TL;DR: To complain to the Office of the Australian Information Commissioner (OAIC): (1) complain in writing to the organisation first; (2) give it 30 days; (3) check whether an external dispute resolution scheme applies (e.g. AFCA for banks, telco, energy schemes); (4) if you’re still unhappy, lodge in writing with the OAIC online or at oaicintake@oaic.gov.au. The OAIC can’t take complaints over the phone.

Step 1: Complain to the organisation

The OAIC says you first need to complain to the organisation or agency you think mishandled your information. For breaches specifically, ask them whether your information was affected.

Do it in writing. Keep it short:

Step 2: Wait 30 days

The OAIC considers 30 days a reasonable time to respond. If they ignore you or the response is poor, move on.

Step 3: Check for another scheme

Some complaints go to an external dispute resolution (EDR) scheme first:

SectorWhere it goes
Banks and financial servicesAFCA
TelecommunicationsTelco EDR scheme
Some electricity, gas and waterEnergy and water ombudsman
Victorian public transport, some tollingRelevant scheme

Step 4: Lodge with the OAIC

Include:

You can nominate a representative, such as a lawyer, and you can withdraw at any time without penalty.

Data breach grounds

You can complain if:

What happens next

The OAIC reviews it and may decline or investigate. It’s not a fast process, so keep copies of everything.

Other options

For serious invasions of privacy, you can now also go to court under the statutory privacy tort. That needs legal advice.

Not sure which companies hold your data? A free exposure check shows the breaches your email is in.

Frequently Asked Questions

Do I have to complain to the company before the OAIC?

Yes. The OAIC says you first need to complain to the organisation or agency.

How long should I wait for a response?

The OAIC considers 30 days a reasonable period.

Can I complain to the OAIC by phone?

No. Complaints must be in writing, online, by email or by post.

Where do bank privacy complaints go?

Usually to the Australian Financial Complaints Authority (AFCA) first.

Sources

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