(1) If the agency
decides to amend the information it may make the amendment by —
(a)
altering information; or
(b)
striking out or deleting information; or
(c)
inserting information; or
(d)
inserting a note in relation to information,
or in 2 or more of
those ways.
(2) If the agency
inserts a note in relation to information the note has to —
(a) give
details of the matters in relation to which the information is inaccurate,
incomplete, out of date or misleading; and
(b) if
the information is incomplete or out of date — set out whatever
information is needed to complete the information or bring it up to date.
(3) The agency is not
to amend information under subsection (1) in a manner that —
(a)
obliterates or removes the information; or
(b)
results in the destruction of a document containing the information,
unless the
Commissioner has certified in writing that it is impracticable to retain the
information or that, in the opinion of the Commissioner, the prejudice or
disadvantage that the continued existence of the information would cause to
the person outweighs the public interest in maintaining a complete record of
information.
(4) Before information
is amended under subsection (1) in a manner that —
(a)
obliterates or removes the information; or
(b)
results in the destruction of a document containing the information,
and that contravenes
the State Records Act 2000 , a record keeping plan made under that Act or the
archives keeping plan made under that Act, the Commissioner shall provide the
State Records Commission with a copy of the certificate issued by the
Commissioner under subsection (3).
[Section 48 amended: No. 53 of 2000 s. 9.]