31FGiving access to accessible executive records—release

31F Giving access to accessible executive records—release restraint determination (1) This section applies if— (a) the principal officer receives a request from a person under section 31D for access to an accessible executive record; and (b) either— (i) the principal officer has decided, or decides, to make a release restraint determination about the record (see section 31G (Release delayed or denied)); or (ii) a release restraint determination about the record is in force.

Executive records—access and release Part 3A Section 31F R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If a release restraint determination about the record is in force, the principal officer must, without charge— (a) for any part of the record to which the determination does not apply—give the person a copy of the part as soon as practicable, but not later than 30 working days, after the day the officer receives the request; and (b) for any part of the record to which the determination applies— (i) if the request is made before the later release day for the part—refuse the request; or (ii) if the request is made on or after the later release day for the part—give the person a copy of the part as soon as practicable, but not later than 30 working days, after the day the officer receives the request. (3) However, the principal officer must refuse a request for a copy of a part of a record if— (a) a release restraint determination is in force determining the part to contain protected private information; and (b) the determination provides that the part is not to be released at all. (4) Despite subsections (2) (b) (i) and (3), the principal officer must give a person a copy of a part of the record as soon as practicable, but not later than 30 working days, after the day the officer receives the request if— (a) a release restraint determination is in force determining the part to contain protected private information; and (b) either— (i) the protected private information relates only to that person; or

Part 3A Executive records—access and release Section 31FA page 26 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) if the person to whom the information relates is dead—the person requesting the copy is the dead person’s legal personal representative. Example If the protected private information relates to a number of people, and is made jointly by all those people, or by a person with the authority of all those people, s (4) (b) would apply to allow the request to be granted. (5) If the principal officer has made a release restraint determination about the record that is in force, the principal officer must (whether the principal officer gives the person a copy of any part of the record), as soon as practicable, but not later than 30 working days, after the day the officer receives the request, give the person— (a) a copy of the determination; and (b) if the determination was made after the request was received— a reviewable decision notice. 31FA Extension of time for giving access (1) This section applies if, under section 31E or section 31F, the principal officer must give a person a copy of an accessible executive record, or part of a record, not later than a stated period after the day the officer receives the request (the release period). (2) The release period for the request is extended by the following: (a) any period agreed between the principal officer and the person making the request; (b) any period decided by the principal officer under section 31FAA; (c) any period decided by the ombudsman under section 31FAB. (3) Also, if the release period includes 1 or more Christmas shutdown days, the release period is extended by the number of Christmas shutdown days.