New South Wales Consolidated Acts

GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 49

49 Amendment of application

(1) An access application may be amended by the applicant at any time before the agency decides the application. Notice of the amendment must be received by the agency before the agency decides the application.

(2) An amendment to reduce the scope of the information applied for does not require the consent of the agency but any other amendment cannot be made without the consent of the agency.

Note: A decision by an agency to refuse to consent to an amendment is not a reviewable decision (but a fresh access application can be made).

(3) The agency must give notice to the applicant confirming the amendment of an access application and the date on which it was amended if the amendment requires the consent of the agency or the amendment was not made by the applicant in writing.

(4) An amendment to reduce the scope of the information applied for does not prevent the agency from imposing a processing charge in respect of time spent before the amendment is made in dealing with any aspect of the access application that the amendment makes unnecessary.

(5) The amendment of an access application does not affect the period within which the application is required to be decided and does not entitle the applicant to a refund or reduction of any application fee or advance deposit already paid.

Note: The period within which an application is required to be decided can be extended by agreement between the agency and applicant.