The Federal Privacy Commissioner has a wide range of powers to conduct investigations into alleged breaches of the Privacy Act 1988.  Where a breach is established, the Commissioner may award compensation or direct an organisation to take specific remedial action. 

The manner in which an organisation that is the subject of an investigation (respondent) handles the investigation process is crucial to achieving a favourable outcome. 

The Commissioner will generally first seek to conciliate a complaint between a complainant and the respondent.  The conciliation process represents a golden opportunity for a respondent to achieve an outcome that is satisfactory to both itself and the complainant.  Achieving a successful outcome to conciliation will not only avoid bad publicity but also avoid the possibility of the Commissioner proceeding to consider whether she should make a formal determination resolving the complaint.

PLCA has extensive experience in advising respondents to investigations.  PLCA can assist respondents throughout the investigation process, including with:

• drafting responses to correspondence from the Commissioner;

• advising on strategic objectives to ensure favourable outcomes;

• understanding the investigation and conciliation process; and

• preparing settlement offers.