Australian Capital Territory Current Acts

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FREEDOM OF INFORMATION ACT 2016 - SECT 47

Giving access—form of access

    (1)     Access to government information under this part may be given to a person in 1 or more of the following ways:

        (a)     by giving a copy of an electronic record containing the information;

        (b)     by giving a printed copy of the record containing the information;

        (c)     if the information is contained in a sound recording or a record in which words are in shorthand writing or in a codified form—by giving a written transcript of words contained in the record;

        (d)     if the application relates to information that is not contained in a written record held by an agency or Minister—by providing a written document using equipment usually available to the agency or Minister for retrieving or collating stored information.

    (2)     For subsection (1) (a) to (c), a reference to government information or a record includes a reference to a copy from which information has been deleted under section 50.

    (3)     As far as practicable, access to government information under this part must be given—

        (a)     either—

              (i)     in a way that complies with the web content accessibility guidelines, level AA; or

Note     The guidelines are accessible at www.w3.org

.

              (ii)     if another way is prescribed by regulation—in that way; and

        (b)     in a form that provides at least the same range of functions to the applicant as was available to the respondent before the access was given.

Examples—par (b)

1     electronically searchable text document

2     unsecured text document that allows a user to copy and paste from the document

    (4)     Subject to this section and section 50, if an applicant has requested access in a particular form, access must be given in that form.

    (5)     However, access may be given in a form (an alternative form ) other than that requested by the applicant if—

        (a)     it is not reasonably practicable for the respondent to give access in the form requested; and

        (b)     the respondent is reasonably satisfied that the applicant can receive the information given in the alternative form.

    (6)     If an applicant is given access to government information in a form different to the form requested by the applicant, the applicant must not be required to pay a fee that is more than would have been payable if access had been given in the form requested by the applicant.



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