Document ID: chunk:federal_register_of_legislation:F2016L00360:reg:14:p5
Version: federal_register_of_legislation:F2016L00360
Segment Type: reg
Provision Reference: reg 14 (pt 5/16)
Character Range: 12091–15132

attempt to conciliate a complaint, conduct preliminary inquiries to determine whether or not to open an investigation, require information or a document to be produced, require a person to attend before the Commissioner to answer questions under oath or affirmation, enter premises to examine documents and, in certain circumstances, to hold a hearing, examine witnesses or call compulsory conferences. Part V also provides detail on how an investigation should be conducted, including procedural elements.

  Enforcement powers under the My Health Records Act

5.6  The Information Commissioner has enforcement powers under the My Health Records Act (which triggers specified parts of the Regulatory Powers Act). These powers include the ability to do one or more of the following:
           a)      accept an enforceable undertaking;
           b)     apply to a Court for an order to enforce an enforceable undertaking ;
           c)      apply to a Court for an injunction to require a person to do, or to restrain a person from doing, specified actions;
           d)     apply to a Court for an order that a person who is alleged to have contravened a civil penalty provision in the My Health Records Act pay the Commonwealth a pecuniary penalty.
5.7  The Information Commissioner's use of each of these enforcement powers is discussed below at section 8 (enforceable undertakings), section 11 (injunctions) and section 13 (civil penalty orders).

  Enforcement powers under the Privacy Act

5.8  The Information Commissioner has enforcement powers under the Privacy Act that include the ability to do one or more of the following:

           a)      accept an enforceable undertaking
           b)     apply to the Federal Court or the Federal Circuit Court for an order to enforce an enforceable undertaking
           c)      make a non-binding determination;
           d)     apply to the Federal Court or the Federal Circuit Court for an order to enforce a determination;
           e)      apply to the Federal Court or the Federal Circuit Court for an injunction to require a person to do, or restrain a person from doing, specified actions
           f)       apply to the Federal Court or the Federal Circuit Court for an order that a person who is alleged to have contravened a civil penalty provision in the Privacy Act pay the Commonwealth a pecuniary penalty.
5.9  The Information Commissioner's use of these enforcement powers is discussed below at section 9 (enforceable undertakings), section 10 (determinations), section 12 (injunctions) and section 14 (civil penalty orders).

6 Investigations – general principles
6.1   When investigating an alleged contravention and deciding whether to take enforcement action (see section 7), the Information Commissioner will act consistently with general principles of good decision making, as explained in the Best Practice Guides published by the Administrative Review Council in 2007. In particular, the Information Commissioner will act fairly, transparently, and in