- Laws of Fiji

[INF 13] Forms of access13

(1) Subject to subsection (2), any information which a public agency is directed under section 8 or 10 to make available to the person who has made the request may be made available in any of the following ways—

(a)by giving the person a reasonable opportunity to inspect the information;
(b)by giving the person a copy of the information;
(c)in the case of information that is an article or material from which sounds or images are capable of being reproduced, by giving the person a copy of the article or material or by making arrangements for the person to hear those sounds or view those images; or
(d)in the case of information that is a document where words are recorded in a way in which the words are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by providing the person with a written transcript of the words recorded or contained in the document.

(2) A public agency must make the information available in the form preferred by the person who made the request unless to do so would—

(a)impair the efficient administration of the public agency;
(b)be detrimental to the preservation of the information or, having regard to the physical nature of the information, would otherwise not be appropriate; or
(c)involve an infringement of copyright, other than copyright owned by the State or a public agency, subsisting in matter contained in the information.

(3) If information cannot be made available in the form preferred by the person who made the request, the public agency—

(a)may provide the information in another form as determined by the public agency; and
(b)must give the person a written statement of the reason for not making the information available in the form preferred by the person who made the request.

(4) If the person who made the request has indicated that access to information be given in a particular form and access in that form is refused but given in another form, the person is not required to pay a charge in respect of the giving of access that is greater than the charge that the person would have been required to pay had access been given in the form preferred by the person who made the request.

(5) This section does not prevent a public agency from giving access to information in any other form agreed upon between the public agency and the person who made the request.

(6) A public agency must refuse to give access to information unless any charge payable in respect of dealing with the request, or giving access to the information, has been paid.

(7) In giving access to information, a public agency must take such measures as reasonably practicable to ensure that persons with disabilities are able to access such information in accordance with the rights of persons with disabilities as prescribed under section 42 of the Constitution.