If the Agency continues to ask for further information, a prospective participant may consider:

  • Asking for clarification
  • Looking closer at the criteria to be applied
  • Reconsidering what is relevant to the decision

As many aspects of a prospective participant’s life could potentially be relevant to a determination about whether a person meets the access criteria, it may be difficult to establish that requests extend beyond what the Agency is empowered to collect. If, however requests  from the Agency are felt to be particularly invasive or onerous, or concern unconnected, irrelevant information, prospective participants may wish to argue that certain information is not “reasonably necessary for deciding whether or not the prospective participant meets the access criteria”. [Section s26].