personal information or any other interference with the complainant's privacy; or (c) if the complaint is made under section 104: (i) the complainant has not requested the respondent to resolve or rectify the matter complained of; or

Information Act 2002 67 (ii) the respondent is dealing with, or has dealt with, the matter adequately or has not had sufficient time to deal with the matter; or (d) if the complaint is made under section 104 – the complaint is made more than 12 months after the complainant became aware that there had been a contravention of an IPP, a code of practice, an authorisation or Chapter 5A of the Domestic and Family Violence Act 2007 in respect of the complainant's personal information or any other interference with the complainant's privacy; or (e) the complaint is trivial, frivolous or vexatious; or (f) the complaint is misconceived or lacking in substance; or (g) the matter complained of is more appropriately dealt with under another law or by a court or tribunal or by another person or body. (4) The Commissioner may reject a complaint if: (a) the matter complained of is being, or has been, dealt with already under this Division; or (b) there are currently proceedings before a court or tribunal in respect of the matter complained of. (5) If the Commissioner rejects a complaint for a reason other than a reason specified in subsection (3)(c)(i) or (ii), the complainant is not entitled to make another complaint about the same matter.