Freedom of Information Act 1991

Access to a document may be given to a person—

by giving the person a reasonable opportunity to inspect the document;

by giving the person a copy of the document; or

in the case of a document from which sounds or visual images are capable of being reproduced, whether or not with the aid of some other device—by making arrangements for the person to hear or view those sounds or visual images; or

in the case of a document in which words are recorded in a manner in which they are capable of being reproduced in the form of sound—by giving the person a written transcript of the words recorded in the document; or

in the case of a document in which words are contained in the form of shorthand writing or in encoded form—by giving the person a written transcript of the words contained in the document; or

in the case of a document in which words are recorded in a manner in which they are capable of being reproduced in the form of a written document—by giving the person a written document so reproduced.

If an applicant has requested that access to a document be given in a particular way, access to the document must be given in that way unless giving access as requested—

would unreasonably divert the resources of the agency (or, if the document is in the custody of State Records, the resources of State Records) from their use for other official purposes; or

would be detrimental to the preservation of the document or (having regard to the physical nature of the document) would otherwise not be appropriate; or

would involve an infringement of copyright in matter contained in the document, in which case access may be given in some other way.

If a document is in the custody of State Records, the determination as to the way in which access is given to the document must be made by or jointly with the Manager of State Records.

If an applicant has requested that access to a document be given in a particular way and access is given in some other way, the applicant is not required to pay a charge in respect of the giving of access that is greater than the charge that the applicant would have been required to pay had access been given as requested.

Subject to subsection (2a), this section does not prevent an agency from giving access to a document in any way agreed on between the agency and the person to whom access is to be given.

An agency may refuse to give access to a document if a charge payable in respect of the application, or giving access to the document, has not been paid.