Document ID: chunk:federal_register_of_legislation:F2016L00360:reg:14:p6
Version: federal_register_of_legislation:F2016L00360
Segment Type: reg
Provision Reference: reg 14 (pt 6/16)
Character Range: 14849–17781

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 accordance with principles of natural justice (or procedural fairness).

   General approach to complaints
6.2  A complaint received by the Information Commissioner relating to the My Health Record system will, unless there is a reason to accept the complaint and act under the My Health Records Act, be treated as a complaint made under section 36 of the Privacy Act, and will be investigated under the provisions of Part V of the Privacy Act. If a complaint is made under the Privacy Act, any investigation must be in accordance with the Privacy Act.
6.3  When investigating a complaint relating to the My Health Record system under the Privacy Act, the Information Commissioner must make a reasonable attempt to conciliate the complaint. The Information Commissioner may decline to investigate or further investigate a complaint if there is no reasonable likelihood of a conciliated outcome. Following a complaint investigation, the Commissioner may decide to take enforcement action under the My Health Records Act or the Privacy Act.

  General approach to Commissioner initiated investigations
6.4  The Commissioner may, on his or her own initiative, decide to investigate an act or practice that may be an interference with the privacy of an individual. The Commissioner may decide to commence a Commissioner initiated investigation following a complaint or data breach notification, or may commence a Commissioner initiated investigation independently of any complaint or notification.
6.5  A Commissioner initiated investigation relating to the My Health Record system will be conducted under Part V of the Privacy Act rather than under the My Health Records Act, unless there is a reason to conduct the investigation under the latter Act.
6.6  Following a Commissioner initiated investigation under the Privacy Act, the Information Commissioner may decide to take enforcement action under the Privacy Act or the My Health Records Act.

  General approach to conducting investigations under section 73 of the My Health Records Act
6.7  Where the Information Commissioner decides to conduct an investigation under section 73 of the My Health Record Act (as an alternative to an investigation under Part V of the Privacy Act), the Commissioner will follow a process that, so far as practicable, corresponds with the investigative processes set out in Part V of the Privacy Act.
6.8  Upon completing an investigation under section 73 of the My Health Records Act, the Information Commissioner may take enforcement action under that Act. The Commissioner will consider the suitability of attempting by conciliation to effect a settlement of