Skip to Content
From Monday 12 September 2020, OVIC's website will no longer be supported in Internet Explorer (IE).
We recommend installing Microsoft Edge, Google Chrome, Safari, Firefox, or Opera to visit the site.

Section 40 - Form of request for amendment of record

Guidelines

Requirements for making a valid amendment request

1.1

Section 40 outlines how to make a valid request to amend records under section 39.

1.2

Under section 40, a request for amendment must:

  • be made in writing;
  • specify an address for a notice under section 43 to be sent; and
  • provide information explaining:
    • why the claimant believes the document is incomplete, incorrect, out of date or misleading; and
    • what amendments the claimant would like the agency or Minister to make.
1.3

Before accepting and processing a request for an amendment, the agency or Minister should carefully consider the terms of the request to ensure the claimant has:

  • specifically identified the information to be amended;
  • provided an explanation, or evidence, to support the amendment; and
  • specifically noted in their request the amendments to be made to the record.
1.4

There are no fees or charges associated with amendment requests made under section 39.

The onus for establishing a case for amendment is on the claimant

1.5

The onus for establishing a case for amendment is on the claimant. This means the claimant must provide evidence to demonstrate how the information is inaccurate, incomplete, out of date or would give a misleading impression.1

1.6

If the request does not contain an explanation or evidence to support the amendment, the agency or Minister should ask the claimant to provide an explanation and supporting evidence. However, evidence from the claimant may not be required where other records of the agency or Minister contain sufficient evidence to support the request.

1.7

The following prompts may be helpful when requesting more information:

  • Incorrect: why is the information untrue or inaccurate?
  • Incomplete: what specific information is missing?
  • Out of date: how have the circumstances changed since that time?
  • Misleading: how would the information give a misleading impression and who would be misled and how?
  • What evidence can the claimant provide which supports their amendment request? For example:
    • a document from a third party;
    • a written account of the claimant’s version of events;
    • a witness statement.
1.8

Depending on how many amendments the claimant is seeking, or how complex the amendment request is, it may be useful for an agency or Minister to provide a claimant with a table or similar tool to help the claimant outline what amendments they are seeking and why.

Example of a table

No. Date of document Document name Page Information Why is it incorrect? What should the amendment state? Evidence to support the amendment
Example DD/MM/YYYY Doctor’s report 2 Paragraph 3 states that my address is XYZ ·      Incorrect

·      Incomplete

·      Out of date

·      Misleading

My correct address is ABC. Driver’s licence 

Case example of evidence to support an amendment request

1.9

Once the claimant has provided evidence to make a prima facie case that the information in the documents in question is inaccurate, incomplete, out of date or would give a misleading impression, the agency or Minister has the burden of justifying its decision.3

  1. See Roberts v Police (Vic) [2004] VCAT 1660 at [8]. See also Connell v Department of Justice [2005] VCAT 1903 at [19] and QXD v Monash Health [2018] VCAT 997 at [21].
  2. See Roberts v Police (Vic) [2004] VCAT 1660 at [8]. See also Connell v Department of Justice [2005] VCAT 1903 at [19] and QXD v Monash Health [2018] VCAT 997 at [21].
  3. Roberts v Police (Vic) [2004] VCAT 1660 at [8]; QXD v Monash Health [2018] VCAT 997 at [22].
  4. Roberts v Police (Vic) [2004] VCAT 1660 at [8]; QXD v Monash Health [2018] VCAT 997 at [22].

Download

FOI-Guidelines-Part-V-Amendment-of-personal-records.docx

FOI-Guidelines-Part-V-Amendment-of-personal-records.docx
Size 2.34 MB

Download
FOI-Guidelines-Part-V-Amendment-of-personal-records.pdf

FOI-Guidelines-Part-V-Amendment-of-personal-records.pdf
Size 912.75 KB

Download
FOI-Guidelines-Part-V-process-overview.docx

FOI-Guidelines-Part-V-process-overview.docx
Size 263.21 KB

Download

Contents

Back to Index

Details

Last updated 20 October 2023

Back to top
Back to Top