Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 51

51. (1) A reference in Part VI to a request shall be construed as including a
request under section 48 but, for the purposes of the application of that Part
to or in relation to a request made under that section -

   (a)  the reference in paragraph 55 (1) (a) to a decision refusing to grant
access to a document shall be read as a reference to a decision made
under this Part refusing to amend a record;
(b) paragraph 56 (1) (a) has effect as if "in accordance with section 19"
were omitted;

   (c)  paragraph 56 (1) (b) has effect as if "60 days or such other period as
        is
applicable by virtue of regulations under sub-section 19 (2)" were
omitted and "30 days" were substituted;

   (d)  the reference in sub-section 56 (1) to a decision refusing to grant
        access
to a document shall be read as a reference to a decision refusing to
amend a record;

   (e)  the reference in sub-section 56 (3) to a decision refusing to grant
        access
to a document shall be read as a reference to a decision refusing to
amend a record; and

   (f)  the reference in sub-section 56 (5) to a decision to grant, without
deferment,
access to a document shall be read as a reference to a decision
to amend a record.

(2) Where -

   (a)  an agency or Minister refuses to amend a record pursuant to a request
under section 48;

   (b)  the claimant makes an application to the Administrative Appeals
Tribunal for a review of the decision; and

   (c)  the Tribunal affirms the decision, the claimant may, by notice in
        writing, require the agency or Minister to add to the record a
        notation -

   (d)  specifying the respects in which the information is claimed by him to
        be
incomplete, incorrect, out of date or misleading; and

   (e)  in a case where the information is claimed by him to be out of date -
setting out such information as is claimed to be required to bring up to
date or complete the information.

(3) Paragraph 49 (1) (c) applies to a notice under sub-section (2) in like
manner as it applies in relation to a request under section 48.

(4) Where a notice is given to an agency or Minister under sub-section (2) -

   (a)  the agency or Minister shall ensure that a notation as required by the
notice is added to the record; and

   (b)  if any information in the part of the record to which the notation
        relates
is disclosed to a person (including another agency or Minister) by the
agency or Minister, the agency or Minister shall ensure that there is
also furnished to that person, with the document containing the
information,
a statement -

        (i)    stating that the person to whom the information relates claims
that the information is incomplete, incorrect, out of date or
misleading, as the case may be; and

        (ii)   giving particulars of the notation, and may, if the agency or
               Minister considers it appropriate to do so, include in the
               statement the reasons of the agency or Minister for not
               amending the part of the record from which the information is
               taken.