South Australian Current Acts South Australian Current Acts26—Documents affecting personal affairs
(1) This section
applies to a document that contains information concerning the
personal affairs of any person (whether living or dead).
(2) An agency must not
give access under this Act to a document to which this section applies (except
to the person concerned) unless the agency has taken such steps as are
reasonably practicable to obtain the views of the person concerned as to
whether or not the document is an exempt document by virtue of clause 6
of Schedule 1.
(3) If—
(a)
—
(i)
an agency determines, after having sought the views of
the person concerned, that access to a document to which this section applies
is to be given; and
(ii)
the views of the person concerned are that the document
is an exempt document by virtue of clause 6 of Schedule 1; or
(b)
after having taken reasonable steps to obtain the views of the person
concerned—
(i)
the agency is unable to obtain the views of the person;
and
(ii)
the agency determines that access to the document should
be given,
the agency must—
(c)
forthwith give written notice to the person concerned—
(i)
that the agency has determined that access to the
document is to be given; and
(ii)
of the rights of review conferred by this Act in relation
to the determination; and
(iii)
of the procedures to be followed for the purpose of
exercising those rights; and
(d)
defer giving access to the document until after the expiration of the period
within which an application for a review under this Act may be made or, if
such an application is made, until after the application has been finally
disposed of.
(4) If—
(a) an
application is made to an agency for access to a document to which this
section applies; and
(b) the
document contains information of a medical or psychiatric nature concerning
the applicant; and
(c) the
agency is of the opinion that disclosure of the information to the applicant
may have an adverse effect on the physical or mental health, or the emotional
state, of the applicant; and
(d) the
agency decides that access to the document is to be given,
it is sufficient compliance with this Act if access to the document is given
to a registered medical practitioner nominated by the applicant.
(5) A reference in
this section to the person concerned is, in the case of a deceased person, a
reference to the personal representative of that person or, if there is no
personal representative, the closest relative of that person of or above the
age of 18 years.