PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 2 - Credit reporting bodies  

Subdivision F - Access to, and correction of, information  

SECTION 20R   ACCESS TO CREDIT REPORTING INFORMATION  

Access

20R(1)  
If a credit reporting body holds credit reporting information about an individual, the body must, on request by an access seeker in relation to the information, give the access seeker access to the information. Exceptions to access

20R(2)  
Despite subsection (1), the credit reporting body is not required to give the access seeker access to the credit reporting information to the extent that:


(a) giving access would be unlawful; or


(b) denying access is required or authorised by or under an Australian law or a court/tribunal order; or


(c) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body. Dealing with requests for access

20R(3)  
The credit reporting body must respond to the request within a reasonable period, but not longer than 10 days, after the request is made. Means of access

20R(4)  
If the credit reporting body gives access to the credit reporting information, the access must be given in the manner set out in the registered CR code. Access charges

20R(5)  
If a request under subsection (1) in relation to the individual has not been made to the credit reporting body in the previous 12 months, the body must not charge the access seeker for the making of the request or for giving access to the information.

20R(6)  
If subsection (5) does not apply, any charge by the credit reporting body for giving access to the information must not be excessive and must not apply to the making of the request. Refusal to give access

20R(7)  
If the credit reporting body refuses to give access to the information because of subsection (2), the body must give the access seeker a written notice that:


(a) sets out the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and


(b) states that, if the access seeker is not satisfied with the response to the request, the access seeker may:


(i) access a recognised external dispute resolution scheme of which the body is a member; or

(ii) make a complaint to the Commissioner under Part V .



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