Powers of Tribunal—limitation on amending records
58AA Powers of Tribunal—limitation on amending records
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:
the opinion was based on a mistake of fact;
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.
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:
the record is a record of a decision, under an enactment, by a court, tribunal, authority or person;
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.
37 Before section 58B
Insert:
38 Subsection 58B(1)
Omit “the review of a decision”, substitute “review in relation to a decision”.
39 Section 58D
After “of the majority”, insert:
; and (c) in a case where 3 of those members are Deputy Presidents—be decided according to the opinion of the majority.
40 Sections 58F, 59 and 59A
Repeal the sections.
41 Section 60
Repeal the section, substitute:
This Act’s bill:Explanatory memorandumSecond reading speech
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