I'm not entirely convinced of the need for order-making powers. It's not something that I necessarily oppose, but I do think it raises some issues in terms of the procedural fairness of investigations, which the OPC itself has mentioned.
To me, the bottom line is necessity. I think the reason I'm not completely sold on the order-making power is that we've previously heard from the Privacy Commissioner that most of their recommendations are ultimately complied with. If that's the case, and if you have a system in which the recommendations are already being complied with, I'm not sure why you need a strengthening of the powers.
It was mentioned that recommendations are often very slow in being implemented, which is a significant problem. Some people have suggested a hybrid model, whereby the companies would need to apply to the court for permission to not comply within a particular time period. I'm not sure why a specific order-making power would solve the problem more than a hybrid model, which is I think why I'm not necessarily opposed to it but not fully convinced of the need for an order-making power either.