Document ID: chunk:federal_register_of_legislation:F2024L01251:clause:2_20:p4
Version: federal_register_of_legislation:F2024L01251
Segment Type: clause
Provision Reference: sch 2 cl 20 (pt 4/6)
Character Range: 111476–114453

regard to:
 (a) the burden on the individual of providing the evidence;
 (b) the availability of other information which could be used to determine whether the information needs to be corrected; and
 (c) information which is likely to be needed for consultation with other providers and bodies under subsection (4).
 (11) When a credit provider or credit reporting body is consulted on a correction request of the kind described in subsection (9), the provider or body must, before seeking additional evidence to determine whether one or more pieces of information should be corrected, have regard to:
 (a) the information the individual who made the request provided along with that request;
 (b) the burden on the individual of providing any additional evidence;
 (c) the availability of other information which could be used to determine whether any credit-related personal information needs to be corrected; and
 (d) views (if any) formed by the provider or body who received the request about whether a fraud (including identity fraud) event has occurred.

Correcting credit information – information that exists due to circumstances beyond the individual's control
 (12) If an individual makes a correction request on the basis that credit information of the kind specified in subsection (13) only exists because of unavoidable consequences of circumstances beyond the individual's control, such as natural disaster, domestic abuse, or bank error in processing a direct debit or fraud, the credit provider or credit reporting body that receives that request must:
 (a) consider whether the relevant information is inaccurate, out-of-date, incomplete, irrelevant or misleading, having regard to the purpose for which the information is held; and
 (b) if the correction request is made to a credit reporting body or a credit provider other than the provider that disclosed the information to a body, consult with the provider that disclosed the information for the purposes of the considerations in paragraph (a); and
 (c) if the body or provider is satisfied that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, having regard to the purpose for which the information is held, agree to correct the information.
 (13) For the purposes of subsection (12), individuals may request correction of the following kinds of information on the basis that the information only exists due to unavoidable consequences of circumstances beyond the individual's control:
 (a) default information;
 (b) payment information;
 (c) new arrangement information of the kind described in subsection 6S(1) of the Act;
 (d) repayment history information, where the monthly payment obligations that gave rise to the repayment history information have been complied with or varied; and
 (e) financial hardship information.

Corrections of default information for statute-barred debts
 (14) On request by an individual, a credit reporting body must correct the credit