Bankruptcy Regulations 2021

PART 13 - NATIONAL PERSONAL INSOLVENCY INDEX  

Division 3 - Information not to be entered in the Index and information to be removed from the Index  

SECTION 80   APPLICATION FOR INFORMATION TO BE REMOVED, CORRECTED OR NOT ENTERED IN THE INDEX  

80(1)    
Subject to subsection (4), a person who is a debtor or bankrupt may apply in writing to the Inspector-General for information about the person:

(a)    not to be entered in the Index, on the ground that the entry of the information would jeopardise, or be likely to jeopardise, the person ' s safety; or

(b)    in the Index to be removed on the ground that:

(i) its inclusion jeopardises, or is likely to jeopardise, the person ' s safety; or

(ii) it is inaccurate or misleading; or

(c)    in the Index to be corrected on the ground that it is inaccurate or misleading.

80(2)    
The application must specify the ground relied on and include full particulars in support of the ground.

Example:

A person may rely on a court order (such as a domestic violence order) to show that publication of the information in question would jeopardise, or be likely to jeopardise, the person ' s safety.

80(3)    
The Inspector-General must, as soon as practicable:

(a)    decide the application; and

(b)    

give notice in writing to the applicant of:

(i) the decision and the reasons for it; and

(ii) the applicant ' s right to apply under section 81 to the Administrative Appeals Tribunal for review of the decision.

80(4)    
An application cannot be made under this section to remove from, or not enter in, the Index:

(a)    a person ' s name; or

(b)    a person ' s date of birth.