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INFORMATION PRIVACY ACT 2009 - SECT 44
Making amendment application
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incomplete, out of date or misleading.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inaccurate, incomplete, out of date or misleading; and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which the applicant claims the information to be inaccurate, incomplete, out
of date or misleading and the grounds for the applicant’s claim; and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to be incomplete or out of date—state the other information the applicant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.
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