Access to State archives - your rights

The State Records Act governs public access to State records that are at least 20 years old. It applies to the records generated by 'public offices', including all New South Wales Government departments, authorities, universities, local government bodies and the public hospital system. Its application may be extended to the Governor, Parliament and the courts by agreement.

The Act does not apply to the records of private individuals or organisations, nor does it apply to private records held by State collecting institutions.

The State Records Act establishes a general entitlement to access to State records that are in the 'open access period', that is records that are at least 20 years old. There is a presumption that records in the 'open access period' should be open to public access.

State records are open to public access after 20 years unless the record is subject to an early access authorisation or a closed to public access direction.

Closed to public access direction (CPA): Government agencies can also make access directions to close some records to public access for longer than 20 years to protect sensitive information. A CPA direction remains in force for 5 years - at which time it can be renewed or revoked by the agency

Early access authorisation: Government agencies can make access directions to open some records before they are 20 years of age

Although there is presumption that records in the open access period should be open to public access, some contain information, such as sensitive personal details, requiring a longer period of closure.

Public offices are responsible for making access directions or early access authorisations. This applies regardless of whether the records are State archives or are still held under the control of the public office.

Access directions are based on the likely or known contents of a series, group or class of records. They are not usually made on a record-by-record basis. Public offices are assisted in making access directions by the Attorney General's Guidelines to Making access directions under the State Records Act 1998. The guidelines address such issues as security, privacy and confidentiality. The guidelines and procedures for making access directions are available on our website.

A CPA direction remains in force for up to 5 years unless it is revoked or renewed sooner. There is a difference between the period the CPA direction is in force and the period of closure. For example, a CPA direction may remain in force for up to 5 years but it could close records for 50 years. The review of a CPA at five yearly intervals allows for an evaluation of the decreasing sensitivity in records with the passage of time. Public offices can review or revoke access directions at any time.

Records may be withheld from public access to ensure their safe custody and proper preservation. This could also involve providing access in a different format from that requested, such as a copy.

NSW State Archives maintains a Register of Access Directions. The register contains details of all access directions currently in force under the Act. It lists access directions, the public office who made the direction and the duration of the access direction.

The State Archives Catalogue provides information about access requirements for specific records.

The State Records Act does not provide a specific mechanism for an individual to appeal against a CPA direction. The Act does provide for the NSW State Archives to request a review of an access direction by the Minister responsible for the public office that made the direction.

In circumstances where you disagree with a decision made by a public office to restrict access, it is appropriate to write to the Museums of History NSW and the responsible office or its Minister seeking reconsideration of the decision.

A public office can also give access to State records independently of the Act on an individual basis even though the record may be closed to general public access.

The Act does not affect entitlements to access information under the Government Information (Public Access) Act, 2009, the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.

Yes it is possible. Please approach the public office directly via its website.

Public offices can choose to authorise public access to records before they enter the open access period. Such a direction is known as an 'early access' authorisation.

Our staff can advise you about your rights of access to State records, and access requirements for particular records.