Document ID: chunk:federal_register_of_legislation:F2016L00360:reg:14:p13
Version: federal_register_of_legislation:F2016L00360
Segment Type: reg
Provision Reference: reg 14 (pt 13/16)
Character Range: 34234–37314

f)       whether the investigation process has been able to resolve whether an interference with privacy has occurred, and whether it is likely that the determination process would resolve that question.

10.9 The Information Commissioner has a discretion, after an investigation on the Commissioner's own initiative, to make a determination under subsection 52(1A) of the Privacy Act.

10.10 When deciding whether to make a determination following a Commissioner initiated investigation, the Information Commissioner may consider:
           a)      the particular facts of the matter;
           b)     the factors referred to at section 7.1 of these guidelines;
           c)      whether it appears there is a prima facie interference with privacy;
           d)     whether the person has cooperated with the Information Commissioner's enquiries or investigation, and if not, whether the Commissioner believes that it is necessary to make formally binding declarations that the person must take certain steps to address the interference with privacy;
           e)      whether there is a disagreement between the Information Commissioner and the person about whether an interference with privacy has occurred and, if so, the determination would allow that question to be resolved;
           f)       whether there is a public interest in the Information Commissioner making a declaration setting out his or her reasons for finding that an interference with privacy has occurred.

  General approach to enforcing determinations
10.11  Where a respondent has failed to comply with the terms of a determination made under section 52 of the Privacy Act, the Information Commissioner will consider whether to commence proceedings in the Federal Court or the Federal Circuit Court to enforce the determination.
10.12  When deciding whether to commence proceedings to enforce a determination, the Information Commissioner may take into account:
           a)      the particular facts of the matter;
           b)     the factors referred to at section 7.1 of these guidelines;
           c)      the Commonwealth's model litigant obligations referred to at section 7.5 of these guidelines.
11 Injunctions under the My Health Records Act

  Legislative basis for injunctions
11.1  Under section 81 of the My Health Records Act, the Information Commissioner may apply to a Court for an injunction:
           a)      seeking an interim order pending final determination of the matter;
           b)     requiring a person to do an act or thing, if the refusal or failure to do that act or thing was, is, or would be a contravention of the My Health Records Act;
           c)      requiring a person to do an act or thing, if the person has engaged, is engaging or is proposing to engage in conduct contravening the My Health Records Act;
           d)     restraining a person from engaging in conduct that constituted, constitutes or would constitute a contravention of the My Health Records Act.
      11.2  Section 81 of the My Health Records Act triggers the provisions of