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 Commissioner for Privacy and Data Protection. 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 Commissioner for Privacy and Data Protection 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 health to personal information.
You must ask for your complaint to be referred to VCAT within 60 days of receiving notice from the Commissioner for Privacy and Data Protection.
Before you apply
You cannot make an application direct to VCAT. You must first contact the Commissioner for Privacy and Data Protection 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.
There are no application or hearing fees.
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 free or low-cost legal services that may be able to assist you.
Need help with your application?
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. The following services may be able to help 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.