# What happens if I can't make it to a meeting with the privacy regulator?

- Jurisdiction: Australia
- Practice area: Privacy & Data Protection
- Published: 2026-10-30
- Last updated: 2026-10-30
- Canonical: https://lawasked.com/au/privacy-law/happens-if-i-can-t-make-meeting-privacy

## Question

I am currently living in Melbourne, Victoria, and I am feeling quite overwhelmed by a situation involving my former employer. About three weeks ago, on the 14th of October, I received an official letter via registered post stating that I am required to attend a formal meeting with the Privacy Commissioner to give a statement regarding some data mishandling I witnessed. The letter says the meeting is scheduled for next Tuesday at 10:00 am. I have already tried calling their office twice to ask if I could just submit my notes via email instead to save time, but the receptionist told me that I must attend in person and be sworn in before I can speak. The problem is that I have a massive project due at my new job that week, and I am also dealing with some personal health issues that make travelling into the city quite difficult. I am terrified that if I don't show up or if I try to tell them something that isn't 100% perfect because I am stressed, I might end up in serious trouble or even face jail time. Can I legally skip this meeting if I have a good reason, and what are the actual risks if I provide information that I think is slightly inaccurate due to my memory?

## Summary

It depends on whether your health issues and work commitments qualify as a 'reasonable excuse.' If they do not, failing to attend the meeting or refusing to be sworn in can lead to imprisonment or fines.

## Analysis

Under the Privacy Act 1988, you have a legal obligation to attend the meeting scheduled for next Tuesday. The law states that a person shall not "refuse or fail to attend before the Commissioner; or (b) refuse or fail to be sworn or make an affirmation; when so required under this Act" [1]. This means you are legally required to show up and take an oath (a formal promise to tell the truth) before you can give your statement. If you fail to do this, you could face a penalty of "Imprisonment for 12 months or 20 penalty units, or both" [1].

However, you are not automatically in trouble if you have a valid reason. The law provides an exception where "Subsection (1) does not apply if the person has a reasonable excuse" [1]. Whether your massive work project or your personal health issues count as a 'reasonable excuse' is not explicitly defined in the provided sections, so it is uncertain if the Commissioner will accept them. 

Regarding your fear about memory lapses, you must be careful. You are prohibited from providing information that you know is false. Specifically, a person shall not "furnish information or make a statement to the Commissioner knowing that it is false or misleading in a material particular" [1]. This means if you intentionally lie, you could face up to 12 months in jail. However, if you are simply struggling to remember details accurately due to stress, this is different from 'knowing' the information is false. The law targets intentional dishonesty rather than honest mistakes in memory.

State, provincial, or local laws may add further rules regarding health or employment protections.

## Statutory citations

- Privacy Act 1988, Section 65 - Failure to attend etc. before Commissioner [in force] (https://www.legislation.gov.au/C2004A03712/latest/text)
  > A person shall not: (a) refuse or fail to attend before the Commissioner; or (b) refuse or fail to be sworn or make an affirmation; when so required under this Act. Penalty: Imprisonment for 12 months or 20 penalty units, or both. (2) Subsection (1) does not apply if the person has a reasonable excuse.
- Privacy Act 1988, Section 65 - Failure to attend etc. before Commissioner [in force] (https://www.legislation.gov.au/C2004A03712/latest/text)
  > A person shall not furnish information or make a statement to the Commissioner knowing that it is false or misleading in a material particular. Penalty for a contravention of this subsection: Imprisonment for 12 months or 20 penalty units, or both.

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