XJS and Department of Child Safety

Application number:
2004 F0698
Decision date:
Monday, May 15, 2006

XJS and Department of Child Safety
(2004 F0698 15 May 2006)

s.53 - Amendment

The applicant sought various amendments (including the destruction of documents) to information held by the Department of Child Safety regarding the welfare of the applicant's son, under s.53 of the FOI Act. 

Applying the principles of Doelle and Legal Aid Office (Qld) (1993) 1 QAR 207, AC Henry found that the word 'amend' cannot mean either 'deletion' or 'destruction' of a document in the context of Part 4 of the FOI Act.  Further, AC Henry found that much of the matter in issue did not concern the applicant's personal affairs and where the matter in issue did concern the applicant's personal affairs, the evidence did not establish that it was inaccurate, incomplete, out-of-date or misleading.  AC Henry therefore affirmed the respondent's deemed decision refusing to amend the matter in issue under s.53 of the FOI Act.