Commonwealth Consolidated Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 55M

Decision on IC review--limitation on amending records

             (1)  The Information Commissioner may, in a decision under section 55K, make a decision that requires, or has the effect of requiring, that an amendment be made to a record that relates to a record of an opinion only if he or she is satisfied of either (or both) of the following:

                     (a)  the opinion was based on a mistake of fact;

                     (b)  the author of the opinion was biased, unqualified to form the opinion or acted improperly in conducting the factual inquiries that led to the formation of the opinion.

             (2)  The Information Commissioner must not, in a decision under section 55K, make a decision that requires, or has the effect of requiring, that an amendment be made to a record if he or she is satisfied of either of the following:

                     (a)  the record is a record of a decision, under an enactment, by a court, tribunal, authority or person;

                     (b)  the decision whether to amend the record involves the determination of a question that the person seeking amendment of the record is, or has been, entitled to have determined by the agency (on internal review), the Information Commissioner, a court or tribunal.

             (3)  In this section:

"enactment" includes a Norfolk Island enactment.



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