Queensland Consolidated Acts

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PUBLIC RECORDS ACT 2002 - SECT 18

18 Public access to public records

(1) If the restricted access period for a public record has ended, the archivist must allow the applicant access to the record.

(2) However, if the restricted access period has not ended, the applicant may have access to the public record only if--

(a) access is obtained under the FOI Act; or
(b) the responsible public authority gives the archivist a written notice stating--
(i) the public authority has classified the record as a record to which unrestricted access is allowed; or
(ii) access to the record may be given on conditions stated in the notice.

(3) Also, the archivist may refuse to allow access to a public record if--

(a) giving access to the record would be detrimental to its preservation; or
(b) the record is reasonably available for purchase by members of the community under arrangements made by a public authority; or
(c) information in the record can be produced or made available only with the use of particular equipment or information technology and the archives does not possess, and can not reasonably obtain access to, the equipment or information technology; or
(d) giving access to the record is restricted under a regulation under subsection (4) or (5).

(4) Access to a public record may be restricted under a regulation if--

(a) the record is more than 100 years old; and
(b) the record contains information concerning the personal affairs of a person; and
(c) access to the record would not, on balance, be in the public interest.

(5) Access to a public record may also be restricted under a regulation if--

(a) the record is classified by the responsible public authority for the record as containing matter that is potentially exempt under section 42(1)(g) to (i) or 42A of the FOI Act because its disclosure could reasonably be expected to--
(i) endanger the security of a building, structure or vehicle; or
(ii) prejudice a system or procedure for the protection of persons, property or the environment; or
(iii) facilitate a person's escape from lawful custody; or
(iv) damage the security of the Commonwealth or a State; and
(b) access to the record would not, on balance, be in the public interest.

(6) A restriction under a regulation may include the imposition of a condition on access.



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