QLDIn ForceAct
Right to Information Act 2009
sec.78SGrounds on which amendment may be refused
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### sec.78S Grounds on which amendment may be refused
Without limiting the grounds on which an agency or Minister may refuse to amend a document the subject of an amendment application, the agency or Minister may refuse to amend a document because—
the agency or Minister is not satisfied—
the personal information contained in the document is inaccurate, incomplete, out of date or misleading; or
the information sought to be amended in the document is personal information of the applicant; or
if the application is purportedly made by an agent—that the agent is suitably authorised to make the application; or
the document does not form part of a functional record.
In this section—
functional record , of an agency or Minister, means a record available for use in the day-to-day or ordinary performance of the agency’s or Minister’s functions.
s 78S ins 2023 No. 32 s 105
(sec.78S-ssec.1) Without limiting the grounds on which an agency or Minister may refuse to amend a document the subject of an amendment application, the agency or Minister may refuse to amend a document because— the agency or Minister is not satisfied— the personal information contained in the document is inaccurate, incomplete, out of date or misleading; or the information sought to be amended in the document is personal information of the applicant; or if the application is purportedly made by an agent—that the agent is suitably authorised to make the application; or the document does not form part of a functional record.
(sec.78S-ssec.2) In this section— functional record , of an agency or Minister, means a record available for use in the day-to-day or ordinary performance of the agency’s or Minister’s functions.
- (a) the agency or Minister is not satisfied— (i) the personal information contained in the document is inaccurate, incomplete, out of date or misleading; or (ii) the information sought to be amended in the document is personal information of the applicant; or (iii) if the application is purportedly made by an agent—that the agent is suitably authorised to make the application; or
- (i) the personal information contained in the document is inaccurate, incomplete, out of date or misleading; or
- (ii) the information sought to be amended in the document is personal information of the applicant; or
- (iii) if the application is purportedly made by an agent—that the agent is suitably authorised to make the application; or
- (b) the document does not form part of a functional record.
- (i) the personal information contained in the document is inaccurate, incomplete, out of date or misleading; or
- (ii) the information sought to be amended in the document is personal information of the applicant; or
- (iii) if the application is purportedly made by an agent—that the agent is suitably authorised to make the application; or