First, verify if it is possible to have the information amended outside the FOI process – see Freedom of Information (FOI)

The following points set out the requirements in order to make a valid application for the amendment of personal information.

• The application must be in writing.
  This can be done by letter, email or by printing and completing the Application for Amendment of Personal Information form.
• The application must give enough details to enable the document that contains the information to be identified.
  The right to request amendment of personal information relates to information that is contained in specific documents, not information at large. Applicants must provide sufficient information to allow UWA to identify the relevant document.
• The applicant must provide details of the information they consider to be inaccurate, incomplete, out of date or misleading including the reasons for holding that belief.
  The application must clearly outline how and why the applicant believes the information to be inaccurate, incomplete, out of date or misleading. Documentation may be included to support the claim.
• The application must give details of the amendment that the applicant wishes to be made.
  Information can be amended in various ways.
• The application must provide an address in Australia for correspondence, to which notices under the FOI Act can be sent.
  A telephone number and/or email address should be given in addition to a postal address, so that UWA can contact an applicant efficiently.
• The application must be lodged with UWA.
  Applications should be addressed to:
  Manager - Information Governance
  Information Governance M461
  University of Western Australia
  Perth WA 6009

If assistance is required to make an application to amend personal information, email [email protected].

Application for amendment of personal information

FOI Application for Amendment of Personal Information [184 KB DOCX]

Information can be amended by:

• altering information
• striking out or deleting information
• inserting information
• inserting a note in relation to the information
• in two or more of any of the above ways

Note that information cannot be amended in a way that obliterates the information, or destroys the document, without the approval of the Information Commissioner.

The permitted period under the Freedom of Information Act 1992 (FOI Act) for a valid amendment of personal information application is 30 calendar days.
The Information Commissioner can reduce or extend the amount of time that UWA has to deal with an application. However, these are usually negotiated between UWA and the applicant. Applicants who have a genuine need to have an application processed quickly should speak to a member of the Information Governance team.

The applicant will receive a letter confirming their request, including the ambit of application and the due date for completion by UWA. The relevant document(s) will be located and evaluated together with the assessment of the amendment application.

Once a decision has been made by UWA to amend or not to amend the document, UWA will provide a Notice of Decision to the applicant which will outline the following:

• the UWA staff member who made the decision and the date on which the decision was made
• if UWA has decided to amend the information, details of the amendment made
• if UWA has decided not to amend the information, an explanation of that decision, including their right to request a notation
• information on how to request a review of the decision

Where an application for amendment to personal information is refused by UWA, the applicant may request a notation or attachment be placed on the relevant document. The notation may include details of the information the applicant claims to be inaccurate, incomplete, out-of-date or misleading.

Where it is claimed that information is incomplete or outdated, the attachment or notation can also set out the information required to update the document.

A request for a notation or attachment will be refused if it is considered by UWA to be defamatory or unnecessarily voluminous.

A refusal of the request or part thereof will be explained in a Notice of Decision to the applicant which will include the following:

• an explanation of why UWA has refused to make the notation or attachment
• or refused to make it in the form requested
• the applicant's right to request a review of the decision

UWA cannot alter a document in a way that obliterates, removes information or results in the destruction of the document, without the approval of the Information Commissioner.

The Information Commissioner can only give approval to obliterate or remove information, or destroy a document, if:

• it is impracticable to retain the information
• in the opinion of the Commissioner, the prejudice or disadvantage caused to the applicant by the continued existence of the information outweighs the public interest in maintaining a complete record

Instances where UWA may transfer an application to amend personal information to another agency are:

• UWA does not have the document that contains the disputed information but knows that another agency does
• UWA does hold the document, but the document originated from another agency and is more closely related to the functions of that agency

UWA will notify the applicant of the transfer without delay. Also, the prescribed 30-day period to process the amendment application will still apply from the date a valid application was received despite the transfer to another agency for processing.

The FOI Act sets out two stages of review, an internal review and external review.

Internal review

An internal review is a review of the initial decision that is conducted within UWA.

What decisions can be reviewed?

An applicant can request an internal review of a decision to:

• refuse to amend information in the way requested
• refuse to make a notation or attachment in the way requested

It is not possible to request an internal review if the original decision was made by the principal officer of UWA (the Vice-Chancellor).

How to make an application for internal review

An internal review request must be made within 30 calendar days of receiving the Notice of Decision from UWA. There are no charges for requesting an internal review.

This list outlines the requirements in order to make a valid internal review request under the FOI Act.

• The request must be in writing.
  This can be done by letter or by email – there is no special form.
• The request must set out the particulars of the decision that the applicant wishes to have reviewed.
  For instance, by stating the name of the decision-maker, the date of the decision, and the matter to which the decision relates.
• The request must give an address in Australia for correspondence, to which notices under the FOI Act can be sent.
  A telephone number and/or email address should be given in addition to a postal address, so that UWA can contact an applicant efficiently.
• The request must be lodged at UWA.
  Internal review requests should be addressed to:
  Manager – Information Governance
  Information Governance M461
  University of Western Australia
  Perth WA 6009

The request can be sent by mail, or by email to [email protected].

An internal review cannot be conducted either by the person who made the original decision, or by someone subordinate to that person. The internal reviewer can confirm, vary, or reverse the original decision.

Once a request for internal review has been made, the agency must review the disputed decision within 15 calendar days. If the applicant is still aggrieved by the internal review decision, they may apply for an external review with the Information Commissioner.

If UWA does not provide a decision within 15 days, it is to be taken that the original decision is confirmed. The applicant may then request an external review by the Information Commissioner.

External review

An applicant may request an external review with the Office of the Information Commissioner if they are aggrieved by an agency's decision. The Information Commissioner will review that decision.

Generally, an external review is requested once an internal review has been completed, unless the original decision was made by the principal officer of the agency (in UWA's case, the Vice-Chancellor). The Information Commissioner may allow an applicant to request an external review if they demonstrate why an internal review should not be applied for, or, if it has been applied for, why it should not be completed.

An external review is to be lodged within 60 calendar days of receiving the Notice of the Decision.

An application for external review must:

• be in writing
• give particulars of the decision to which the complaint relates
• give an address in Australia to which notices under the FOI Act can be sent
• include a copy of the decision the person is seeking to have reviewed
• be lodged at the Office of the Information Commissioner

Further information about making a request for external review is available from the Office of the Information Commissioner.

Contact

Phone
(+61 8) 6551 7888

Country callers
Western Australia only: 1800 621 244

Email
[email protected]

Fax
(+61 8) 6551 7889

Website
https://www.oic.wa.gov.au

Office & Postal Address
Office of the Information Commissioner
Albert Facey House
469 Wellington Street
Perth WA 6000