QLDIn ForceAct
Public Records Act 2023
sec.41Forms of access
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### sec.41 Forms of access
Access to a public record may be given to a person—
by allowing the person a reasonable opportunity to inspect the record; or
by giving the person a copy of the record; or
if subsection (2) , (3) or (4) applies to the record—by the form of access stated in the subsection.
Access may be given by making arrangements for the person to hear the sounds or view the images or writings if the public record is something from which sounds or visual images or writings are capable of being reproduced.
Access may be given by giving the person a written transcript of the words recorded or contained in the public record if the record is something—
by which words are recorded in a way in which the words are capable of being reproduced in the form of sound; or
in which words are contained in the form of shorthand writing or in a codified form.
Access may be given by giving the person a written document containing information if—
the public record is not a written record; and
the archivist or the responsible public authority is able to create a written document containing the information using equipment usually available to the archivist or authority for retrieving or collating electronically stored information.
If the person asks for access to the public record in a particular and reasonably practical way, access must be given in that way.
However, access to the public record may be given in another way decided by the archivist if the archivist considers giving access to the record in the way requested by the person—
would interfere unreasonably with the operations of the archives or the responsible public authority; or
would be detrimental to the preservation of the record; or
would be inappropriate, having regard to the nature of the record; or
would involve an infringement of copyright of a person other than the State.
The archivist may—
impose reasonable conditions on accessing a public record; and
if access is given by way of a copy or transcript of a public record—impose a reasonable charge for the copy or transcript.
This section does not prevent the archivist giving a person access to a public record in another form agreed to by the person.
(sec.41-ssec.1) Access to a public record may be given to a person— by allowing the person a reasonable opportunity to inspect the record; or by giving the person a copy of the record; or if subsection (2) , (3) or (4) applies to the record—by the form of access stated in the subsection.
(sec.41-ssec.2) Access may be given by making arrangements for the person to hear the sounds or view the images or writings if the public record is something from which sounds or visual images or writings are capable of being reproduced.
(sec.41-ssec.3) Access may be given by giving the person a written transcript of the words recorded or contained in the public record if the record is something— by which words are recorded in a way in which the words are capable of being reproduced in the form of sound; or in which words are contained in the form of shorthand writing or in a codified form.
(sec.41-ssec.4) Access may be given by giving the person a written document containing information if— the public record is not a written record; and the archivist or the responsible public authority is able to create a written document containing the information using equipment usually available to the archivist or authority for retrieving or collating electronically stored information.
(sec.41-ssec.5) If the person asks for access to the public record in a particular and reasonably practical way, access must be given in that way.
(sec.41-ssec.6) However, access to the public record may be given in another way decided by the archivist if the archivist considers giving access to the record in the way requested by the person— would interfere unreasonably with the operations of the archives or the responsible public authority; or would be detrimental to the preservation of the record; or would be inappropriate, having regard to the nature of the record; or would involve an infringement of copyright of a person other than the State.
(sec.41-ssec.7) The archivist may— impose reasonable conditions on accessing a public record; and if access is given by way of a copy or transcript of a public record—impose a reasonable charge for the copy or transcript.
(sec.41-ssec.8) This section does not prevent the archivist giving a person access to a public record in another form agreed to by the person.
- (a) by allowing the person a reasonable opportunity to inspect the record; or
- (b) by giving the person a copy of the record; or
- (c) if subsection (2) , (3) or (4) applies to the record—by the form of access stated in the subsection.
- (a) by which words are recorded in a way in which the words are capable of being reproduced in the form of sound; or
- (b) in which words are contained in the form of shorthand writing or in a codified form.
- (a) the public record is not a written record; and
- (b) the archivist or the responsible public authority is able to create a written document containing the information using equipment usually available to the archivist or authority for retrieving or collating electronically stored information.
- (a) would interfere unreasonably with the operations of the archives or the responsible public authority; or
- (b) would be detrimental to the preservation of the record; or
- (c) would be inappropriate, having regard to the nature of the record; or
- (d) would involve an infringement of copyright of a person other than the State.
- (a) impose reasonable conditions on accessing a public record; and
- (b) if access is given by way of a copy or transcript of a public record—impose a reasonable charge for the copy or transcript.