45Making of privacy related complaints

#### 45 Making of privacy related complaints 45 Making of privacy related complaints > > (1) A complaint may be made to (or by) the Privacy Commissioner about the alleged violation of, or interference with, the privacy of an individual. > > > (2) The subject-matter of a complaint may relate to conduct to which Part 5 applies (unless it is conduct that is alleged to have occurred before the commencement of that Part). > > > > Note. > > > > Section 21 of the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071) provides that certain conduct under that Act by public sector agencies is conduct to which Part 5 of this Act applies. > > > (2A) A complaint about a matter referred to in section 42 of the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071) is not to be dealt with under this Division but is to be dealt with by the Privacy Commissioner as a complaint under Part 6 of that Act. > > > > Note. > > > > Section 42 of that [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071) provides that a complaint may be made to the Privacy Commissioner about the alleged contravention by a private sector person of a Health Privacy Principle, a provision of Part 4 (Provisions for private sector persons) of that Act or a health privacy code of practice. > > > (3) A complaint may be in writing or verbal, but the Privacy Commissioner may require a verbal complaint to be put in writing. > > > (4) The Privacy Commissioner may require information about a complaint to be provided by the complainant in a particular manner or form, and may require a complaint to be verified by statutory declaration. > > > (5) A complaint must be made within 6 months (or such later time as the Privacy Commissioner may allow) from the time the complainant first became aware of the conduct or matter the subject of the complaint. > > > (6) A complainant may amend or withdraw a complaint. > > **s 45:** Am 2002 No 71, Sch 3 \[17\] \[18\] (am 2002 No 112, Sch 2.8).