54E Discretion to amend information

(1) An agency or Minister to whom an application is made under section 53 may decide to amend the information to which the application relates.

(2) Without limiting the grounds on which the agency or Minister may refuse to amend the information, the agency or Minister may refuse to amend the information because—

(a) the agency or Minister is not satisfied—

(i) the information is inaccurate, incomplete, out-of-date or misleading; or

(ii) the information sought to be amended is information relating to the personal affairs of the applicant or relating to the personal affairs of a deceased person; or

(iii) if the information sought to be amended is information relating to the personal affairs of a deceased person, that the applicant is a person entitled to apply for amendment under section 53(2)(b); or

(b) the information is not recorded in a functional record.

(3) 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.