Correction of errors
34 Correction of errors
A person who disputes the accuracy or completeness of any information compiled by a reporting agency in relation to the person or included in a prescribed report relating to the person provided by a reporting agency or trader may, by notice in writing served upon the agency or trader, object to the inaccuracy or incompleteness of the information.
Where, pursuant to subsection (1), a person disputes the accuracy or completeness of any information, the reporting agency or trader must, within a reasonable time, use its best endeavours to verify or supplement the information in accordance with good practice.
A reporting agency or trader upon whom a notice of objection is served under this section must, within 30 days after the date of service of the notice, inform the person by whom the objection was made—
whether the agency or trader has made any amendment or supplementation to or deletion from the information; and
if so, the nature of the amendment, supplementation or deletion.
Where information is altered under this section by amendment, supplementation or deletion, the following provisions apply:
where a reporting agency makes such an alteration, the agency must give notice in writing of the alteration to—
every person provided by the agency with a prescribed report based on the information within the period of 60 days before the making of the alteration; and
every person provided by the agency with such a prescribed report before the commencement of that period and nominated by the person to whom the information relates;
where a trader makes such an alteration, the trader must give notice in writing of the alteration to every person provided by the trader with a prescribed report based on the information and nominated by the person to whom the information relates.
A person by whom an objection has been made under this section may appeal to the Magistrates Court against any failure on the part of a reporting agency or trader to make any deletion from or amendment or supplementation to information.
Upon the hearing of an appeal under this section, the Magistrates Court may make such orders as it considers just.
Where an objection or appeal has been made or instituted under this section and a prescribed report is made by the reporting agency or trader before the determination by the agency or trader or by the
Magistrates Court of the matters raised in the objection or appeal, the agency or trader must include in the report a statement to the effect that those matters are subject to an objection or appeal under this Part.
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