South Australian Current Acts South Australian Current Acts153—Certain persons to be provided with documents and information held
by the Department
(1) An eligible
applicant in respect of a prescribed person may apply to the Chief Executive
for the provision of documents and information relating to the
prescribed person being held by the Department.
(2) An application
made under this section must be made in the manner and form determined by the
Chief Executive.
(3) Subject to this
section, the Department must, on an application under subsection (1),
provide to the eligible applicant—
(a) such
of the following documents relating to the prescribed person as may be held by
the Department:
(i)
birth certificate;
(ii)
religious certificates;
(iii)
certificates of achievement;
(iv)
education and training reports;
(v)
correspondence addressed to the prescribed person;
(vi)
passport;
(vii)
photographs;
(viii)
any other documents of a kind prescribed by the
regulations; and
(b) such
information relating to the prescribed person of a kind specified in the
application as may be held by the Department.
(4) If the Department
holds an original of a document referred to in subsection (3)(a), the
Department must give the original to the eligible applicant and must ensure
that a copy of the document is retained for the purposes of the laws of the
State.
(5) For the purposes
of the State Records Act 1997 , the disclosure or provision of an
official record (within the meaning of that Act) is authorised under this
Part.
(6) The Department
may, in accordance with any guidelines published by the Department for the
purposes of this section—
(a)
refuse to provide a document or information; or
(b)
provide a document in redacted form.
(7) If the Department
refuses to provide a document or information, or provides a document in
redacted form, the Department must give the eligible applicant a written
notice that sets out—
(a) the
reasons for the decision; and
(b) the
eligible applicant's right to seek a review of the decision under
section 154; and
(c) any
other matter prescribed by the regulations.
(a) a
document that must be provided to an eligible applicant under this section
contains information of a medical nature concerning the prescribed person; and
(b) the
Department is of the opinion that disclosure of the information may have an
adverse effect on the physical or mental health, or the emotional state, of
the prescribed person,
the Department—
(c) is
not required to give access to the document directly to the eligible
applicant; and
(d) may
instead give access to the document to—
(i)
a medical practitioner nominated by the prescribed person
or the eligible applicant; or
(ii)
a person or body nominated by the prescribed person or
the eligible applicant and approved by the Department.
(9) In this
section—
"eligible applicant," in respect of a prescribed person, means—
(a) the
prescribed person; or
(b) a
person authorised by the prescribed person to make an application under this
section; or
(c) in
the case of a prescribed person who has died—a grandparent, parent,
child or grandchild of the prescribed person;
"prescribed person" means a person of or above the age of 18 years who
was, while the person was a child or young person, provided with
out of home care or care of a corresponding kind provided under an earlier Act
of the State.