28Declaration applying provisions of FOI Act

28 Declaration applying provisions of FOI Act (1) The director may, on application by an agency, declare a record of the agency to be a record to which the FOI Act, part 5 (Access applications) applies. (2) The director may make the declaration only if— (a) the disclosure of the record would, or could reasonably be expected to— (i) endanger the life or physical safety of a person; or (ii) prejudice law enforcement; or

Agency records—access Part 3 Section 29 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) unreasonably disclose information about any person (including a deceased person); or (iv) be a contempt of court or the Legislative Assembly; or (b) the record is subject to legal professional privilege. (3) Unless sooner revoked, a declaration is in force for— (a) 10 years after the day it is made; or (b) if a shorter period is stated in the declaration—the stated period. (4) A declaration can be made more than once for a record. (5) While a declaration about a record is in force, a person is not entitled to access to the record under this Act. Note A record to which a declaration applies may be accessed under the FOI Act. 29 Giving access to records under this Act (1) If a person is entitled to access under this Act to a record of an agency, the person is entitled to be given access to the record by being given— (a) a reasonable opportunity to inspect the record; or (b) a copy of the record; or (c) if the record is a record from which information may be produced or made available by electronic or other means— access to the information by use of that means; or (d) if the record is a record of words in a sound recording, or in shorthand or other encoded material—a written transcript of the words.