Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_55a
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 55A
Character Range: 87306–89655

55A  Proceedings in the Federal Court or Federal Magistrates Court to enforce a determination

 (1) Any of the following persons may commence proceedings in the Federal Court or the Federal Magistrates Court for an order to enforce a determination:
 (a) the complainant;
 (b) the Commissioner, if the determination was made under section 52;
 (c) the adjudicator for the approved privacy code under which the determination was made, if it was made under an approved privacy code.

 (2) If the court is satisfied that the respondent has engaged in conduct that constitutes an interference with the privacy of the complainant, the court may make such orders (including a declaration of right) as it thinks fit.

 (3) The court may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.

 (4) The court is not to require a person, as a condition of granting an interim injunction, to give an undertaking as to damages.

 (5) The court is to deal by way of a hearing de novo with the question whether the respondent has engaged in conduct that constitutes an interference with the privacy of the complainant.

 (6) Despite subsection (5), the court may receive any of the following as evidence in proceedings about a determination made by the Commissioner under section 52:
 (a) a copy of the Commissioner's written reasons for the determination;
 (b) a copy of any document that was before the Commissioner;
 (c) a copy of a record (including any tape recording) of any appearance before the Commissioner (including any oral submissions made) under subsection 43(5).

 (7) Despite subsection (5), the court may receive any of the following as evidence in proceedings about a determination made by an adjudicator under an approved privacy code:
 (a) a copy of the adjudicator's written reasons for the determination;
 (b) a copy of any document that was before the adjudicator;
 (c) a copy of a record (including any tape recording) of any appearance before the adjudicator (including any oral submissions made).

 (7A) In conducting a hearing and making an order under this section, the court is to have due regard to the matters that paragraph 29(a) requires the Commissioner to have due regard to.

 (8) In this section:

complainant, in relation to a representative complaint, means any of the class members.