(a) make a determination dismissing the complaint; or
(b) find the complaint substantiated and make a determination that includes one or more of the following:
(i) a declaration:
(A) where the principal executive of an agency is the respondent--that the agency has engaged in conduct constituting an interference with the privacy of an individual and should not repeat or continue such conduct; or
(B) in any other case--that the respondent has engaged in conduct constituting an interference with the privacy of an individual and should not repeat or continue such conduct;
(ii) a declaration that the respondent should perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant;
(iii) a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered by reason of the act or practice the subject of the complaint;
(iv) a declaration that it would be inappropriate for any further action to be taken in the matter.
(1A) The loss or damage referred to in paragraph (1)(b) includes injury to the complainant's feelings or humiliation suffered by the complainant.
(1B) A determination of the Commissioner under subsection (1) is not binding or conclusive between any of the parties to the determination.
(2) The Commissioner shall, in a determination, state any findings of fact upon which the determination is based.
(3) In a determination under paragraph (1)(a) or (b) (other than a determination made on a representative complaint), the Commissioner may include a declaration that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred by the complainant in connection with the making of the complaint and the investigation of the complaint.
(3A) The Commissioner may include an order mentioned in subsection (3B) in a determination under subparagraph (1)(b)(i) or (ii) that concerns a breach of:
(a) Information Privacy Principle 7; or
(b) National Privacy Principle 6, to the extent that it deals with the correction of personal information; or
(c) a provision of an approved privacy code that corresponds to National Privacy Principle 6, to the extent that it deals with the correction of personal information; or
(d) section 18J.
(3B) A determination may include an order that:
(a) an agency or respondent make an appropriate correction, deletion or addition to a record, or to a credit information file or credit report, as the case may be; or
(b) an agency or respondent attach to a record, or include in a credit information file or credit report, as the case may be, a statement provided by the complainant of a correction, deletion or addition sought by the complainant.
(4) A determination by the Commissioner under subparagraph (1)(b)(iii) on a representative complaint:
(a) may provide for payment of specified amounts or of amounts worked out in a manner specified by the Commissioner; and
(b) if the Commissioner provides for payment in accordance with paragraph (a), must make provision for the payment of the money to the complainants concerned.
(5) If the Commissioner makes a determination under subparagraph (1)(b)(iii) on a representative complaint, the Commissioner may give such directions (if any) as he or she thinks just in relation to:
(a) the manner in which a class member is to establish his or her entitlement to the payment of an amount under the determination; and
(b) the manner for determining any dispute regarding the entitlement of a class member to the payment.
(6) In this section:
complainant, in relation to a representative complaint, means the class members.
(a) must give a copy of the determination to each agency:
(i) to which services are or were to be provided under the contract; and
(ii) to which the Commissioner considers it appropriate to give a copy; and
(b) may give such an agency a written recommendation of any measures that the Commissioner considers appropriate.
(2) The Commissioner may give an agency a recommendation only after consulting the agency.
(3) An agency that receives a recommendation from the Commissioner must tell the Commissioner in writing of any action the agency proposes to take in relation to the recommendation. The agency must do so within 60 days of receiving the recommendation.
(a) the respondent to a determination under subsection 52(1) is a contracted service provider for a Commonwealth contract; and
(b) the determination includes:
(i) a declaration under subparagraph 52(1)(b)(iii) that the complainant is entitled to a specified amount by way of compensation; or
(ii) a declaration under subsection 52(3) that the complainant is entitled to a specified amount by way of reimbursement; and
(c) at a particular time after the determination was made, the respondent:
(i) dies or ceases to exist; or
(ii) becomes bankrupt or insolvent, commences to be wound up, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any property for the benefit of creditors; and
(d) at that time, the complainant had not been paid the whole or part of an amount referred to in subparagraph (b)(i) or (b)(ii).
(2) The Commissioner may determine in writing that a specified agency to which services were or were to be provided under the contract is the respondent to the determination under section 52. The determination has effect according to its terms for the purposes of section 60.
Note: This means that the amount owed by the contracted service provider will be a debt due by the agency to the complainant.
(3) Before making a determination, the Commissioner must give the agency:
(a) a notice stating that the Commissioner proposes to make the determination and stating the reasons for the proposal; and
(b) an opportunity to appear before the Commissioner and to make oral and/or written submissions relating to the proposed determination.