43 Making access application

(1) An individual who wishes to be given access to a document of an agency or a document of a Minister under this Act to the extent it contains the individual's personal information may apply to the agency or Minister for access to the document.

Notes—
1 Minister is defined to include an Assistant Minister —see schedule 5.
2 Section 45 provides for access applications by parents for children and section 196 clarifies the powers of those acting for others.
3 For an application made for a person, the person (and not the agent) is the applicant—see schedule 5, definition applicant.

(2) The access application must—

(a) be in the approved form; and

(b) give sufficient information concerning the document to enable a responsible officer of the agency or the Minister to identify the document; and

(c) state an address to which notices under this Act may be sent to the applicant.

(3) Also, the applicant must provide with the application or within 10 business days after making the application—

(a) evidence of identity for the applicant; and

(b) if an agent is acting for the applicant—evidence of the agent's authorisation and evidence of identity for the agent.

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 45, evidence the agent is the child's parent

(4) In this section—

evidence of identity means the evidence of identity prescribed under a regulation.