The Information Commissioner can recognise external dispute resolution (EDR) schemes to handle particular privacy-related complaints (s 35A of the Privacy Act 1988).
Our Guidelines for recognising external dispute resolution schemes include the matters the Commissioner must take into account in considering whether to recognise an EDR scheme, the steps an EDR scheme should take to apply for recognition and the general conditions for ongoing recognition.
Importantly under Part IIIA of the Privacy Act, a credit provider (as defined by sections 6G to 6K of the Privacy Act), must be a member of an EDR scheme recognised under the Privacy Act to be able to disclose credit information about an individual to a credit reporting body and thereby participate in the consumer credit reporting system. This mandatory EDR membership provision does not apply to disclosures made in connection with the provision of commercial credit.
We have assessed and accepted applications from the EDR schemes below to handle privacy-related complaints under the Privacy Act 1988. A recognised EDR scheme must follow our Guidelines for recognising external dispute resolution schemes, especially Part 4 on the conditions for ongoing recognition.
Applications
There are no current applications to recognise an EDR scheme.
Specified purpose
Subject to the ACT Civil and Administrative Tribunal Act 2008 and the Utilities Act 2000, the ACAT will receive, facilitate the resolution of, make decisions and recommendations for, and report on complaints within its scope about the acts or practices of utility providers operating in the Australian Capital Territory. Those acts or practices include acts or practices involving utility accounts related to a resident in the Australian Capital Territory that might be an interference with the privacy of an individual under sub-section 13(1) and/or 13(2) of the Privacy Act 1988 (Cth).
See the scheme’s notice of recognition
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Specified purpose
Subject to the AFCA Rules, AFCA will receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints about acts or practices of AFCA members that may be an interference with the privacy of an individual under subsections 13(1) and/or 13(2) of the Privacy Act 1988.
See the scheme’s notice of recognition
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Specified purpose
Subject to its terms of reference, EWON will receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints about acts or practices of EWON Members that may be an interference with the privacy of an individual under subsections 13(1) and/or 13(2) of the Privacy Act 1988.
See the scheme’s notice of recognition
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Specified purpose
Subject to the Energy and Water Ombudsman Act 2006 (Qld), EWOQ will receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints within its scope about acts or practices of EWOQ members that may be an interference with the privacy of an individual under subsections 13(1) and/or 13(2) of the Privacy Act 1988.
See the scheme’s notice of recognition
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Specified purpose
Subject to its constitution and charter, EWOSA will receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints about acts or practices of EWOSA Members that may be an interference with the privacy of an individual under subsections 13(1) and/or 13(2) of the Privacy Act 1988.
See the scheme’s notice of recognition
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Specified purpose
Subject to its charter, EWOV will receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints about acts or practices of EWOV members that may be an interference with the privacy of an individual under subsections 13(1) and/ or 13(2) of the Privacy Act 1988.
See the scheme’s notice of recognition
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Specified purpose
Subject to the Energy Coordination Act 1994 (WA), Electricity Industry Act 2004 (WA), Water Services Act 2012 (WA), and the Constitution and Charter of the Energy and Water Ombudsman (Western Australia) Limited, the Energy and Water Ombudsman Western Australia will receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints about acts or practices of members of the Energy and Water Ombudsman Scheme that may be an interference with the privacy of an individual under subsections 13(1) and/or 13(2) of the Privacy Act 1988.
See the scheme’s notice of recognition
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Specified purpose
Subject to its constitution and charter, the PTO will receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints about acts or practices of PTO members that may be an interference with the privacy of an individual under subsections 13(1) of the Privacy Act 1988.
See the scheme’s notice of recognition
Specified purpose
To receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints about acts or practices of TIO members that may be an interference with the privacy of an individual under subsections 13(1) and/or 13(2) of the Privacy Act 1988.
See the scheme’s notice of recognition
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Specified purpose
Subject to the governing Tolling Customer Ombudsman Agreements, TCO will receive, investigate, facilitate the resolution of, make decisions and recommendations for, and report on, complaints about acts or practices of TCO members that may be an interference with the privacy of an individual under subsections 13(1) and/or 13(2) of the Privacy Act 1988.
On 1 March 2016, the Commissioner varied TCO’s recognition as an EDR scheme and removed the specified condition that recognition was granted provisionally for 24 months, subject to an independent review of the TCO scheme being conducted within that period and the OAIC being satisfied with the conduct of the independent review and the TCO’s response to any recommendations.
The Commissioner granted this variation to remove the specified condition because, due to commercial credit providers being exempt from the requirement to join an EDR scheme to access the credit reporting system, TCO has not experienced the increase in privacy related complaints that was anticipated in March 2014. TCO will instead be required to conduct an independent review within 5 years as set out in the Guidelines for recognising external dispute resolution schemes.
See the scheme’s notice of recognition
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