Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
INFORMATION PRIVACY ACT 2009 - SECT 83
Forms of access
83 Forms of access
(1) Access to a document may be given to a person in 1 or more of the
following forms— (a) a reasonable opportunity to inspect the document;
(b)
providing a copy of the document;
(c) if the document is an article or
material from which sounds or visual images are capable of being
reproduced—making arrangements for the person to hear the sounds or view the
images;
(d) if the document is one— (i) by which words are recorded in a
way in which they are capable of being reproduced in the form of sound; or
(ii) in which words are contained in the form of shorthand writing or in
codified form;
providing a written transcript of the words recorded or
contained in the document;
(e) if— (i) the application relates to
information that is not contained in a written document in the possession, or
under the control, of the agency; and
(ii) the agency could create a written
document containing the information using equipment that is usually available
to it for retrieving or collating stored information;
providing a written
document created using the equipment.
(2) For subsection (1) (a) and (b) ,
the reference to the document includes a reference to a copy of the document
from which information has been deleted under sections 88 to 90 .
(3) Subject
to this section and sections 88 to 92 , if an applicant has requested access
in a particular form, access must be given in that form.
(4) If giving access
in the form requested by the applicant— (a) would interfere unreasonably
with the operations of the agency, or the performance by the Minister of the
Minister’s functions; or
(b) would be detrimental to the preservation of
the document or, having regard to the physical nature of the document, would
be inappropriate; or
(c) would involve an infringement of the copyright of a
person other than the State;
access in that form may be refused and given in
another form.
(5) If an applicant is given access to a document in a form
different to the form of access requested by the applicant, the applicant must
not be required to pay an access charge that is more than the charge that
would have been payable if access had been given in the form requested by the
applicant.
(6) Access under subsection (1) (a) to a document to which
section 190 or 191 applies must be given by affording the applicant a
reasonable opportunity to inspect the document on the premises of the
Queensland State Archives or public library or in an office of an agency.
(7)
If a document is more than 25 years old or in the custody of the Queensland
State Archives, the State Archivist may direct that access not be given in 1
or more, but not all, of the forms mentioned in subsection (1) if, in the
State Archivist’s opinion, giving access in that form would be detrimental
to the document’s preservation or, having regard to the physical nature of
the document, would be inappropriate.
(8) This section does not prevent an
agency or Minister giving access to a document in another form agreed to by
the applicant.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback