Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_18bb:p1
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 18BB (pt 1/3)
Character Range: 58742–61456

18BB  Commissioner may approve privacy code

 (1) Before deciding whether to approve a privacy code, the Commissioner may consult any person the Commissioner considers appropriate.

 (2) The Commissioner may approve a privacy code if, and only if, the Commissioner is satisfied:
 (a) that the code incorporates all the National Privacy Principles or sets out obligations that, overall, are at least the equivalent of all the obligations set out in those Principles; and
 (b) that the code specifies the organisations bound by the code or a way of determining the organisations that are, or will be, bound by the code; and
 (c) that only organisations that consent to be bound by the code are, or will be, bound by the code; and
 (d) that the code sets out a procedure by which an organisation may cease to be bound by the code and when the cessation takes effect; and
 (e) of the matters mentioned in subsection (3), if the code sets out procedures for making and dealing with complaints in relation to acts or practices of an organisation bound by the code that may be an interference with the privacy of an individual; and
 (f) that members of the public have been given an adequate opportunity to comment on a draft of the code.

 (3) If the code sets out procedures for making and dealing with complaints, the Commissioner must be satisfied that:
 (a) the procedures meet:
 (i) the prescribed standards; and
 (ii) the Commissioner's guidelines (if any) in relation to making and dealing with complaints; and
 (b) the code provides for the appointment of an independent adjudicator to whom complaints may be made; and
 (c) the code provides that, in performing his or her functions, and exercising his or her powers, under the code, an adjudicator for the code must have due regard to the matters that paragraph 29(a) requires the Commissioner to have due regard to; and
 (d) the determinations, findings, declarations, orders and directions that the adjudicator may make under the code after investigating a complaint are the same as those that the Commissioner may make under section 52 after investigating a complaint under this Act; and
 (e) the code obliges an organisation bound by the code not to repeat or continue conduct of the organisation declared by the adjudicator (after investigating a complaint) to constitute an interference with the privacy of the complainant; and
 (f) the code obliges an organisation bound by the code to perform an act or course of conduct that the adjudicator has declared (after investigating a complaint) that the organisation should perform to redress loss or damage suffered by the complainant; and
 (g) the code requires organisations bound by the code to co‑operate