Consumer Data Right complaint form Australian Government | Consumer Data Right 1 CDR Complaint Form About this form You can use this form to submit a complaint relating to the handling of your Consumer Data Right (CDR) Data to the Office of the Australian Information Commission (OAIC). The CDR scheme is governed under Part IVD of the Competition and Consumer Act 2010 (Cth). Under the CDR scheme, the ACCC and the OAIC are co-regulators. Under s 56ET of the Competition and Consumer Act, the OAIC can accept CDR complaints from individuals and small businesses ? about the alleged mishandling of their CDR data under the privacy safeguards or CDR Rules that relate to the privacy or confidentiality of CDR data. Before you complain to us, contact the CDR entity you think has mishandled your CDR data to make a complaint. They should generally respond to your complaint in 30 days. If they don't respond to your complaint, or you're not satisfied with their response, you may lodge a complaint with the OAIC using this form. Complaints can also be submitted by: post to GPO Box 5288, Sydney NSW 2001. (send it by registered mail if you're concerned about sending it by standard post) fax on 02 6123 5145 Further information about your ability to make a CDR complaint can be found on the OAIC's website. If you would like to retreive a saved form please enter the code you recieved when you saved your form previously Retrieve form Previous Next 2 Your personal information The Office of the Australian Information Commissioner (OAIC) can investigate complaints about the handling of a consumer's CDR data. The OAIC will handle your personal information in accordance with the Australian Privacy Principles. If we inquire into or investigate your complaint, we will usually disclose the information you give us, including a copy of your complaint, to the entity you have complained about (the respondent). The ACCC and the OAIC are co-regulators for the CDR. As such, we may refer your Consumer Data Right complaint and the information you provide us about that complaint directly the ACCC. Depending on the nature of your complaint, we may decide not to investigate but rather refer the matter to the Australian Financial Complaints Authority (AFCA), or to another recognised external dispute resolution scheme (EDR Scheme). We will notify you if we refer your complaint to the ACCC or an EDR. I understand that the OAIC may need to disclose my personal information - including to the ACCC or to a recognised EDR scheme - to deal with my CDR complaint. This field is required. For further guidance on the personal information we collect and how we will handle your information, including how you can seek correction of your personal information or make a privacy complaint, please see the OAIC privacy policy. What will we do with your information? We will use the information you have provided to assess your complaint, make inquiries into or investigate your complaint, and attempt to conciliate the complaint. If the OAIC makes inquiries into or investigates your complaint we will usually disclose the information you give us, including a copy of your complaint, to the entity you have complained about (the respondent). If necessary we may also disclose your information to others for the purpose of resolving your complaint under the CDR scheme. For example, as co-regulators of the CDR we may refer your complaint and the information you provide us to the ACCC or to a recognised EDR scheme to investigate, including the AFCA. Where the OAIC refers your complaint to another entity, we will notify you of the referral. In case of a challenge to a decision by the OAIC, we may need to disclose some information to a review body, for example a court or tribunal, or legal representatives. If we think we may need to disclose your information to an overseas entity to handle your complaint, we will discuss this with you first. What information will we collect? We may need to collect further information from you in order to investigate or make inquiries into your complaint. If you do not provide this information to the OAIC, it may affect how we handle your complaint. In some circumstances, it may mean we decide not to investigate your complaint further. We will usually collect information about you from the respondent. We may also collect information about you from others if they have information relevant to your complaint. Accessing your information If you would like access to information about you that the OAIC holds, please email [email protected]. If you have any questions about how we will handle your personal information, please contact us or see our privacy policy. Documents held by the OAIC may be subject to the Freedom of Information Act 1982. Previous Save & Exit Next 3 Your Details * Mandatory I am: An individual A small business A large business A CDR Participant Proceed to next question. As a small business consumer, we will need confirmation that your annual turnover for the previous financial year did not exceed $3 million and that you have authority to represent the business in this complaint. Please attach: Evidence of turnover. This can be a BAS or IAS documents covering the previous financial year, or a Statutory Declaration; and Documentation to confirm authority to represent the business in this complaint. This form is for individuals and small business consumers. If you have a complaint that relates to the CDR, you may wish to contact the ACCC. AFCA can also accept complaints from businesses with fewer than 100 employees. If you are unsure, you can contact the OAIC's Enquiries team on 1300 363 992 This form is for individuals and small business consumers. If you have a complaint that relates to the CDR, you may wish to contact the ACCC. If you are unsure, you can contact the OAIC's Enquiries team on 1300 363 992 This complaint form is for individuals and small business consumers only. If you are a CDR participant or a large business and you have a complaint that relates to the CDR, you may wish to contact the ACCC. If you are unsure, you can contact the OAIC's Enquiries team on 1300 363 992 Previous Save & Exit Next 4 Your Complaint * Mandatory The respondent to my complaints is * Have you complained to the Respondent and allowed 30 days to receive a response? Yes No It is only in exceptional circumstances that the OAIC will investigate complaints where you have not complained to the respondent. Please explain why it is not appropriate for you to complain to the respondent* Please enter the date you complained. If you do not know the exact date, please enter an approximate date.* Please attach any electronic documents you want to submit with this form. If you do not have a copy of your complaint, please provide details of your contact with the respondent (e.g phone calls/ discussions) Please briefly explain why you remain dissatisfied with the response you received Have you taken this complaint to another dispute resolution body? Yes No Name of dispute resolution body* Notice: The OAIC may not investigate a complaint where another External Dispute Resolution Scheme is currently dealing with the matter. Please provide a brief description of your complaint to the other dispute resolution body and explain why it is or is not dealing with your complaint Would you like to add any additional respondents to your complaint? Yes No Name of additional respondents* Add another respondent Please provide details of your allegations.* It will assist us if you can explain: What happened When it happened (including dates) How and when you found out about it What information was involved Who did it (include names of individuals involved if known) The clearer your explanation is the more easily we will be able to assist you. There is no character limit in the below box Please outline what you are seeking to resolve your complaint.* The OAIC generally tries to resolve complaints through conciliation between you and the respondent. If you are seeking financial compensation, please set out what loss you have suffered and provide any information or evidence to demonstrate a link between the incident and the amount you are claiming. Previous Save & Exit Next 5 Supporting Documents * Mandatory For all complaints please attach any correspondence with the respondent about the complaint. Do you have any documents that you want to attach with this form? Yes No Files you attach must: be in *.jpg, *.gif, *.png, *.pdf, *.doc, *.docx, *.txt, *.msg, *.eml format be no more than five files in total be no larger than 20mb in total Previous Save & Exit Next 6 Complainant details * Mandatory Title: Mr Ms Mrs Miss Dr N/A Given Name* Family Name* Email* Preferred Contact method* Email Phone Post Other Email* Phone (daytime)* Mobile* Postal Address* Postcode* Other contact details* If you did not provide an email address but would like a copy of your submission receipt emailed to you, please enter your email address below. Note if you do this, a record of your email address will be retained for this purpose. Send enquiry receipt to If you have lodged a complaint or enquiry with the OAIC before, please provide your previous reference number Do you have someone you would like to represent you in this complaint?* Yes No Your Representative's details Given Name* Family Name* Your representatives preferred contact method* Email Phone Post Other Email* Phone (daytime)* Mobile* Postal Address* Postcode* Other contact details* Previous Save & Exit Next 5 Review Submission Please review the information that you have provided about your enquiry. If you would like to change anything, you can return to the relevant section by using the Back to start button. Once you submit your form, you will be provided with a confirmation email and reference number for your submission. Back to start Submit Complaint Thank you You have successfully submitted a CDR Complaint Form Your Form reference code is: To check the progress of your submission and/or confirm it has been received you should contact the Office of the Australian Information Commissioner on the below details: www.oaic.gov.au | 1300 363 992 | [email protected] GPO Box 5218, Sydney NSW 2001 Error Error! Sorry there has been an error submitting your form. Please try again later Back to start Save & exit Please enter your email address to receive your code. Cancel Save & Exit Save & exit You have saved your form. It will be saved for 30 days. After this time, if the form is not completed, the information you entered and any files you uploaded will be deleted. Your retrieval code is: 1234 This code has also been sent to the email address you provided. To retrieve your form, click the link in the email you received, or alternatively open a new form, and enter the code at the beginning of the form. 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