(2) The applicant may, whether or not the
applicant has applied under part 8 or 9 for review of the decision, by written
notice, require the agency or Minister to add to the personal information
included in the document a notation—
(a) stating the way the applicant
claims the information to be inaccurate, incomplete, out of date or
misleading; and
(b) if the applicant claims the information to be inaccurate
or misleading—setting out the amendments the applicant claims are necessary
for the information to be accurate or not misleading; and
(c) if the
applicant claims the information to be incomplete or out of date—setting out
the information the applicant claims is necessary to complete the information
or to bring it up to date.
(a) comply with
the requirements of a notice under this section; and
(b) give the applicant
written notice of the nature of the notation.
(4) Subsection (3) (a) does not
require the agency or Minister to make a notation using the same words as the
words provided by the applicant.
(5) If the agency or Minister decides the
information to which the notice relates is not information in relation to
which the applicant was entitled to apply to the agency or Minister for
amendment of the document—
(a) subsection (3) does not apply; and
(b) the
agency or Minister must give prescribed written notice to the applicant of the
decision.
(6) If an agency or Minister (the
"document holder" ) discloses to a person (including an agency or Minister)
any information contained in the part of the document the subject of the
amendment application, the document holder—
(a) must ensure the person is
given, when the information is disclosed, a statement—
(i) stating that the
person, or eligible family member of the person, to whom the information
relates claims that the information is inaccurate, incomplete, out of date or
misleading; and
(ii) setting out particulars of the notation added under this
section; and
(b) may include in the statement the reason for the
document holder’s refusal to amend the document.
