Territory Records Act 2002

This section applies if—

the principal officer receives a request from a person under section 31D for access to an accessible executive record; and

either—

the principal officer has decided, or decides, to make a release restraint determination about the record (see section 31G (Release delayed or denied)); or

a release restraint determination about the record is in force.

If a release restraint determination about the record is in force, the principal officer must, without charge—

for any part of the record to which the determination does not apply—give the person a copy of the part as soon as practicable, but not later than 30 working days, after the day the officer receives the request; and

for any part of the record to which the determination applies—

if the request is made before the later release day for the part—refuse the request; or

if the request is made on or after the later release day for the part—give the person a copy of the part as soon as practicable, but not later than 30 working days, after the day the officer receives the request.

However, the principal officer must refuse a request for a copy of a part of a record if—

a release restraint determination is in force determining the part to contain protected private information; and

the determination provides that the part is not to be released at all.

Despite subsections (2) (b) (i) and (3), the principal officer must give a person a copy of a part of the record as soon as practicable, but not later than 30 working days, after the day the officer receives the request if—

a release restraint determination is in force determining the part to contain protected private information; and

either—

the protected private information relates only to that person; or

if the person to whom the information relates is dead—the person requesting the copy is the dead person’s legal personal representative.

Example

If the protected private information relates to a number of people, and is made jointly by all those people, or by a person with the authority of all those people, s (4) (b) would apply to allow the request to be granted.

If the principal officer has made a release restraint determination about the record that is in force, the principal officer must (whether the principal officer gives the person a copy of any part of the record), as soon as practicable, but not later than 30 working days, after the day the officer receives the request, give the person—

a copy of the determination; and

if the determination was made after the request was received—a reviewable decision notice.