Request an amendment
If a Victorian public sector agency or Minister holds personal information about you that you believe is inaccurate, incomplete, out of date, or is misleading, you can ask them to correct or amend it.
You can also make an amendment request if you are the next of kin of a deceased person and you are seeking an amendment to that person’s personal information.
The agency or Minister can’t delete information or destroy the document.
This page explains how to make a request for the correction or amendment of personal information in documents held by an agency or Minister under the Freedom of Information Act 1982 (Vic) (FOI Act).
Watch this video:
Step 1 – Make an amendment request
Read about what to do before making an amendment request and how to make an amendment request.
What should I do before I request an amendment?
Before making a formal amendment request, you should see if there is another way to update your information.
For example, an agency or Minister might have a self-service platform on their website or a form you can complete and send to them to update your information.
You should contact the agency or Minister who holds the document you would like amended to see what options they have available.
This may be a simpler and quicker process than making an amendment request.
If there is no other way to amend your information, you can make an amendment request under the FOI Act.
When can I request an amendment?
You can make a request for a document to be amended if:
- a document was released to you (it does not have to have been released to you under the FOI Act);
- the document has your personal information or the personal information of a deceased person, where you are that person’s next of kin; and
- you believe the personal information is inaccurate, incomplete, out of date, or it would give a misleading impression.
How do I make an amendment request?
Your amendment request must:
- be made in writing to the agency or Minister that holds the information you want amended;
- provide an address (this is where the agency or Minister will send the decision on your request);
- explain how the information is inaccurate, incomplete, out of date, or would give a misleading impression; and
- outline the specific correction or amendment you are seeking.
You can make an amendment request by downloading and completing our form.
Send the form directly to the agency or Minister that has the documents you want amended. You can find contact information for agencies and Ministers here.
How can I make sure my request is clear and specific?
You should make sure you are clear and specific about what kind of amendments you would like the agency or Minister to make and why.
To do this, you should:
- identify the specific parts of the document or specific information you would like the agency or Minister to amend;
- identify how you would like the agency or Minister to amend the document (for example, add a note to the document); and
- provide evidence or information that shows why these parts or information are inaccurate, incomplete, out of date or would give a misleading impression.
You should also consider the following questions:
- Inaccurate: Why is the information untrue or incorrect?
- Incomplete: What specific information is missing?
- Out of date: How have the circumstances changed since that time?
- Misleading impression: Who would be misled and why?
What does inaccurate, incomplete, out of date, or misleading mean?
You can ask an agency or Minister to amend information that you believe is inaccurate, incomplete, out of date, or misleading.
These terms can mean:
- inaccurate – information may be inaccurate if it is factually incorrect about you, such as your date of birth, residence or educational qualification;
- incomplete – information may be incomplete if it is lacking in parts, or it has missing information;
- out of date – information may be out of date where new information has come out that makes the original information no longer current (however, just because information is old does not mean it is out of date); or
- would give a misleading impression – information that would give a misleading impression is information that is likely to cause someone reading it to reach a wrong conclusion. The information does not necessarily have to be untrue.
What kind of amendments can I ask for?
If an agency or Minister agrees to amend your personal information in a record, they can correct or amend the document by altering the information or placing a notation on the original document.
Altering the information can mean:
- putting a line through the incorrect information;
- adding information next to the incorrect information.
Adding a notation to a document can be adding:
- a hard copy covering note to a file;
- an electronic note to a case management system; or
- a warning flag in an electronic system.
The purpose of a notation is to identify the information that you believe is wrong or out of date, outline how the information is wrong, and add information that helps to make the document complete, correct, up to date, or no longer misleading.
The agency or Minister can’t delete information or destroy the document.
Will I have to pay any fees to make an amendment request?
There are no application fees for amendment requests.
Step 2 – The agency processes your request
Learn what happens after you make an amendment request, how long it takes, and what you can expect.
What happens after I make an amendment request?
After you make an amendment request, the agency or Minister will make sure you’ve provided all the information they need to process it.
If anything is missing, they will contact you for more information.
If they have everything they need, they will consider your request and decide whether to correct or amend the document as you’ve requested.
How long will it take for my request to be processed?
An agency or Minister must provide you with a decision within 30 days after receiving your request.
If you do not receive a decision after 30 days, you can make a complaint to us about the delay. Before you complain to us, we encourage you to contact the agency or Minister to discuss the reason for the delay and how long it will take to receive a decision.
If an agency or Minister doesn’t give you a decision on time, they are considered to have refused to make the amendment that you requested. This means that you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review, instead of waiting for a decision from the agency or Minister.
If you’re not sure what to do, contact us and we can discuss your options with you.
Step 3 – The agency makes a decision
Read about what happens when the agency or Minister makes a decision.
What happens when the agency or Minister makes a decision?
When the agency or Minister has finished processing your request, they will send you a written decision.
The decision will tell you whether the agency or Minister has agreed to make the amendment you requested.
If the agency or Minister decides not to make the amendment, the decision will explain the agency or Minister’s reasons for making that decision and give you information about what you can do next.
If the agency or Minister agrees to amend a document, the amendment may be done by altering the document or adding a notation to it.
The amendment will not delete the inaccurate, incorrect, out of date, or misleading information or destroy the document.
See Step 1 for more information on the kind of amendments that an agency or Minister can make.
Step 4 – When you can apply to us for a review
Learn about what you can do if you don’t agree with the agency or Minister’s decision.
When can I apply for a review of the agency or Minister’s decision?
If the agency or Minister decides not to correct or amend your personal information, you can apply to us for an independent review of the decision.
You can find information about FOI reviews and how to apply for one here.
