South Australian Consolidated Acts

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STATE RECORDS ACT 1997 - SECT 26

26—Public access to records in custody of State Records

        (1)         The agency responsible for an official record in the custody of State Records may, in consultation with the Manager

            (a)         determine that access to the record (other than by the agency) is not subject to any restrictions other than those determined by the Manager under subsection (2); or

            (b)         determine conditions excluding or restricting access to the record.

        (2)         The Manager may determine conditions as to access that the Manager considers necessary for the preservation of a record or for administrative purposes (but must advise the Council of any such determination).

        (3)         Applications for public access to official records in the custody of State Records must be made to the Manager in the manner and form and be accompanied by the fee (if any) prescribed by regulation.

        (4)         The Manager must decide an application under this section for public access to an official record according to a determination made under this section in relation to the record.

        (5)         This section does not prevent a person from applying for access to a record under the Freedom of Information Act 1991 or Part 5A of the Local Government Act 1934 (as the case requires), and a determination or decision under this section will be subject to that Act or that Part if application for access is made under the provisions of that Act or that Part.



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