QLDIn ForceAct
Information Privacy Act 2009
sec.224Privacy complaints made but not finalised before commencement
Start here
Get a plain-English read of sec.224
Turn the raw legal text into a practical explanation grounded in Information Privacy Act 2009.
### sec.224 Privacy complaints made but not finalised before commencement
This section applies if—
before the commencement, a privacy complaint was made or referred to the information commissioner under former chapter 5, part 1; and
immediately before the commencement, the complaint, or a part of the complaint, had not been finalised.
Former chapter 5 continues to apply in relation to the privacy complaint or part of the privacy complaint as if the amendment Act had not been enacted.
For subsection (1)(b), a privacy complaint or part of a privacy complaint is finalised if—
any of the following apply—
the information commissioner has declined to deal, or continue to deal, with the complaint or part under former section 168;
the information commissioner has referred the privacy complaint or part to another entity under section 169;
a mediated agreement has been certified for the privacy complaint or part under section 172;
QCAT has disposed of the complaint or part under former section 178; and
the time for exercising any review or appeal rights in relation to a matter mentioned in paragraph (a) has ended without any rights being exercised.
s 224 ins 2023 No. 32 s 73
(sec.224-ssec.1) This section applies if— before the commencement, a privacy complaint was made or referred to the information commissioner under former chapter 5, part 1; and immediately before the commencement, the complaint, or a part of the complaint, had not been finalised.
(sec.224-ssec.2) Former chapter 5 continues to apply in relation to the privacy complaint or part of the privacy complaint as if the amendment Act had not been enacted.
(sec.224-ssec.3) For subsection (1)(b), a privacy complaint or part of a privacy complaint is finalised if— any of the following apply— the information commissioner has declined to deal, or continue to deal, with the complaint or part under former section 168; the information commissioner has referred the privacy complaint or part to another entity under section 169; a mediated agreement has been certified for the privacy complaint or part under section 172; QCAT has disposed of the complaint or part under former section 178; and the time for exercising any review or appeal rights in relation to a matter mentioned in paragraph (a) has ended without any rights being exercised.
- (a) before the commencement, a privacy complaint was made or referred to the information commissioner under former chapter 5, part 1; and
- (b) immediately before the commencement, the complaint, or a part of the complaint, had not been finalised.
- (a) any of the following apply— (i) the information commissioner has declined to deal, or continue to deal, with the complaint or part under former section 168; (ii) the information commissioner has referred the privacy complaint or part to another entity under section 169; (iii) a mediated agreement has been certified for the privacy complaint or part under section 172; (iv) QCAT has disposed of the complaint or part under former section 178; and
- (i) the information commissioner has declined to deal, or continue to deal, with the complaint or part under former section 168;
- (ii) the information commissioner has referred the privacy complaint or part to another entity under section 169;
- (iii) a mediated agreement has been certified for the privacy complaint or part under section 172;
- (iv) QCAT has disposed of the complaint or part under former section 178; and
- (b) the time for exercising any review or appeal rights in relation to a matter mentioned in paragraph (a) has ended without any rights being exercised.
- (i) the information commissioner has declined to deal, or continue to deal, with the complaint or part under former section 168;
- (ii) the information commissioner has referred the privacy complaint or part to another entity under section 169;
- (iii) a mediated agreement has been certified for the privacy complaint or part under section 172;
- (iv) QCAT has disposed of the complaint or part under former section 178; and