Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p9
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 21058–23918

agency' means an agency within the meaning of the Privacy Act 1988;

'principal executive', in relation to a Commonwealth agency, has the same meaning as in Part V of the Privacy Act 1988;

'representative complaint' means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include a complaint that the Commission has determined should no longer be continued as a representative complaint;".

After section 19:

  Insert:

Part applies to victimisation offences

"19A. In this Part, a reference to an act that is unlawful under a provision of Part II includes a reference to an act that is an offence under subsection 27(2).".

After subsection 22(1):

  Insert:

"(1A) In the case of a representative complaint, this section has effect subject to section 25L.".

Sections 25L and 25M:

  Repeal the sections, substitute:

Conditions for making a representative complaint

"25L.(1) A representative complaint may be lodged under section 22 only if:

     (a)     the class members have complaints against the same person; and

     (b)     all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and

     (c)     all the complaints give rise to a substantial common issue of law or fact.

     "(2) A representative complaint under section 22 must:
SCHEDULE—continued

  (a)     describe or otherwise identify the class members; and

    (b)     specify the nature of the complaints made on behalf of the class members; and

  (c)     specify the nature of the relief sought; and

    (d)     specify the questions of law or fact that are common to the complaints of the class members.

In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.

"(3) A representative complaint may be lodged without the consent of class members.

Commission may determine that a complaint is not to continue as a representative complaint

"25M.(1) The Commission may, on application by the respondent or of its own motion, determine that a complaint should no longer continue as a representative complaint.

"(2) The Commission may only make such a determination if it is satisfied that it is in the interests of justice to do so for any of the following reasons:

    (a)     the costs that would be incurred if the complaint were to continue as a representative complaint are likely to exceed the costs that would be incurred if each class member lodged a separate complaint;

    (b)     the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;

    (c)     the complaint was not brought in good faith as a representative complaint;

    (d)     it is otherwise inappropriate that the complaints be pursued by means