FOI FACT SHEET
Requesting Amendment to an Agency’s Records
Concerning Your Personal Affairs
Under Section 31 of the South Australian
Freedom of Information Act 1991
Please read the following information prior to completing the attached application form
FREEDOM OF INFORMATION
The South Australian
Freedom of Information Act 1991 (FOI Act) gives you the right to have
documents, concerning your personal affairs, held by any ‘agency’ that the FOI Act applies
to, amended if you believe that they are incomplete, incorrect, misleading or out-of-date. An
‘agency’ includes South Australian State Government Agencies, Local Government Councils
and South Australian Universities.
Applications for amendment of an agency’s records must be made in writing in accordance
with Section 31 of the FOI Act and be lodged with the agency that holds the record, e.g. if
you are seeking to amend police records about yourself, you would lodge your application
with South Australia Police.
You can use the attached form to make an application to amend an agency’s records or the
online FOI application form a
t www.sa.gov.au/foi. Alternatively, you can send a letter or
email to the agency that holds the documents.
Requests for Amendment
You can seek an amendment to a document, that you have previously been given access to, if
the document contains information about your own personal affairs that in your opinion is
incomplete, incorrect, out-of-date or misleading.
Applications for amendment need to provide sufficient information to enable the document to
be identified and you must also specify the amendment you wish to have made.
Applications for amendment will be dealt with by the agency’s FOI Officer.
After processing your application, the agency is required to provide you with a written
determination in relation to your application. This is called a Notice of Determination. The
Notice of Determination will include the agency’s decision in relation to your request and, if
your request has been refused, the reasons why this has occurred.
How much will it cost?
Applications for amendment are free.
How long will it take?
An application for amendment to a document will be dealt with as soon as practicable or
within 30 calendar days of it being received.
If you do not receive a determination within 30 calendar days, it is suggested that you contact
the FOI Officer at the agency you lodged your application with to request an update on the
status of your application.
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What if the agency refuses?
If the agency refuses your request to amend its records you can lodge an application for
review or appeal. The agency will advise you of your rights to review or appeal.
Notations
If an agency refuses to amend its records, you can, in accordance with Section 37 of the Act,
require that the agency add a notation to those records. This request must be made in writing
and include the notation to be added.
A notation can specify the reasons why you believe the information about your personal
affairs is incomplete, incorrect, out-of-date or misleading and include information you believe
necessary to complete your records or bring them up-to-date.
Further Information
If you need assistance in making an amendment application, please contact the FOI Unit in
the agency that holds the record concerning your personal affairs.
Further information about freedom of information can be found on the State Records of South
Australia website
www.archives.sa.gov.au.
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FOI APPLICATION FORM
Request to Amend a Document Containing Personal Affairs Information
under Section 31 of the South Australian Freedom of Information Act 1991
Please read the attached ‘
FOI Fact Sheet – Requesting Amendment to an Agency’s Records
Concerning Personal Affairs’ before completing and lodging your application
Applicant Details
Title:
Surname:
Given Names:
Australian Postal Address:
Suburb: Post Code:
Email
(optional):
Contact numbers:
Application Details
In accordance with Section 31 of the FOI Act, I seek amendment of my personal records held
by
Name of Agency:
Please provide other relevant information that will assist with the identification of documents
e.g. date of birth, previous names, etc. Copies of any documentation that would support your
claim should be attached – please indicate which, if any, documents should be returned to
you.
I claim that the documents described below, contain information relating to my personal affairs
that is:
Please place a tick in the appropriate boxes
incomplete
incorrect
out of date
misleading
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The documents containing the information are:
The information that requires changing is:
The reasons I claim the information is incomplete, incorrect, out of date or misleading are:
The records should be amended to indicate the following:
Applicant's Signature:
Date …... / …... / 20…...
Note: If there is not enough space on this form, please attach extra pages.
OFFICE USE ONLY
Received on …... / …... / 20…...
Acknowledgment sent on …... / …... / 20.…..
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