Section 30 of the Freedom of Information Act 1991 (FOI Act) provides that a person may apply for the amendment of an agency’s records if the –
- document contains information concerning the person’s personal affairs; and
- information is available for use by an agency in connection with its administrative functions; and
- information is, in the person’s opinion, incomplete, incorrect, out-of-date or misleading.
An application made under section 30 must:
- be in writing
- addressed to the agency that holds the record to be amended
- give the particulars of the information contained in the document that the applicant believes is incomplete, incorrect, out-of-date or misleading
- specify the amendments to be made.
Section 32 of the FOI Act states that an application for amendment must be dealt with by an Accredited FOI Officer within 30 calendar days.
If an agency fails to determine an application within 30 days it is deemed that the agency has refused to amend the record.
No fees or charges are applicable.
A determination under section 30 is subject to review.
Amendment application determinations
Section 34 of the FOI Act provides that an agency must determine an application for amendment by either:
- amending its records in accordance with the application or
- refusing to amend its records.
An agency that determines to amend a document by inserting or deleting content in accordance with the application does not attract a penalty under the State Records Act 1997 as it is considered that the agency has the proper authority to do so under the FOI Act.
In making partial amendments, section 36 of the FOI Act requires the agency to make clear in its written determination:
- which amendments were made and
- provide reasons for those changes not made.
Section 35 of the FOI Act provides that an agency may refuse to amend its records if the:
- agency is satisfied that its records are not incomplete, incorrect, out-of-date or misleading in a material respect; or
- agency is satisfied that the application contains matter that is incorrect or misleading in a material respect; or
- procedures for amending its records are prescribed under another Act, whether or not the amendment is subject to a fee or charge.
Written notice must be provided to the applicant where an agency refuses to amend its records.
Written notice must also be provided to the applicant if agency does not hold the record in question.
Under section 37 of the FOI Act where an agency refuses to amend its records, the applicant may, in writing, require the agency to add to the records a notation specifying:
- why the applicant claims the records are incomplete, incorrect, out-of-date or misleading, and
- any further information necessary to complete or update the records.
An agency must comply with a written notice from the applicant to add a notation.
When the agency discloses the record to others in the future, it must ensure a statement is given stating that the person to whom the information relates claims that the information is incomplete, incorrect, out-of-date or misleading and include the particulars of the notation.