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Question 4

Have you lodged your complaint with another dispute resolution body that is investigating your complaint?

Examples of other dispute resolution bodies are the Commonwealth Ombudsman, the Financial Ombudsman Service, the Telecommunications Industry Ombudsman, energy or water Ombudsman services, the Australian Federal Police or the Australian Competition & Consumer Commission.

No

Sorry, the Commissioner is unlikely to investigate your complaint. Further information

Further information

The Commissioner may decide not to investigate your complaint if you have already complained to another body about the same matter and the other body is investigating the matter. This may be because your complaint is:

  • being handled by an external dispute resolution (EDR) scheme that has been recognised by the Information Commissioner to handle certain privacy-related complaints (Section of the Privacy Act to read: 41(1)(dc)). More information on EDR schemes is available on our External Dispute Resolution page.
  • Being handled by another body under another applicable Commonwealth, State or Territory law (Section of the Privacy Act to read: 41(1)(e)).

If your complaint is being dealt with adequately by the other body in these circumstances, then the Commissioner will usually decide not to set up an additional investigation into it.

The Commissioner may also decide not to investigate your complaint if it would be more appropriately dealt with by an EDR scheme (Section of the Privacy Act to read: section 41(1)(dd)) or another body (Section of the Privacy Act to read: section 41(1)(f)).

Some recognised EDR Schemes are:

Some of the bodies that investigate complaints under other federal, state or territory laws are:

Key points

  • The Commissioner may decide not to investigate your complaint if another body is investigating it.
  • The Commissioner may decide not to investigate your complaint if it is more appropriate for another body to deal with it.

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