Section 46 - Where request refused

Sections 46 and 47 give claimants the power to require an agency or Minister to add a notation to a record where the amendment request was refused. The notation sets outs why the claimant believes the information is wrong or misleading and provides up to date information where required.

A claimant may use section 46 where:

• they make a request under section 39 to an agency or Minister to amend a personal record;
• the agency or Minister refuses to amend the record under the request;
• the claimant applies to the Victorian Civil and Administrative Tribunal (VCAT) to review the agency or Minister’s decision; and
• VCAT affirms the agency or Minister’s decision to refuse the request.

After VCAT affirms the agency or Minister’s decision, the claimant may require, by notice in writing, that the agency or Minister add a notation to the record that outlines why the claimant believes the information is incomplete, inaccurate, out of date, or misleading.³

Additionally, if the information is claimed to be out of date, the notation must include information which the claimant believes will bring the information up to date or will make it complete.

Whether or not a particular record is difficult to add a notation to is not relevant for the purpose of sections 46 and 47.⁴