Queensland Consolidated Acts

RIGHT TO INFORMATION ACT 2009 - SECT 68

68 Forms of access

(1) Access to a document may be given to a person in 1 or more of the following forms—

(a) a reasonable opportunity to inspect the document;

(b) providing a copy of the document;

(c) if the document is an article or material from which sounds or visual images are capable of being reproduced—making arrangements for the person to hear the sounds or view the images;

(d) if the document is one—

(i) by which words are recorded in a way in which they are capable of being reproduced in the form of sound; or

(ii) in which words are contained in the form of shorthand writing or in codified form;

providing a written transcript of the words recorded or contained in the document;

(e) if—

(i) the application relates to information that is not contained in a written document in the possession, or under the control, of the agency; and

(ii) the agency could create a written document containing the information using equipment that is usually available to it for retrieving or collating stored information;

providing a written document created using the equipment.

(2) For subsection (1) (a) and (b) , the reference to the document includes a reference to a copy of the document from which information has been deleted under sections 73 to 75 .

(3) Subject to this section and sections 73 to 75 , if an applicant has requested access in a particular form, access must be given in that form.

(4) If giving access in the form requested by the applicant—

(a) would interfere unreasonably with the operations of the agency, or the performance by the Minister of the Minister’s functions; or

(b) would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would be inappropriate; or

(c) would involve an infringement of the copyright of a person other than the State;

access in that form may be refused and given in another form.

(5) If an applicant is given access to a document in a form different to the form of access requested by the applicant, the applicant must not be required to pay a charge that is more than the charge that would have been payable if access had been given in the form requested by the applicant.

(6) Access under subsection (1) (a) to a document to which section 181 or 182 applies must be given by affording the applicant a reasonable opportunity to inspect the document on the premises of the Queensland State Archives or public library or in an office of an agency.

(7) If a document is more than 25 years old or in the custody of the Queensland State Archives, the State Archivist may direct that access not be given in 1 or more, but not all, of the forms mentioned in subsection (1) if, in the State Archivist’s opinion, giving access in that form would be detrimental to the document’s preservation or, having regard to the physical nature of the document, would be inappropriate.

(8) This section does not prevent an agency or Minister giving access to a document in another form agreed to by the applicant.