20
.N(). 20s52
Act ~[). 2.2000
G()\’ERX\lENT G,4ZETTE. .? FEBRL:,4RY 2000”
PR()\IoTION OF .4 CCESS TO lNFOR\lATION ACT. 2000”
concerned. the information officer of the body must. if that requester so requests. take
reasonable steps to make the record available in a form in which it is capable of being
read, viewed or heard by the requester.
(6) If a record is made available in accordance with subsection (5), the requester may
not berequired to pay an access fee which ismorethan the fee which heor she would 5
have been required to pay but for the disability.
(7) If a record is made available in terms of this section to a requester for inspection,
viewing or hearing, the requester may make copies of or transcribe the record using the
requester’s equipment, unless to do so would—
(a) intetiere unreasonably with theeffective administration of the public body 10
concerned;
(b) bedetrimental tothepreservation of therecord; or
(c) amount to an infringement of copyright not owned by the State or the public
body concerned.
(8) If the supply to a requester of a copy of a record is required by this section, the 15
copy must, if so requested, be supplied by posting it to him or her.
(9) If an internal appeal or an application to a court, as the case may be, is lodged
against the granting of a request for access to a record, access to the record maybe given
only when the decision to grant the request is finally confirmed.
Access to health or other records
20
30. (1) If the information officer who grants, in terms of section 11, a request for
access to a record provided by a health practitioner in his or her capacity as such about
the physical or mental health, or well-being—
(a) of the requeste~ or
(b) if the request has been made on behalf of the person to whom the record 25
relates, of that person,
(in this section, the requester and person referred to paragraphs (a) and (b), respectively,
are referred to as the “relevant person”), is of the opinion that the disclosure of the
record to the relevant person might cause serious harm to his or her physical or mental
health, or well-being, the information officer may, before giving access in terms of 30
section 29, consult with a health practitioner who, subject to subsection (2), has been
nominated by the relevant person.
(2) If the relevant person is—
(a) under the age of 16 years, a person having parental responsibilities for the
relevant person must make the nomination contemplated in subsection (1); or 35
(b) incapable of managing his or her affairs, a person appointed by the court to
manage those affairs must make that nomination.
(3)(a) If, after being given access to the record concerned, the health practitioner
consulted in terms of subsection ( 1 ) is of the opinion that the disclosure of the record to
the relevant person would be likely to cause serious harm to his or her physical or mental 40
health, or well-being, the information officer may only give access to the record if the
requester proves to the satisfaction of the information officer that adequate provision is
made for such counseling or arrangements as are reasonably practicable before, during
or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant
45
person.
(b) Before access to the record is so given to the requester, the person responsible for
such counseling or arrangements must be given access to the record.
Language of access
31. A requester whose request for access to a record of a public body has been granted
50
(a) exists in the language that the requester prefers, be given access in that
language; or
(b) does not exist in the language so preferred or the requester has no preference
or has not indicated a preference, be given access in any language the record
exists in.
55
must, if the record—