Information privacy complaints

If you believe someone has breached your right to information privacy, for example by inappropriately collecting, using or disclosing your personal information, you can make an official complaint to the Victorian Information Commissioner. The Commissioner will attempt to resolve your complaint through conciliation. If the complaint cannot be resolved you can request that the matter is referred to VCAT.

Matters referred to VCAT by the Office of the Victorian Information Commissioner under this Act include complaints about acts which amount to an interference with an individual’s privacy such as complaints:

• about the handling of personal information by Victorian public sector organisations including contracted service providers. Those complaints can include complaints regarding the collection and disclosure of personal information
• about access to personal health information.

Time limits

You must ask for your complaint to be referred to VCAT within 60 days of receiving notice from the Office of the Victorian Information Commissioner

Before you apply

You cannot make an application direct to VCAT. You must first contact the Office of the Victorian Information Commissioner about your complaint. If the Commissioner is unable to resolve the matter, they may refer the case to VCAT.

In cases of this kind, instead of being called the applicant, you are called the complainant.

Fees

There are no application or hearing fees. You may have to pay a fee for other VCAT services.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.

Legislation that applies to this type of case

Privacy and Data Protection Act 2014