12Requests for copies of, or access to, records of Royal Commissions during interim access period

12 Requests for copies of, or access to, records of Royal Commissions during interim access period

Requesting copies of records given to Royal Commission (1) For the purposes of paragraphs 9(2)(c) and (d) of the Act, if: (a) a person or body requests a copy of a Royal Commission record of a listed Royal Commission, or a Royal Commission to which section 10 applies, or access to such a record; and (b) the request is made during the interim access period for the Royal Commission; circumstances in which the custodian of the record may give the person or body a copy of, or access to, the record are that: (c) free access to the record is not publicly available (for example, by being published on a website); and (d) the requesting person or body: (i) gave the Royal Commission the record, or information or matter that the record contains or that can be obtained from it; or (ii) in the case of a record of a private session of a Royal Commission to which Part 4 of the Act applies—appeared at the private session; or (iii) is an authorised representative of a person or body to whom subparagraph (i) or (ii) applies; and (e) the custodian is reasonably satisfied of the identity of the requesting person or body, and (for a representative) that the representative’s authorisation is genuine and currently effective; and (f) in the case of a record to which section 13 applies—the request is not made on behalf of a State or Territory, or a Department of State or agency of a State or Territory. Access to records for law enforcement purposes (2) For the purposes of paragraphs 9(2)(c) and (d) of the Act, circumstances in which the custodian of a Royal Commission record of a listed Royal Commission, or a Royal Commission to which section 10 applies, may give a copy of the record to a person or body during the interim‑access period for the Royal Commission, or allow a person or body access to the record during that period, are that: (a) free access to the record is not publicly available (for example, by being published on a website); and (b) the person or body performs a function relating to law enforcement purposes; and (c) a copy of, or access to, the record is requested for those purposes; and (d) in the case of a record of a Royal Commission to which Part 4 of the Act applies—the record does not: (i) contain information or a matter, or enable information or a matter to be obtained, that was given or obtained at a private session under section 6OB of the Act, unless the information or matter is included under section 6OJ of the Act in a report or recommendation of the Royal Commission; or (ii) identify a natural person, or enable a natural person to be identified, as a person who appeared at any private session under section 6OB of the Act; or (iii) contain information mentioned in subsection (3), unless the information is included under section 6OJ of the Act in a report or recommendation of the Royal Commission. (3) For the purposes of subparagraph (2)(d)(iii), the information is the following: (a) information that was given by a natural person to a member, or member of the staff, of the Royal Commission for the purposes of a private session under section 6OB of the Act (whether or not a private session was held for the Commission) and identifies the person who gave the information; (b) information to which section 6ON, 6OP or 6OQ of the Act applies.