New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 60

60 The giving of access

(1) The person required to give access to a State record under this Act is the Authority if the record is under the Authority’s control or the public office that has the record under its control. That person is referred to in this Part as the "access provider".

(2) A person who is entitled to be given access to a State record under this Act is entitled to be given that access in any of the following ways:

(a) by being given a reasonable opportunity to inspect the record,

(b) by being provided with a copy of the record,

(c) in the case of a record from which information can be produced or made available by means of equipment (such as a computer or projector), by being provided with access to that information by the use of that equipment,

(d) in the case of a record of words in the form of a sound recording or in the form of a record in shorthand or other encoded material, by being provided with a written transcript of the words recorded.

(3) A person is entitled to choose the way in which the person is to be given access but the access provider may decide to give access in some other way if of the opinion that access in the way chosen by the person:

(a) is not reasonably practicable because the access provider cannot readily access any equipment necessary to give access in the way chosen, or

(b) would interfere unreasonably with the operations of the access provider, or

(c) would not be appropriate, having regard to the physical nature of the record, or

(d) would be detrimental to the proper preservation of the record, or

(e) would involve an infringement of copyright, other than copyright owned by the State, the Commonwealth, another State or a Territory.

(4) The access provider may determine reasonable conditions to which access to a record is to be subject for the purpose of ensuring the safe custody and proper preservation of the record.

(5) The access provider is entitled to charge a fee for giving access to a record under this Part.