Document ID: chunk:federal_register_of_legislation:C2012C00866:clause:4_89d
Version: federal_register_of_legislation:C2012C00866
Segment Type: clause
Provision Reference: sch 4 cl 89D
Character Range: 176924–178216

89D  Information Commissioner investigations—limitation on amending records

Scope
 (1) This section applies to the following documents:
 (a) a notice to a complainant under section 86 (notice on completion);
 (b) a report to the FOI Minister under subsection 89A(3) (failure to take action).

Restrictions on amendments
 (2) The Information Commissioner may, in the document, recommend that an amendment be made to a record that relates to a record of an opinion only if he or she is satisfied of either (or both) of the following:
 (a) the opinion was based on a mistake of fact;
 (b) the author of the opinion was biased, unqualified to form the opinion or acted improperly in conducting the factual inquiries that led to the formation of the opinion.
 (3) The Information Commissioner must not, in the document, recommend that an amendment be made to a record if he or she is satisfied of either of the following:
 (a) the record is a record of a decision, under an enactment, by a court, tribunal, authority or person;
 (b) the decision whether to amend the record involves the determination of a question that the person seeking amendment of the record is, or has been, entitled to have determined by the agency (on internal review), the Information Commissioner, a court or tribunal.