Section 42 - Notation on record
Extract of legislation
| 42 | Notation on record | |
| Where an agency or Minister amends a record by adding a notation to the record, the notation shall— | ||
| (a) | specify the respects in which the information is incomplete, incorrect, out of date or misleading; and | |
| (b) | in a case where the information is claimed to be out of date—set out such information as is required to bring the information up to date. | |
If an agency or Minister decides to amend a record by adding a notation to it, the agency or Minister must:
- outline how the information is incomplete, incorrect, out of date, or misleading; and
- where the information is claimed to be out of date, outline sufficient information to bring the information up to date.2
The level of detail will depend on the type of amendment requested by the claimant. However, the notation should:
- clearly identify the information that is being amended by notation; and
- provide sufficient information to make the record complete, correct, up to date, or no longer misleading.
For example, a notation might include adding:
- a hard copy covering note to a file;
- an electronic note to a case management system;
- a warning flag in an electronic system.
Example
In Smeaton v Victorian WorkCover Authority [2009] VCAT 1977,4 the Victorian Civil and Administrative Tribunal (VCAT) ordered that the notations to the Applicant’s decision file be made by adding a covering note to the file with reference to the VCAT proceeding and by adding a bundle of documents which shows there is disagreement about the file.
VCAT considered adding a notation in this way would not interfere with the integrity of the decision file because:
- the added documents will sit in the same file as the original documents;
- a reader will understand there is disagreement about the documents and will be able to understand both points of view.
VCAT’s notation order
VCAT ordered the notations be made by:
- attaching to the inside front cover of a decision file, a bundle of documents on red or pink paper with a covering note which says:
“This bundle of documents has been placed on claim file No 09 992 50790 by order of VCAT dated 24 September 2009 in proceeding No G 71/2009 brought by [the Applicants] and should be read prior to further review of this file.”
The bundle of documents were:
- a notice under section 39;
- a letter from the insurer to the Applicants advising that their claim is rejected;
- a sworn statement by a psychiatrist involved in the matter, for use in the VCAT proceedings; and
attach a letter from the insurer to the Applicants, which was annotated by the Applicants to correct what they say are inaccuracies in the letter.
- Freedom of Information Act 1982 (Vic), section 42.
- Freedom of Information Act 1982 (Vic), section 42.
- Smeaton v Victorian WorkCover Authority [2009] VCAT 1977 at [31].
- Smeaton v Victorian WorkCover Authority [2009] VCAT 1977 at [31].
