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Registers can be amended
Certain people can apply to the Food Authority to amend the information on the Register of penalty notices and the Register of offences (prosecutions) by:
- adding information to the register where a business is sold or disposed of after the offence was allegedly committed
- correcting an error or omission, or
- removing information where the Food Authority accepts it is appropriate.
The people who may apply to have a change made are:
- someone who is listed on the register or to whom information relates, or
- someone who owns or has an interest in a business listed on the register.
The Food Authority may itself add to, correct or remove information from the registers if it is appropriate to do so.
Explanatory guidelines for the changes allowed, reasons for a change and processes are available in How to apply to change a register (pdf, 174KB).
Full details are set out in Part 10A of the Food Act.
Applications
To apply for a change to be made:
- read How to apply to change a register (pdf, 213KB)
- complete the Apply to change a penalty notice or offence register online form
- remember to include all supporting documents
- pay the prescribed application fee of $55 online
- submit the application form.
Once your application and payment have been received, the Food Authority will assess details provided by you and may reduce or waive this fee if deemed appropriate. The Food Authority will acknowledge all applications in writing.
Reviews
If the Authority refuses an application to change information on a register, a further review can be requested, undertaken by the NSW Civil and Administrative Tribunal (NCAT), which replaces the former Administrative Decisions Tribunal or ADT.
Requests must be made to the NCATwithin 28 days after receiving the Authority's refusal.
The process, application form and fee for requesting this review are available from the Tribunal or by telephone on 1300 006 228.