Bankruptcy Regulations 1996

PART 13 - NATIONAL PERSONAL INSOLVENCY INDEX  

Division 2 - Information to be entered on the Index  

REGULATION 13.04   APPLICATION FOR CERTAIN INFORMATION NOT TO BE ON THE INDEX  

13.04(1)    
Subject to subregulation (4), a person who is a debtor or bankrupt may apply in writing to the Inspector-General for information in respect of the person:

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

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

Note:

Under subregulation (4), an application cannot be made for the removal of information in respect of a person's name or date of birth.

13.04(2)    
The application must specify the ground relied and contain, or have with it, 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.

13.04(3)    
The Inspector-General must, without delay:

(a) decide an 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, if aggrieved by the decision, to apply under regulation 13.05 to the Administrative Appeals Tribunal for review of the decision.

13.04(4)    
An application or a decision must not be made under this regulation to remove from the Index any of the following items of information in respect of a person:

(a) the person's name;

(b) the person's date of birth.