South Australian Consolidated Acts South Australian Consolidated Acts (1) A person who
disputes the accuracy or completeness of any information compiled by a
reporting agency in relation to the person or included in a prescribed report
relating to the person provided by a reporting agency or trader may, by notice
in writing served upon the agency or trader, object to the inaccuracy or
incompleteness of the information.
(2) Where, pursuant to
subsection (1), a person disputes the accuracy or completeness of any
information, the reporting agency or trader must, within a reasonable time,
use its best endeavours to verify or supplement the information in accordance
with good practice.
(3) A reporting agency
or trader upon whom a notice of objection is served under this section must,
within 30 days after the date of service of the notice, inform the person by
whom the objection was made—
(a)
whether the agency or trader has made any amendment or supplementation to or
deletion from the information; and
(b) if
so, the nature of the amendment, supplementation or deletion.
(4) Where information
is altered under this section by amendment, supplementation or deletion, the
following provisions apply:
(a)
where a reporting agency makes such an alteration, the agency must give notice
in writing of the alteration to—
(i)
every person provided by the agency with a
prescribed report based on the information within the period of 60 days before
the making of the alteration; and
(ii)
every person provided by the agency with such a
prescribed report before the commencement of that period and nominated by the
person to whom the information relates;
(b)
where a trader makes such an alteration, the trader must give notice in
writing of the alteration to every person provided by the trader with a
prescribed report based on the information and nominated by the person to whom
the information relates.
(5) A person by whom
an objection has been made under this section may appeal to the
Magistrates Court against any failure on the part of a reporting agency or
trader to make any deletion from or amendment or supplementation to
information.
(6) Upon the hearing
of an appeal under this section, the Magistrates Court may make such orders as
it considers just.
(7) Where an objection
or appeal has been made or instituted under this section and a
prescribed report is made by the reporting agency or trader before the
determination by the agency or trader or by the Magistrates Court of the
matters raised in the objection or appeal, the agency or trader must include
in the report a statement to the effect that those matters are subject to an
objection or appeal under this Part.
(8) In this
section—
"Magistrates Court" means the Civil (Consumer and Business) Division of the
Magistrates Court.