Australian Capital Territory Consolidated Acts

EXECUTIVE DOCUMENTS RELEASE ACT 2001 - SECT 7

    (1)     On request by a person, the chief executive must, without charge, give the person a copy of an accessible executive document as soon as practicable after receiving the request, unless—

        (a)     the chief executive has decided, or decides, to make a release restraint determination about the document (see section 8 (Release delayed or denied)); and

        (b)     the release restraint determination is in force.

    (2)     If a release restraint determination about the document is in force, the chief executive must, without charge—

        (a)     for any part of the document to which the determination does not apply—give the person a copy of the part as soon as practicable after receiving the request; and

        (b)     for any part of the document 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 after receiving the request.

    (3)     However, the chief executive must refuse a request for a copy of a part of a document 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 chief executive must give a person a copy of a part of the document as soon as practicable after receiving 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 to that person, and that person only; or

              (ii)     if the person to which 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, subsection (4) (b) would apply to allow the request to be granted.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (5)     If the chief executive has made a release restraint determination about the document that is in force, the chief executive must (whether or not the chief executive gives the person a copy of any part of the document), as soon as practicable after receiving the request, give the person—

        (a)     a copy of the determination; and

        (b)     if the determination was made after the request was received—a copy of the notice about the determination mentioned in section 6 (3).