Document ID: chunk:federal_register_of_legislation:F2021L00231:clause:1_20:p1
Version: federal_register_of_legislation:F2021L00231
Segment Type: clause
Provision Reference: sch 1 cl 20 (pt 1/3)
Character Range: 38479–41630

20  Australian Privacy Principle 12: Access to personal information (as customised for the purposes of this Code)
       Access
       (1)    If a Research Organisation holds identifiable research information about an individual, the Research Organisation must, on request by the individual, give the individual access to the information.
       Exception to access
       (2)    Despite subsection 12.1, a Research Organisation is not required to give the individual access to the identifiable research information to the extent that:
         (a)    the Research Organisation reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
         (b)    giving access would have an unreasonable impact on the privacy of other individuals; or
         (c)    the request for access is frivolous or vexatious; or
         (d)    the information relates to existing or anticipated legal proceedings between the Research Organisation and the individual, and would not be accessible by the process of discovery in those proceedings; or
         (e)    giving access would reveal the intentions of the Research Organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
         (f)     giving access would be unlawful; or
         (g)    denying access is required or authorised by or under an Australian law or a court/tribunal order; or
         (h)    both of the following apply:
              (i)            the Research Organisation has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the Research Organisation's functions or activities has been, is being or may be engaged in;
              (ii)            giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
         (i)     giving access would likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
         (j)     giving access would reveal evaluative information generated within the Research Organisation in connection with a commercially sensitive decision‑making process.
       Dealing with requests for access
       (3)    The Research Organisation must:
         (a)    respond to the request for access to the identifiable research information within a reasonable period after the request is made; and
         (b)    give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so.
       Other means of access
       (4)    If the Research Organisation refuses:
         (a)    to give access to the personal information because of subsection 20(2); or
         (b)    to give access in the manner requested by the individual;

         the Research Organisation must take such steps (if any) as are reasonable in the circumstances to give access in a way that meets the needs of the Research Organisation and the individual.
       (5)    Without limiting subsection 20(4), access may be given through the use of a