In a case in which the Privacy Commissioner is recommending an administrative monetary penalty, it would not be a de novo consideration by the tribunal. It would be about taking the facts of the case and identifying the right level of administrative monetary penalty.
There is another point that I think is really important to understand here procedurally, which is that the Privacy Commissioner could go through the process and develop, for example, an order to say, “I'm asking this company to cease and desist this behaviour,” or, “I'm asking them to adjust their privacy management plan to change the governance structure.”
If there were an appeal of that decision, the tribunal would hear that appeal, and again, it would not be hearing it as a de novo proceeding. They would have to give deference to the findings of the commissioner. It would not be relitigating the entirety of the findings or the investigation but reviewing it in a more narrow approach, as compared to if there were not a tribunal and the Federal Court had to take it on. It would be a different proceeding.