Archives In Brief 96 - Appyling for an access direction
Outlines your rights and responsibilities when applying to have an open to public access (OPA) direction made for records in the open access period not already covered by an access direction. For further information on access directions see Archives in Brief 9 and the Register of Access Directions.
Who can apply to have an OPA direction made?
Anyone, including the State Records Authority, can apply to have an access direction made for records in the open access period, if the records are not covered by an access direction.
What can an application cover?
An application can relate to any records in the open access period that are not covered by an access direction. An application can relate to an individual record, classes, groups, series or all records not covered by an access direction.
How is an application made?
An application to make an access direction must:
- be made in writing to the responsible public office
- accurately identify the records that require an access direction, and
- include the name and contact details of the applicant.
You do not need to demonstrate a need or give a reason for the application.
An application form to make an OPA direction under s.54 of the State Records Act is available on State Records' web site and in our reading rooms upon request.
Is there a fee for applying to have an access direction made?
There is no fee for processing an application to make an access direction.
When does the direction need to be made?
A public office must make an access direction within 14 days of receiving the application.
What if an access direction is not made?
If an access direction is not made within 14 days the records subject to the application are considered to be open to public access.
Steps in making an application for an OPA direction
Below is a table outlining the steps involved in applying for an open to public access direction.
| Step | Action |
|---|---|
| 1 | Identify the records you want covered by an open to public access direction |
| 2 | Check to make sure the records are not already covered by an access direction on the Register of access directions |
| 3 | Check with State Records staff that records are not covered by past access conditions that are not included on the register of access direction |
| 4 | Identify the public office responsible for the records. State Records staff can assist in both identifying the public office and an appropriate contact. Tip: Remember the public office that created the records may no longer be the public office responsible for the records. |
| 5 | Make an application by completing the Application form for making an access direction (Copies are available both on our Website and in our reading rooms) and sending it to the responsible public office. |
| 6 | Inform State Records that you have made an application. Tip: Giving State Records a copy of the application can assist us in tracking the application. |
How a Public office will deal with your application
Below is table o how a public should deal with your application.
| Step | Action |
|---|---|
| 1 | Acknowledge the receipt of your application in writing to both yourself and State Records |
| 2 | Make an access direction by consulting: Note: They may make more than one access direction for the records in cases where some records can be opened and others may need a longer period of closure. |
| 3 | Within 14 days inform you and State Records of the access direction Note: If no access direction is made within 14 days the records are taken to be open to public |
© State of New South Wales through the State Records Authority, 2003.
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