31GRelease delayed or denied

31G Release delayed or denied (1) Before giving a copy of an accessible executive record to a person under section 31E or section 31F, the principal officer must assess whether it contains information that would, or could reasonably be expected to— (a) endanger the life or physical safety of a person; or (b) be an unreasonable limitation on a person’s rights under the Human Rights Act 2004; or (c) significantly prejudice an ongoing criminal investigation. (2) The principal officer may determine (by a release restraint determination)— (a) that any part of the record containing the information is only to be released on or after the later release day; or

Executive records—access and release Part 3A Section 31G R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for any information (protected private information) that would, or could reasonably be expected to, disclose personal information about any person (including a deceased person) and is contrary to the public interest information— (i) that the part containing the information is only to be released on or after the later release day; or (ii) that the part containing the information is not to be released at all. (3) The determination must state the reasons for making the determination. (4) Unless the determination states that the relevant part of the record is not to be released at all (see subsection (2) (b) (ii)), it— (a) may determine a day for subsection (7) (a), by stating a particular day or providing a way of working out the day; and (b) must explain how the later release day for the record is worked out under subsection (7). (5) A copy of the determination must be kept with the record. (6) The determination commences on the day it is made. (7) The later release day for a part of the record is the earliest of the following: (a) the determined day (if any) under subsection (4) (a); (b) the day 5 years after the record’s earliest release day; (c) the next Canberra Day after the end of 20 years after the record’s submission day; (d) if the determination ceases to be in force—the day it ceases to be in force.

Part 3A Executive records—access and release Section 31H page 30 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