All people have the right to access documents containing personal information about themselves and if necessary to ask that the information be amended or that an explanation be attached to the record if:
- the document contains information that is incomplete, incorrect, out of date or misleading; and
- the document has been used, is being used, or is available for use by the agency or Minister for an administrative purpose.
See Freedom of Information Act 1982 (Cth) s 48.
Agencies must consult with individuals before releasing documents containing personal information about them to another person [s 27A], except where no reasonable objection could be made. If the agency decides to release the documents those consulted may ask that the matter be reviewed internally [s 54] and may also appeal to the Information Commissioner to oppose release [s 54M].
Office of the Australian Information Commissioner (OAIC)
Phone: 1300 363 992
The OAIC website has a factsheet regarding Your Review Rights and seeking review by the Information Commissioner.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.