You can make a privacy complaint to the us about the handling of your personal information by:
- a Victorian public sector organisation (including Victorian government departments, statutory offices, government schools, universities and TAFEs); or
- a private or community sector organisation carrying out functions for or on behalf of a Victorian public sector organisation.
Privacy complaints are primarily about setting things right for you, rather than punishing individuals or organisations for doing the wrong thing. When making a privacy complaint, the first step is always to talk to the organisation involved. If that doesn’t resolve the issue, then you can bring your complaint to us.
Our job is to try to resolve your complaint through conciliation. This means:
- we don’t take sides;
- we don’t decide who is right or wrong; and
- we don’t determine whether your privacy has been breached.
We will try to help you and the organisation talk through the issues and resolve your complaint in a way that is acceptable to everyone, and which upholds the objectives of the Privacy and Data Protection Act.
If we cannot resolve your complaint though conciliation, you can request for your complaint to be referred to the Victorian Civil and Administrative Tribunal (VCAT) for hearing. VCAT will hear evidence from both parties and make a formal determination about whether or not your privacy has been interfered with. If VCAT is satisfied that you have proven your complaint on the balance of probabilities, it can order the organisation to pay compensation or to take certain actions to remedy any harm you have suffered.