ACTIn ForceAct
Information Privacy Act 2014
39Commissioner may decide not to deal with privacy
Start here
Get a plain-English read of 39
Turn the raw legal text into a practical explanation grounded in Information Privacy Act 2014.
39 Commissioner may decide not to deal with privacy
complaint
The information privacy commissioner may decide not to deal with a
privacy complaint if the commissioner is reasonably satisfied—
(a) the act or practice the subject of the complaint is not an
interference with an individual’s privacy; or
(b) the complaint was made more than 12 months after the
complainant became aware of the act or practice; or
(c) the complaint is frivolous, vexatious, misconceived, lacking in
substance or not made in good faith; or
(d) the act or practice is the subject of an application under another
territory law, or a State or Commonwealth law, and the
substance of the complaint has been, or is being, dealt with
adequately under that law; or
Privacy complaints Part 6
Dealing with privacy complaints Division 6.3
Section 40
R13
16/12/25
Information Privacy Act 2014
Effective: 16/12/25
page 27
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(e) the complaint would be better dealt with under another territory
law, or a State or Commonwealth law; or
(f) dealing, or further dealing, with the act or practice is not
warranted having regard to all the circumstances; or
(g) the complainant has complained to the respondent about the act
or practice and—
(i) the respondent has dealt, or is dealing, adequately with the
complaint; or
(ii) the respondent has not yet had an adequate opportunity to
deal with the complaint.