QLDIn ForceAct
Public Records Act 2023
sec.38Responsible public authority approving access
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### sec.38 Responsible public authority approving access
This section applies if the archivist gives notice to a responsible public authority for a restricted record asking whether an applicant may access the record.
The responsible public authority may, by notice given to the archivist—
approve the applicant accessing the restricted record; or
approve the applicant accessing the restricted record on any reasonable conditions; or
refuse the applicant access to the restricted record.
The responsible public authority must respond to the archivist within 35 days after receiving the notice or within a longer period agreed by the archivist.
If the responsible public authority refuses access, or imposes conditions on access, the authority must advise the archivist about why it has done so.
If the archivist and the responsible public authority do not agree about access to the restricted record, or whether the conditions for access are reasonable, the archivist or authority may refer the matter to the committee for resolution.
The archivist and the responsible public authority must comply with the committee’s decision about the matter.
(sec.38-ssec.1) This section applies if the archivist gives notice to a responsible public authority for a restricted record asking whether an applicant may access the record.
(sec.38-ssec.2) The responsible public authority may, by notice given to the archivist— approve the applicant accessing the restricted record; or approve the applicant accessing the restricted record on any reasonable conditions; or refuse the applicant access to the restricted record.
(sec.38-ssec.3) The responsible public authority must respond to the archivist within 35 days after receiving the notice or within a longer period agreed by the archivist.
(sec.38-ssec.4) If the responsible public authority refuses access, or imposes conditions on access, the authority must advise the archivist about why it has done so.
(sec.38-ssec.5) If the archivist and the responsible public authority do not agree about access to the restricted record, or whether the conditions for access are reasonable, the archivist or authority may refer the matter to the committee for resolution.
(sec.38-ssec.6) The archivist and the responsible public authority must comply with the committee’s decision about the matter.
- (a) approve the applicant accessing the restricted record; or
- (b) approve the applicant accessing the restricted record on any reasonable conditions; or
- (c) refuse the applicant access to the restricted record.