Information Privacy Act 2014

Access

12.1 If a public sector agency holds personal information about an individual, the agency must, on request by the individual, give the individual access to the information.

Exception to access—agency

12.2 If the public sector agency is required or authorised to refuse to give the individual access to the personal information by or under—

the Freedom of Information Act 2016; or

another law in force in the ACT that provides for access by people to documents;

then, despite TPP 12.1, the agency is not required to give access to the extent that the agency is required or authorised to refuse to give access.

Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 12, s 12.3).

Dealing with requests for access

12.4 The public sector agency must—

respond to the request for access to the personal information within 30 days after the day the request is made; and

give access to the information in the way requested by the individual, if it is reasonable and practicable to do so.

Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 12, s 12.4 (a) (ii)).

Other means of access

12.5 If the public sector agency refuses—

to give access to the personal information because of TPP 12.2; or

to give access in the way requested by the individual;

the agency must take reasonable steps to give access in a way that meets the needs of the agency and the individual.

12.6 Without limiting TPP 12.5, access may be given through the use of a mutually agreed intermediary.

Access charges

12.7 The public sector agency must not charge the individual for the making of the request or for giving access to the personal information.

Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 12, s 12.8).

Refusal to give access

12.9 If the public sector agency refuses to give access to the personal information because of TPP 12.2, or to give access in the way requested by the individual, the agency must give the individual a written notice that sets out—

the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and

the mechanisms available to complain about the refusal; and

any other matter prescribed by regulation.

Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 12, s 12.10).