New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 46

46 Notations to be added to records

(1) If an agency has refused to amend its records, the applicant may, by notice in writing lodged at an office of the agency, require the agency to add to those records a notation:

(a) specifying the respects in which the applicant claims the records to be incomplete, incorrect, out of date or misleading, and

(b) if the applicant claims the records to be incomplete or out of date-setting out such information as the applicant claims is necessary to complete the records or to bring them up to date.

(2) An agency shall comply with the requirements of a notice lodged under this section and shall cause written notice of the nature of the notation to be given to the applicant.

(3) If an agency discloses to any person (including any other agency and any Minister) any information contained in the part of its records to which a notice under this section relates, the agency:

(a) shall ensure that there is given to that person, when the information is disclosed, a statement:

(i) stating that the person to whom the information relates claims that the information is incomplete, incorrect, out of date or misleading, and

(ii) setting out particulars of the notation added to its records under this section, and

(b) may include in the statement the reason for the agency’s refusal to amend its records in accordance with the notation.

(4) Nothing in this section is intended to prevent or discourage agencies from giving particulars of a notation added to its records under this section to a person (including any other agency and any Minister) to whom information contained in those records was given before the commencement of this section.