sec.78EMaking amendment application

### sec.78E Making amendment application An individual who has had access to a document of an agency or a document of a Minister, whether or not under this Act, may apply to the agency or Minister for amendment of any part of the individual’s personal information contained in the document that the individual claims is inaccurate, incomplete, out of date or misleading. Minister is defined to include an Assistant Minister—see schedule 5 . Section 78F provides for amendment applications by parents for children and section 190 clarifies the powers of those acting for others. For subsection (1) , the reference to an individual who has had access to a document includes a reference to an individual whose agent has had access to the document. Without limiting how an agent may be authorised for this section in relation to an applicant who is deceased, an agent may include— an eligible family member of the deceased person; or a person the agency or Minister considers has an appropriate interest in the amendment of the personal information. The amendment application must— be in writing; and provide sufficient information concerning the document to enable the agency or Minister to identify the document; and state an address to which notices under this Act may be sent to the applicant; and be accompanied by— evidence of identity for the applicant; and if an agent is acting for the applicant—evidence of the agent’s authorisation; and the will or court order appointing the agent to act as the applicant’s guardian the client agreement authorising a legal practitioner to act for an applicant if the application is made in reliance on section 78F , evidence the agent is the child’s parent state the information the applicant claims is inaccurate, incomplete, out of date or misleading; and state the way in which the applicant claims the information to be inaccurate, incomplete, out of date or misleading and the grounds for the applicant’s claim; and if the applicant claims the information to be inaccurate or misleading—state the amendments the applicant claims are necessary for the information to be accurate or not misleading; and if the applicant claims the information to be incomplete or out of date—state the other information the applicant claims is necessary to complete the information or to bring it up to date. The amendment application may, but need not be, in the approved form. s 78E ins 2023 No. 32 s 105 (sec.78E-ssec.1) An individual who has had access to a document of an agency or a document of a Minister, whether or not under this Act, may apply to the agency or Minister for amendment of any part of the individual’s personal information contained in the document that the individual claims is inaccurate, incomplete, out of date or misleading. Minister is defined to include an Assistant Minister—see schedule 5 . Section 78F provides for amendment applications by parents for children and section 190 clarifies the powers of those acting for others. (sec.78E-ssec.2) For subsection (1) , the reference to an individual who has had access to a document includes a reference to an individual whose agent has had access to the document. (sec.78E-ssec.3) Without limiting how an agent may be authorised for this section in relation to an applicant who is deceased, an agent may include— an eligible family member of the deceased person; or a person the agency or Minister considers has an appropriate interest in the amendment of the personal information. (sec.78E-ssec.4) The amendment application must— be in writing; and provide sufficient information concerning the document to enable the agency or Minister to identify the document; and state an address to which notices under this Act may be sent to the applicant; and be accompanied by— evidence of identity for the applicant; and if an agent is acting for the applicant—evidence of the agent’s authorisation; and the will or court order appointing the agent to act as the applicant’s guardian the client agreement authorising a legal practitioner to act for an applicant if the application is made in reliance on section 78F , evidence the agent is the child’s parent state the information the applicant claims is inaccurate, incomplete, out of date or misleading; and state the way in which the applicant claims the information to be inaccurate, incomplete, out of date or misleading and the grounds for the applicant’s claim; and if the applicant claims the information to be inaccurate or misleading—state the amendments the applicant claims are necessary for the information to be accurate or not misleading; and if the applicant claims the information to be incomplete or out of date—state the other information the applicant claims is necessary to complete the information or to bring it up to date. (sec.78E-ssec.5) The amendment application may, but need not be, in the approved form. - 1 Minister is defined to include an Assistant Minister—see schedule 5 . - 2 Section 78F provides for amendment applications by parents for children and section 190 clarifies the powers of those acting for others. - (a) an eligible family member of the deceased person; or - (b) a person the agency or Minister considers has an appropriate interest in the amendment of the personal information. - (a) be in writing; and - (b) provide sufficient information concerning the document to enable the agency or Minister to identify the document; and - (c) state an address to which notices under this Act may be sent to the applicant; and - (d) be accompanied by— (i) evidence of identity for the applicant; and (ii) if an agent is acting for the applicant—evidence of the agent’s authorisation; and Examples of an agent’s authorisation— • the will or court order appointing the agent to act as the applicant’s guardian • the client agreement authorising a legal practitioner to act for an applicant • if the application is made in reliance on section 78F , evidence the agent is the child’s parent - (i) evidence of identity for the applicant; and - (ii) if an agent is acting for the applicant—evidence of the agent’s authorisation; and Examples of an agent’s authorisation— • the will or court order appointing the agent to act as the applicant’s guardian • the client agreement authorising a legal practitioner to act for an applicant • if the application is made in reliance on section 78F , evidence the agent is the child’s parent - • the will or court order appointing the agent to act as the applicant’s guardian - • the client agreement authorising a legal practitioner to act for an applicant - • if the application is made in reliance on section 78F , evidence the agent is the child’s parent - (e) state the information the applicant claims is inaccurate, incomplete, out of date or misleading; and - (f) state the way in which the applicant claims the information to be inaccurate, incomplete, out of date or misleading and the grounds for the applicant’s claim; and - (g) if the applicant claims the information to be inaccurate or misleading—state the amendments the applicant claims are necessary for the information to be accurate or not misleading; and - (h) if the applicant claims the information to be incomplete or out of date—state the other information the applicant claims is necessary to complete the information or to bring it up to date. - (i) evidence of identity for the applicant; and - (ii) if an agent is acting for the applicant—evidence of the agent’s authorisation; and Examples of an agent’s authorisation— • the will or court order appointing the agent to act as the applicant’s guardian • the client agreement authorising a legal practitioner to act for an applicant • if the application is made in reliance on section 78F , evidence the agent is the child’s parent - • the will or court order appointing the agent to act as the applicant’s guardian - • the client agreement authorising a legal practitioner to act for an applicant - • if the application is made in reliance on section 78F , evidence the agent is the child’s parent - • the will or court order appointing the agent to act as the applicant’s guardian - • the client agreement authorising a legal practitioner to act for an applicant - • if the application is made in reliance on section 78F , evidence the agent is the child’s parent