(1A) This Division also applies to a determination made by an adjudicator for an approved privacy code under the code in relation to a complaint made under the code.
Note: The making of a determination by the Commissioner under this Act or by an adjudicator under an approved privacy code is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977.
(2) In this section:
agency does not include the nominated AGHS company, an eligible hearing service provider or an eligible case manager.
(1) An organisation that is the respondent to a determination made under section 52:
(a) must not repeat or continue conduct that is covered by a declaration that is included in the determination under sub-subparagraph 52(1)(b)(i)(B); and
(b) must perform the act or course of conduct that is covered by a declaration that is included in the determination under subparagraph 52(1)(b)(ii).
Determination under approved privacy code
(2) An organisation that is the respondent to a determination made under an approved privacy code:
(a) must not repeat or continue conduct that is covered by a declaration that is included in the determination and that corresponds to a declaration mentioned in paragraph (1)(a); and
(b) must perform the act or course of conduct that is covered by a declaration that is included in the determination and that corresponds to a declaration mentioned in paragraph (1)(b).
(a) the complainant;
(b) the Commissioner, if the determination was made under section 52;
(c) the adjudicator for the approved privacy code under which the determination was made, if it was made under an approved privacy code.
(2) If the court is satisfied that the respondent has engaged in conduct that constitutes an interference with the privacy of the complainant, the court may make such orders (including a declaration of right) as it thinks fit.
(3) The court may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.
(4) The court is not to require a person, as a condition of granting an interim injunction, to give an undertaking as to damages.
(5) The court is to deal by way of a hearing de novo with the question whether the respondent has engaged in conduct that constitutes an interference with the privacy of the complainant.
(6) Despite subsection (5), the court may receive any of the following as evidence in proceedings about a determination made by the Commissioner under section 52:
(a) a copy of the Commissioner's written reasons for the determination;
(b) a copy of any document that was before the Commissioner;
(c) a copy of a record (including any tape recording) of any appearance before the Commissioner (including any oral submissions made) under subsection 43(5).
(7) Despite subsection (5), the court may receive any of the following as evidence in proceedings about a determination made by an adjudicator under an approved privacy code:
(a) a copy of the adjudicator's written reasons for the determination;
(b) a copy of any document that was before the adjudicator;
(c) a copy of a record (including any tape recording) of any appearance before the adjudicator (including any oral submissions made).
(7A) In conducting a hearing and making an order under this section, the court is to have due regard to the matters that paragraph 29(a) requires the Commissioner to have due regard to.
(8) In this section:
complainant, in relation to a representative complaint, means any of the class members.
(a) a specified agency had breached an Information Privacy Principle; or
(b) a specified organisation had breached an approved privacy code or a National Privacy Principle.
(2) An adjudicator for an approved privacy code may issue a written certificate setting out the findings of fact upon which the adjudicator based his or her determination that a specified organisation had breached an approved privacy code.
(3) In any proceedings under section 55A, a certificate under subsection (1) or (2) of this section is prima facie evidence of the facts found by the Commissioner or adjudicator and set out in the certificate. However, the certificate is not prima facie evidence of a finding that:
(a) a specified agency had breached an Information Privacy Principle; or
(b) a specified organisation had breached an approved privacy code or a National Privacy Principle.
(4) A document purporting to be a certificate under subsection (1) or (2) must, unless the contrary is established, be taken to be a certificate and to have been properly given.