(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 given under the IP Act or RTI Act ; or
Note—
The IP Act , chapter 3 and the RTI Act , chapter 3 , set out formal
procedures for being given access to documents and about reviewing decisions
about access under those Acts.
(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 information that
potentially is exempt information under the RTI Act , schedule 3 , section 9
or 10 (1) (h) , (i) or (j) 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.
