Ward and Department of Corrective Services

Ward and Queensland Corrective Services
(210254, 3 March 2008)

The applicant requested that Queensland Corrective Services (QCS) amend certain information that it held about the applicant.

Section 53(1) – whether applicant is entitled to apply for amendment of information

Assistant Commissioner Henry considered that in accordance with section 53(1) of the Freedom of Information Act 1992 (FOI Act), an agency is not required to consider amendment of a document under Part 4 of the FOI Act unless the following requirements are met:

• the person seeking the amendment has previously obtained access to the document from an agency, whether under the FOI Act or otherwise
• the information which the applicant seeks to amend is information which relates to the applicant’s personal affairs
• the information which the applicant seeks to amend is claimed by the applicant to be inaccurate, incomplete, out-of-date or misleading.

In the circumstances, Assistant Commissioner Henry was satisfied that the applicant was entitled to apply to QCS for amendment of the information as:

• the applicant had previously obtained access to the documents he sought to amend
• based on the comments of the Information Commissioner in Stewart and Department of Transport (1993) 1 QAR 227 the information which the applicant sought to amend related to his personal affairs
• the applicant claimed the information was inaccurate, incomplete and/or misleading.

Section 54E – whether the information is inaccurate, incomplete, out-of-date or misleading

The applicant requested five amendments to relevant documents by way of notations and provided extensive submissions in support of his case that the information was inaccurate, incomplete and/or misleading.  

Assistant Commissioner Henry considered whether the information was inaccurate, incomplete, out-of-date or misleading and should be amended under Part 4 of the FOI Act.  After careful consideration of the relevant documents and the applicant’s submissions, Assistant Commissioner Henry decided that the information which the applicant sought to amend: