New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 27

27 Forms of access

(1) Access to a document may be given to a person:

(a) by giving the person a reasonable opportunity to inspect the document, or

(b) by giving the person a copy of the document, or

(c) in the case of a document from which sounds or visual images are capable of being reproduced, whether or not with the aid of some other device-by making arrangements for the person to hear or view those sounds or visual images, or

(d) in the case of a document in which words are recorded in a manner in which they are capable of being reproduced in the form of sound-by giving the person a written transcript of the words recorded in the document, or

(e) in the case of a document in which words are contained in the form of shorthand writing or in encoded form-by giving the person a written transcript of the words contained in the document, or

(f) in the case of a document in which words are recorded in a manner in which they are capable of being reproduced in the form of a written document-by giving the person a written document so reproduced.

(2) If an applicant has requested that access to a document be given in a particular form, access to the document shall be given in that form.

(3) Notwithstanding subsection (2), if the giving of access in the form requested:

(a) would unreasonably divert the agency’s resources away from their use by the agency in the exercise of its functions, or

(b) would be detrimental to the preservation of the document or (having regard to the physical nature of the document) would otherwise not be appropriate, or

(c) would involve an infringement of copyright subsisting in matter contained in the document,

access in that form may be refused but, if so refused, shall be given in another form.

(4) If an applicant has requested that access to a document be given in a particular form and access in that form is refused but given in another form, the applicant shall not be required to pay a charge in respect of the giving of access that is greater than the charge that the applicant would have been required to pay had access been given in the form requested.

(5) This section does not prevent an agency from giving access to a document in any other form agreed on between the agency and the person to whom access is to be given.

(6) An agency may refuse to give access to a document unless any charge payable in respect of dealing with the application, or giving access to the document, has been paid.