18Making of complaints

18 Making of complaints

(1)  A person may make a complaint to the Ombudsman in relation to a matter referred to in subsection (2) if the person –

(a) has raised the matter with the relevant personal information custodian; and

(b) is not satisfied with the response from the personal information custodian.

(2)  A complaint may be made by a person in relation to the alleged contravention by a personal information custodian of a personal information protection principle that applies to the person.

(3)  A complaint may be in writing or verbal, but the Ombudsman may require a verbal complaint to be put in writing.

(4)  The Ombudsman may –

(a) require information about a complaint to be provided by the complainant in a particular manner or form; and

(b) require a complaint to be verified by statutory declaration.

(5)  [Section 18 Subsection (5) amended by No. 71 of 2009, s. 9, Applied:15 Jul 2010] A complaint, other than a complaint about a decision to refuse a request to amend personal information made in accordance with Part 3A , must be made within 6 months or any further period the Ombudsman may allow from the time the complainant first became aware of the matter which is the subject of the complaint.

(5A)  [Section 18 Subsection (5A) inserted by No. 71 of 2009, s. 9, Applied:15 Jul 2010] A complaint about a decision to refuse a request to amend personal information made in accordance with Part 3A must be made within 20 working days of the date on which the notice of the decision is given under section 17F(1) .

(6)  A complainant may amend or withdraw a complaint.