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47.85 Regulatory theorists suggest that a critical part of ensuring compliance with a regulatory regime is to monitor and enforce implementation of the regime by the regulated entities.[121] The Commissioner’s functions in monitoring compliance with the Privacy Act include: conducting audits and examining records; receiving, investigating and resolving privacy complaints; enforcing the Act through determinations, injunctions and federal court proceedings; and determining that certain acts or practices will not be taken to breach the Act where there is a substantial public interest in so doing.
47.86 The Commissioner’s complaint-handling and enforcement powers are discussed in Chapters 49 and 50. This part of the chapter focuses on the Commissioner’s auditing functions, including self-auditing and PIDs.
[121] C Parker, ‘Reinventing Regulation within the Corporation: Compliance Oriented Regulatory Innovation’ (2000) 32 Administration and Society 529, 535; F Cate, ‘The Failure of Fair Information Practice Principles’ in J Winn (ed) Consumer Protection in the Age of the ‘Information Economy’ (2007) 341.