44 Making amendment application

(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the individual's personal information contained in the document that the individual claims is inaccurate, incomplete, out of date or misleading.

Notes—
1 Minister is defined to include an Assistant Minister—see schedule 5.
2 Section 45 provides for amendment applications by parents for children and section 196 clarifies the powers of those acting for others.

(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.

(3) Without limiting how an agent may be authorised for this section in relation to an applicant who is deceased, an agent may include—

(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.

(4) The amendment application must—

(a) be in the approved form; and

(b) provide 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; and

(d) state the information the applicant claims is inaccurate, incomplete, out of date or misleading; and

(e) state the way in which the applicant claims the information to be inaccurate, incomplete, out of date or misleading and the grounds for the applicant's claim; and

(f) 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

(g) if the applicant claims the information to be incomplete or out of date—state the other information the applicant claims is necessary to complete the information or to bring it up to date.

(5) 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

(6) In this section—

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