FREEDOM OF INFORMATION ACT 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 3 - Powers of Tribunal  

SECTION 58AA   Powers of Tribunal - limitation on amending records  

58AA(1)  
The Tribunal may, in a decision on an application to the Tribunal under section 57A , make a decision that requires, or that has the effect of requiring, that an amendment be made to a record that relates to a record of an opinion only if the Tribunal 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.

58AA(2)  
The Tribunal must not, in a decision on an application under section 57A , make a decision that requires, or that has the effect of requiring, that an amendment be made to a record if it 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.

58AA(3)  
In this section:

enactment
includes a Norfolk Island enactment.




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