Access to be unconditional
73 Access to be unconditional
An agency is not entitled to impose any conditions on the use or disclosure of information when the agency provides access to the information in response to an access application.
A condition may be imposed as to how a right of access may be exercised (such as a condition that prevents an applicant making notes from or taking a copy of a record that is made available for inspection) but only to avoid there being an overriding public interest against disclosure of the information.
A condition may be imposed that access to medical or psychiatric information will only be provided to a medical practitioner nominated by the applicant and not to the applicant personally.
Note.
Access can also be made conditional on the payment of processing charges (s 64) and on the provision of evidence of identity or other personal factors relevant to the agency’s decision to provide access (s 55).
This Act’s bill:Explanatory memorandumSecond reading speech
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