Document ID: chunk:federal_register_of_legislation:C2025C00055:section:52:p1
Version: federal_register_of_legislation:C2025C00055
Segment Type: section
Provision Reference: s 52 (pt 1/3)
Character Range: 423802–426513

52  Determination of the Commissioner
 (1) After investigating a complaint, the Commissioner may:
 (a) make a determination dismissing the complaint; or
 (b) find the complaint substantiated and make a determination that includes one or more of the following:
 (i) a declaration:
 (A) where the principal executive of an agency is the respondent—that the agency has engaged in conduct constituting an interference with the privacy of an individual and must not repeat or continue such conduct; or
 (B) in any other case—that the respondent has engaged in conduct constituting an interference with the privacy of an individual and must not repeat or continue such conduct;
 (ia) a declaration that the respondent must take specified steps within a specified period to ensure that such conduct is not repeated or continued;
 (ii) a declaration that the respondent must perform any reasonable act or course of conduct to redress any loss or damage suffered, or to prevent or reduce any reasonably foreseeable loss or damage that is likely to be suffered, by the complainant;
 (iia) a declaration that the respondent must prepare and publish, or otherwise communicate, a statement about the conduct (see section 52A);
 (iii) a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered by reason of the act or practice the subject of the complaint;
 (iv) a declaration that it would be inappropriate for any further action to be taken in the matter.
 (1A) After investigating an act or practice of a person or entity under subsection 40(2), the Commissioner may make a determination that includes one or more of the following:
 (a) a declaration that:
 (i) the act or practice is an interference with the privacy of one or more individuals; and
 (ii) the person or entity must not repeat or continue the act or practice;
 (b) a declaration that the person or entity must take specified steps within a specified period to ensure that the act or practice is not repeated or continued;
 (ba) a declaration that the respondent must prepare and publish, or otherwise communicate, a statement about the conduct (see section 52A);
 (c) a declaration that the person or entity must perform any reasonable act or course of conduct to redress any loss or damage suffered, or to prevent or reduce any reasonably foreseeable loss or damage that is likely to be suffered, by one or more of those individuals;
 (d) a declaration that one or more of those individuals are entitled to a specified amount by way of compensation for any loss or damage suffered by reason of the act or practice;
 (e) a declaration that it would be inappropriate for any further action to