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Amendment of personal records

A person can apply for information about personal affairs, which is in a State government agency's record, to be amended where it is incomplete, incorrect, out-of-date or misleading [Freedom of Information Act 1991 (SA) s 30].

The application must be in writing, lodged at the agency with an address in Australia for the agency to communicate with, specify that it is made under the Freedom of Information Act 1991 (SA), and contain enough information to enable the agency to identify the document and amend it accordingly [see further s 31].

The agency may refuse to amend the document if:

  • it is satisfied that the record is not incomplete, out-of-date or misleading; or
  • it believes the application contains matter that is incorrect or misleading in a material way; or
  • procedures for amendment of the record.

    [Freedom of Information Act 1991 (SA) s 35].

The agency must advise the applicant in writing of a refusal to amend the document and of the right to appeal [s 36]. If an agency has refused to amend a record, an applicant can require the agency to place a notation on the record [ s 37].

Amendment of personal records  :  Last Revised: Mon Oct 20th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.