QLDIn ForceAct
Information Privacy Act 2009
sec.168Information commissioner may decline to deal with or to deal further with complaint
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### sec.168 Information commissioner may decline to deal with or to deal further with complaint
The information commissioner may decline to deal with a privacy complaint, or a part of a privacy complaint, made or referred to the commissioner if—
the act or practice the subject of the complaint or part does not relate to the personal information of the complainant; or
the requirements under section 166 (3) for making a complaint have not been fully satisfied; or
the commissioner reasonably believes the complaint or part is frivolous, vexatious, misconceived or lacking in substance; or
there is a more appropriate course of action available under another Act to deal with the substance of the complaint or part; or
although the complainant made the complaint to the respondent as required under section 166 (3) , in the circumstances, the respondent has not yet had an adequate opportunity to deal with the complaint or part; or
12 months have elapsed since the earlier of the following days—
the last day of the response period for the complaint;
the day the relevant entity responds to the complaint or part.
The commissioner may decline to continue dealing with a privacy complaint, or a part of a privacy complaint, made or referred to the commissioner if—
the complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint or part; or
the commissioner is satisfied on reasonable grounds that the complainant, without a reasonable excuse, has not cooperated in the commissioner’s dealing with the complaint or part; or
the commissioner considers the address the complainant stated in making the privacy complaint is no longer the address at which the complainant can be contacted, and the complainant has not, within a reasonable time, advised the commissioner of a new address to which notices may be sent under this Act.
s 168 amd 2023 No. 32 s 50
(sec.168-ssec.1) The information commissioner may decline to deal with a privacy complaint, or a part of a privacy complaint, made or referred to the commissioner if— the act or practice the subject of the complaint or part does not relate to the personal information of the complainant; or the requirements under section 166 (3) for making a complaint have not been fully satisfied; or the commissioner reasonably believes the complaint or part is frivolous, vexatious, misconceived or lacking in substance; or there is a more appropriate course of action available under another Act to deal with the substance of the complaint or part; or although the complainant made the complaint to the respondent as required under section 166 (3) , in the circumstances, the respondent has not yet had an adequate opportunity to deal with the complaint or part; or 12 months have elapsed since the earlier of the following days— the last day of the response period for the complaint; the day the relevant entity responds to the complaint or part.
(sec.168-ssec.2) The commissioner may decline to continue dealing with a privacy complaint, or a part of a privacy complaint, made or referred to the commissioner if— the complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint or part; or the commissioner is satisfied on reasonable grounds that the complainant, without a reasonable excuse, has not cooperated in the commissioner’s dealing with the complaint or part; or the commissioner considers the address the complainant stated in making the privacy complaint is no longer the address at which the complainant can be contacted, and the complainant has not, within a reasonable time, advised the commissioner of a new address to which notices may be sent under this Act.
- (a) the act or practice the subject of the complaint or part does not relate to the personal information of the complainant; or
- (b) the requirements under section 166 (3) for making a complaint have not been fully satisfied; or
- (c) the commissioner reasonably believes the complaint or part is frivolous, vexatious, misconceived or lacking in substance; or
- (d) there is a more appropriate course of action available under another Act to deal with the substance of the complaint or part; or
- (e) although the complainant made the complaint to the respondent as required under section 166 (3) , in the circumstances, the respondent has not yet had an adequate opportunity to deal with the complaint or part; or
- (f) 12 months have elapsed since the earlier of the following days— (i) the last day of the response period for the complaint; (ii) the day the relevant entity responds to the complaint or part.
- (i) the last day of the response period for the complaint;
- (ii) the day the relevant entity responds to the complaint or part.
- (i) the last day of the response period for the complaint;
- (ii) the day the relevant entity responds to the complaint or part.
- (a) the complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint or part; or
- (b) the commissioner is satisfied on reasonable grounds that the complainant, without a reasonable excuse, has not cooperated in the commissioner’s dealing with the complaint or part; or
- (c) the commissioner considers the address the complainant stated in making the privacy complaint is no longer the address at which the complainant can be contacted, and the complainant has not, within a reasonable time, advised the commissioner of a new address to which notices may be sent under this Act.