What is an amendment request?
Under section 39 of Freedom of Information Act 1982 (Vic), if a document is released to you and it contains information relating to your personal affairs, you are entitled to request a correction or amendment to that document if you believe the information in the document is:
- out of date; or
- would give a misleading impression.
Note that if an agency agrees to amend a record, the correction or amendment may take the form of altering the record or placing a notation on the original document. No correction or amendment can have the effect of deleting or expunging the information.
How to make an amendment request
An application must:
- be in writing;
- provide an address;
- specify how the information is inaccurate, incomplete, out of date or would give a misleading impression; and
- specify the amendment or correction sought.
An agency has 30 days to process your request once it has been received.
Ensuring your request is clear and specific
You should ensure your request is clear and specific as to what amendments are being requested. To do this, you should:
- identify specific parts of the document you wish to have amended; and
- provide evidence or information that shows the identified information in the document is inaccurate, incomplete, out of date or would give a misleading impression.
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- Out of date: How have the circumstances changed since that time?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?