Thanks for the question.
As we noted earlier, it's somewhat difficult to give a point estimate or even a range estimate, frankly, on how much activity such a tribunal would see. There are a number of factors to consider. The commissioner would have significant new powers but also significant new opportunities to navigate through an individual case by taking a mediation approach or a compliance agreement approach. If the commissioner, for example, were to work through a case and find that making orders was sufficient, the case wouldn't necessarily need to go to the tribunal at all. It's difficult to give an estimate of exactly how many cases would be taken up.
We can look back and say, from memory, that there were about 46 cases between 2003 and 2024 that went to court on the basis of the Privacy Commissioner's finding, but that's a different set of circumstances, one where the commissioner does not have the ability to levy or recommend administrative monetary penalties or have order-making powers. We are talking about a completely new approach to providing the commissioner with significant enforcement powers. How much activity that would generate for the tribunal is difficult to say, but we are very confident in presenting the committee with the idea that it would be more efficient to have a tribunal in place, which would be more rapid and expert in its work.