Application to omit (s.40), correct or change (s.42) information
Contents
Application to Omit Information (Section 40)
In an application under section 40, an individual may, by application to the administrator, request that some or all of the publicly accessible information about the individual (see section 8 for which information this includes) in LOTR be omitted.
An application to omit information may only be made if the transparency report containing the information to be omitted has been filed.
To make this application, the individual must believe that making the information publicly accessible could reasonably be expected to threaten their safety or mental or physical health, or that of a member of their household. Once an application has been received, the Administrator must promptly omit the information requested from public search while the application is under review.
The Administrator may request further information or documents from the applicant to support the application. If the Administrator asks an applicant to provide further information to support the application and the applicant fails to provide the information within the time specified, the Administrator is required under the Act to stop omitting the information.
Under section 41, the Administrator may cease omitting some or all of the information that the applicant has requested to be omitted if the Administrator is satisfied that making some or all of the information publicly accessible could not reasonably be expected to threaten the applicant’s safety or mental or physical health, or that of a member of their household. In these circumstances, the Administrator will notify the applicant of this decision and will stop omitting the information until at least 30 days after giving notice.
For step-by-step instructions on how to file an Application to Omit, please refer to LTSA account help.
Application to Correct or Change Information (Section 42)
Under section 42, a person other than a person who is a reporting body may, by application to the administrator, request that corrections or changes be made to a filed transparency report only after
- the person has made a written request to the reporting body to file a new transparency report under section 17 to correct or change the information,
- the reporting body has not filed a new transparency report with the correct information within three months
Who may apply
- an interest holder or settlor may apply to correct or change information about them or itself,
- a former reporting body may apply to correct or change information about the reporting body or about an interest holder or settlor of the reporting body.
An application to correct information must be submitted through an LTSA account by an individual or a legal professional. Visit LTSA account help to learn how to submit an application under Section 42.
Section 42 does not apply to a current reporting body who must file a new transparency report under section 17 of LOTA to correct or change information in a previous report.