Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 35

35. (1) Where:

   (a)  an application made under subsection 55 (1) of the Freedom of
        Information Act 1982 for review of a decision under that Act refusing
        access to a document has been finally determined or otherwise disposed
        of;

   (b)  the period within which an appeal may be made to the Federal Court has
        expired or, if such an appeal has been instituted, the appeal has been
        determined;

   (c)  the effect of the review and any appeal is that access is not to be
        given to the document;

   (d)  the applicant has requested the agency concerned to amend the
        document;

   (e)  the applicant has complained to the Commissioner under this Act about
        the refusal or failure of the agency to amend the document;

   (f)  the Commissioner has, as a result of the complaint, recommended under
        subsection 30 (3) of this Act that the agency amend the document, or
        amend a part of the document, to which the applicant has been refused
        access; and

   (g)  as at the end of 60 days after a copy of the report containing the
        recommendation was served on the agency, the Commissioner:

        (i)    still thinks that the agency should amend the document in a
               particular manner; and

        (ii)   is not satisfied that the agency has amended the document in
               that manner; the Commissioner may direct the agency to add to
               the document an appropriate notation setting out particulars of
               the amendments of the document that the Commissioner thinks
               should be made.

(2) An agency shall comply with a direction given in accordance with
subsection (1).
(3) In subsection (1), "amend", in relation to a document, means amend by
making a correction, deletion or addition.

(4) An expression used in this section and in the Freedom of Information Act
1982 has the same meaning in this section as in that Act.