INFORMATION PRIVACY ACT 2009 - SECT 43
Making access application
INFORMATION PRIVACY ACT 2009 - SECT 43
Making access application
43 Making access application
(1) An individual who wishes to be given access to a document of an agency or
a document of a Minister under this Act to the extent it contains the
individual’s personal information may apply to the agency or Minister for
access to the document. Notes— 1
"Minister" is defined to include an Assistant Minister—see schedule 5 .
2
Section 45 provides for access applications by parents for children and
section 196 clarifies the powers of those acting for others.
3 For an
application made for a person, the person (and not the agent) is the
applicant—see schedule 5 , definition applicant.
(2) The access
application must— (a) be in the approved form; and
(b) give sufficient
information concerning the document to enable a responsible officer of the
agency or the Minister to identify the document; and
(c) state an address to
which notices under this Act may be sent to the applicant.
(3) Also, the
applicant must provide with the application or within 10 business days after
making the application— (a) evidence of identity for the applicant; and
(b)
if an agent is acting for the applicant—evidence of the agent’s
authorisation and evidence of identity for the agent. Examples of an agent’s
authorisation— • the will or court order appointing the agent to act as
the applicant’s guardian
• the client agreement authorising a legal
practitioner to act for an applicant
• if the application is made in
reliance on section 45 , evidence the agent is the child’s parent
(4) In
this section—
"evidence of identity" means the evidence of identity prescribed under a
regulation.
