New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 31

31 Documents affecting personal affairs

(1) This section applies to a document that contains information concerning the personal affairs of any person (whether living or deceased).

(2) An agency shall not give access to a document to which this section applies (otherwise than to the person concerned) unless the agency has taken such steps as are reasonably practicable to obtain the views of the person concerned as to whether or not the document is an exempt document by virtue of clause 6 of Schedule 1.

(3) If:

(a) an agency determines, after having sought the views of the person concerned, that access to a document to which this section applies is to be given, and

(b) the views of the person concerned are that the document is an exempt document by virtue of clause 6 of Schedule 1,

the agency shall:

(c) forthwith cause written notice to be given to the person concerned:

(i) that the agency has determined that access to the document is to be given, and

(ii) of the rights of review and appeal, and the rights of complaint to the Ombudsman, conferred by this Act and the Ombudsman Act 1974 in relation to the determination, and

(iii) of the procedures to be followed for the purpose of exercising those rights, and

(d) defer giving access to the document until after the expiration of the period within which an application for a review or appeal under this Act may be made or, if such an application is made, until after the application has been finally disposed of.

(4) If:

(a) an application is made to an agency for access to a document to which this section applies, and

(b) the document contains information of a medical or psychiatric nature concerning the applicant, and

(c) the agency is of the opinion that disclosure of the information to the applicant may have an adverse effect on the physical or mental health of the applicant, and

(d) the agency decides that access to the document is to be given,

it is sufficient compliance with this Act if access to the document is given to a registered medical practitioner nominated by the applicant.

(5) A reference in this section to the person concerned is, in the case of a deceased person, a reference to that person’s closest relative who is of or above the age of 18 years.