Part 4Amendment of records

Part 4—Amendment of records 30—Right to apply for amendment of agencies' records A person to whom access to an agency's documents has been given may apply for the amendment of the agency's records if— (a) the document contains information concerning the person's personal affairs; and (b) the information is available for use by the agency in connection with its administrative functions; and (c) the information is, in the person's opinion, incomplete, incorrect, out-of-date or misleading. 31—Applications for amendment of agencies' records An application for the amendment of an agency's records— (b) must specify that it is made under this Act; and (c) must contain such information as is reasonably necessary to enable the agency's document to which the applicant has been given access to be identified; and (d) must specify the respects in which the applicant claims the information contained in the document to be incomplete, incorrect, out-of-date or misleading; and (e) if the applicant claims that the information contained in the document is incomplete or out-of-date—must be accompanied by such information as is necessary to complete the agency's records or to bring them up-to-date; and (f) must specify an address in Australia to which notices under this Act should be sent; and (g) must be lodged at an office of the agency. 32—Persons by whom applications to be dealt with etc (1) An application will be dealt with on behalf of an agency by an accredited FOI officer of the agency. (2) An application must be dealt with as soon as practicable (and, in any case, within 30 days) after it is received. 33—Incomplete applications An agency must not refuse to accept an application merely because the application does not contain sufficient information to enable the agency's document to which the applicant has been given access to be identified without first taking such steps as are reasonably practicable to assist the applicant to provide such information. 34—Determination of applications (1) An agency must determine an application— (a) by amending its records in accordance with the application; or (b) by refusing to amend its records. (2) An agency that fails to determine an application within 30 days after the application is received by the agency is, for the purposes of this Act, to be taken to have determined the application by refusing to amend its records in accordance with the application. 35—Refusal to amend records An agency may refuse to amend its records in accordance with an application— (a) if it is satisfied that its records are not incomplete, incorrect, out-of-date or misleading in a material respect; or (b) if it is satisfied that the application contains matter that is incorrect or misleading in a material respect; or (c) if the procedures for amending its records are prescribed by or under the provisions of a legislative instrument other than this Act, whether or not amendment of those records is subject to a fee or charge. 36—Notices of determination (1) An agency must give written notice to the applicant— (a) of its determination of his or her application; or (b) if the application relates to records that are not held by the agency—of the fact that the agency does not hold such records. (2) Such a notice must specify— (a) the day on which the determination was made; and (b) if the determination is to the effect that amendment of the agency's records is refused— (i) the name and designation of the officer by whom the determination was made; and (ii) the reasons for the refusal; and (iii) the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based; and (iv) the rights of review conferred by this Act in relation to the determination; and (v) the procedures to be followed for the purpose of exercising those rights. (3) An agency is not required to include in a notice any matter if its inclusion in the notice would result in the notice being an exempt document. 37—Notations to be added to records (1) If an agency has refused to amend its records, the applicant may, by notice in writing lodged at an office of the agency, require the agency to add to those records a notation— (a) specifying the respects in which the applicant claims the records to be incomplete, incorrect, out-of-date or misleading; and (b) if the applicant claims the records to be incomplete or out-of-date—setting out such information as the applicant claims is necessary to complete the records or to bring them up-to-date. (2) An agency must comply with the requirements of a notice lodged under this section and must cause written notice of the nature of the notation to be given to the applicant. (3) If an agency discloses to any person (including any other agency) any information contained in the part of its records to which a notice under this section relates, the agency— (a) must ensure that, when the information is disclosed, a statement is given to that person— (i) stating that the person to whom the information relates claims that the information is incomplete, incorrect, out-of-date or misleading; and (ii) setting out particulars of the notation added to its records under this section; and (b) may include in the statement the reason for the agency's refusal to amend its records in accordance with the notation. (4) Nothing in this section is intended to prevent or discourage agencies from giving particulars of a notation added to its records under this section to a person (including any other agency and any Minister) to whom information contained in those records was given before the commencement of this section. Division 2—Internal review 38—Internal review (1) Subject to subsection (5), a person who is aggrieved by a determination made by an agency under Division 1 is entitled to a review of the determination. (2) An application for review of a determination— (b) must be addressed to the principal officer of the agency; and (c) must specify an address in Australia to which notices under this Act should be sent; and (d) must be lodged at an office of the agency within 30 days after the day on which notice of the determination was given to the applicant or within such further time as the principal officer of the agency may allow. (3) On an application for review under this section, the agency may confirm, vary or reverse the determination under review. (4) An agency that fails to determine an application made under this section within 14 days after it is received by the agency is, for the purposes of this Act, to be taken to have confirmed the determination in respect of which review is sought. (5) A determination is not subject to review under this section if it is made by or at the direction of the principal officer of the agency or at the direction of a person or body to which the principal officer is responsible.