Privacy complaints about the OAIC

This operational policy outlines how individuals can raise concerns about how the OAIC has handled their personal information, and how we will respond.

Scope

This policy applies only to complaints made about the OAIC’s own handling of personal information under the Privacy Act 1988.

How we handle privacy complaints about the OAIC

If you’re concerned that the OAIC has mishandled your personal information, we follow a structured process to consider your complaint to ensure transparency and independence.

Initial contact

We encourage you to first try to resolve the issue with the person you have been dealing with or their supervisor.

Staff members should attempt to resolve the complaint with you directly. Sometimes this might be possible by providing an explanation of the OAIC’s processes or apologising if we have mishandled your personal information.

Internal privacy team review

If you are not satisfied with the resolution from your initial contact, you can make a privacy complaint by contacting our Chief Privacy Officer:

Email: cpo@OAIC.gov.au

When making a complaint please be clear and factual in describing your concerns and tell us the outcome you would like. Providing your name and contact details will let us get in touch and help resolve the issue.

We will acknowledge receipt of your complaint and aim to respond to your complaint within 30 calendar days. If we need more time, we will let you know and explain why.

Your complaint will be considered independently by a case officer who was not involved in the matter.

Outcome

We will provide you with a written response outlining:

• The outcome of our consideration
• Any steps we have taken or will take to address your concerns.

If you are not satisfied

If you are not satisfied with the outcome of your privacy complaint about the OAIC, you can lodge a formal privacy complaint under section 36 of the Privacy Act 1988.

To do so, visit our website on how to Lodge a privacy complaint with us.

Your formal section 36 complaint will:

• Be assigned to an independent case officer who was not involved in the original matter or the handling of your initial privacy complaint, ensuring independence. The officer will apply the same standards we use when investigating complaints about other APP entities.
• Undergo a preliminary assessment to determine whether the OAIC has adequately handled your personal information.

In some cases, the OAIC may appoint an external independent investigator. Their role would be limited to reviewing whether the OAIC’s preliminary assessment of the formal complaint was adequate and appropriately conducted, not to       re-investigate the complaint itself.

We will tell you if an external independent investigator is to be appointed.

The case officer will consider the findings of any such review when making a final assessment.

You will receive a written response outlining:

• The outcome of the formal complaint
• Any action the OAIC has taken or will take in response.

Further Assistance

If after the formal section  36 complaint process you remain dissatisfied with the outcome of the complaint, you have the right to seek a judicial review of our decision or determination about your complaint. You may want to seek legal advice however, as there may be fees and costs involved.

You can complain to the Commonwealth Ombudsman if you think you’ve been unfairly treated by us. Making a complaint to the Commonwealth Ombudsman is free.

For more information about making a complaint, visit the Commonwealth Ombudsman’s website.