6Access to records relating to Aboriginal persons and Torres Strait Islanders—the Act, s 14(5)

6 Access to records relating to Aboriginal persons and Torres Strait Islanders—the Act, s 14(5)

6 Access to records relating to Aboriginal persons and Torres Strait Islanders—the Act, s 14(5)

(1) A person who is entitled under the Act, section 14(2) to have access to records relating to the placement of an Aboriginal or Torres Strait Islander child or young person may request access to the records.

(2) The request—

(a) must be made to the Secretary, and

(b) may be oral or written, and

(c) must be accompanied by proof of the applicant’s identity.

(3) The Secretary may give access to the records in the following ways—

(a) by making the records available for inspection,

(b) by providing a copy of the records.

(4) The Secretary must give access to the records within 20 business days after receiving a request.

(5) If it is not reasonably practicable to give access within 20 business days, the Secretary must, before 20 business days have passed—

(a) explain to the applicant the reason access to the records cannot be given within 20 business days, and

(b) extend the period in which the records must be provided by up to 10 business days.

(6) More than 1 extension may be made under subsection (5)(b) with the total of all extensions for a particular request being a maximum of 15 business days.

(7) The period in which records must be provided may also be extended more than once by agreement with the applicant.

(8) (Repealed)

Note—

Other legislation also governs access to records, including the following—

(a) the Act, section 29,

(b) the Health Records and Information Privacy Act 2002,

(c) the Privacy and Personal Information Protection Act 1998.

s 6: Am 2025 No 48, Sch 3.1.