Harmful Digital Communications Act 2015

8 Functions and powers of Approved Agency


The functions of the Approved Agency are—


to receive and assess complaints about harm caused to individuals by digital communications:


to investigate complaints:


to use advice, negotiation, mediation, and persuasion (as appropriate) to resolve complaints:


to establish and maintain relationships with domestic and foreign service providers, online content hosts, and agencies (as appropriate) to achieve the purpose of this Act:


to provide education and advice on policies for online safety and conduct on the Internet:


to perform the other functions conferred on it by or under this Act, including functions prescribed by Order in Council made under section 7.


The Agency may, subject to any other enactment, seek and receive any information that the Agency considers will assist it in the performance of its functions.


The Agency may refuse to investigate, or cease investigating, any complaint if the Agency considers that—


the complaint is trivial, frivolous, or vexatious; or


the subject matter or nature of the complaint is unlikely to cause harm to any individual; or


the subject matter or nature of the complaint does not contravene the communication principles.


The Agency may decide not to take any further action on a complaint if, in the course of assessing or investigating the complaint, it appears to the Agency that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.


If the Agency decides not to take any further action on a complaint, it must notify the complainant of the right to apply to the District Court for an order under this Act.