Archives In Brief 97 - Reviews of access directions

• Who can request a review?
• When will State Records request a review?
• Who is responsible for reviewing an access direction?
• What are the possible outcomes of a review?
• What must a public office do after a review?

Who can request a review?

State Records can request a review of an access direction. The State Records Act does not provide a specific mechanism for an individual to appeal against a Closed to Public Access (CPA) direction.
In circumstances where you disagree with a decision made by a public office to restrict access, it is appropriate to write to State Records and the responsible office or its Minister seeking reconsideration of the decision.

When will State Records request a review?

State Records may request a review of an access direction if after advice and negotiation with a public office a direction remains:

• inconsistent with the spirit of the access provisions of the State Records Act, including the presumption that most records should be opened after 30 years,

• contrary to the Attorney Generals' guidelines on making access directions, or creates an inconsistent framework of public access to State records across government.

Who is responsible for reviewing an access direction?

The request is made to the Minister responsible for the public office that authorised the direction. The Minister must finalise the review in three months. The review may be carried out in consultation with State Records.

What are the possible outcomes of a review?

The Minister finalises a review by either:

• confirming the original access direction, or
• directing the public office to revoke the access direction and replace it with another specified access direction.

What must a public office do after a review?

The public office must comply with the Minister's direction within 14 days. The public office can comply by revoking and authorising an access direction in accordance with the Minister's review.

If the public office does not comply within 14 days the access direction is revoked. The revoked direction cannot be given again without the permission of State Records.

© State of New South Wales through the State Records Authority, 2003.
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