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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Records Amendment Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of State Records Act 1998 No 17 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL,
which originated in the LEGISLATIVE ASSEMBLY, has finally passed the
LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
State Records Amendment Bill 2005
Act No , 2005
An Act to amend the State Records Act 1998 to make further provision in relation to
public access to State records, normal administrative practice, prosecutions and other
matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 State Records Amendment Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the State Records Amendment Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of State Records Act 1998 No 17
The State Records Act 1998 is amended as set out in Schedule 1.
Page 2
State Records Amendment Bill 2005
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Sections 3 (1), definition of "Director" and 68 and Schedule 2, clause
10 (1)
Omit "Part 2 of the Public Sector Management Act 1988" wherever occurring.
Insert instead "Chapter 2 of the Public Sector Employment and Management
Act 2002".
[2] Section 3 Definitions
Insert "(a prescribed State collecting institution)" after "institution" in
paragraph (j) of the definition of State collecting institution in section 3 (1).
[3] Section 5 Application of Act to State collecting institutions
Insert "(other than a prescribed State collecting institution)" after "institution"
where firstly occurring in section 5 (2).
[4] Section 19 Records storage facilities and other services
Insert at the end of section 19 (3) (c):
, and
(d) can be provided within and outside the State, including
outside Australia.
[5] Section 22 Normal administrative practice
Omit "Schedule 1 contains guidelines on some aspects of" from section 22 (3).
Insert instead "The regulations may prescribe guidelines on what constitutes".
[6] Section 50 Open access period for records
Insert at the end of the note to the section:
There is a presumption that a State record in the open access period
should be open to public access but the public office responsible for the
record can close the record to public access by giving a closed to public
access direction (a CPA direction).
[7] Section 51 Access direction must be given for records in the open
access period
Insert after section 51 (1):
(1A) There is a presumption that State records in the open access
period should be open to public access under this Act.
Page 3
State Records Amendment Bill 2005
Schedule 1 Amendments
[8] Section 52 Deciding whether to open or close records to public access
Insert before section 52 (1):
(1A) When making an assessment as to whether records should be
open or closed to public access under this Act, a public office
must have regard to the presumption that State records in the
open access period should be open to public access under this
Act.
[9] Section 54 Application to open records to public access
Omit "1 month" from section 54 (3). Insert instead "14 days".
[10] Section 55 Procedures for giving and revoking access directions
Omit "or" from section 55 (4) (a).
[11] Section 55 (4) (c)
Insert after section 55 (4) (b):
(c) in compliance with a direction of the responsible Minister
under section 55A (3) (b).
[12] Section 55 (6)
Insert after section 55 (5):
(6) A public office that gives a CPA direction for a State record must
give its reasons for giving the direction:
(a) to the Authority, if the Authority has requested that the
public office give those reasons, and
(b) to any person who has had an application for an OPA
direction for the record under section 54 refused by the
giving of the CPA direction and who has requested that the
public office give those reasons.
[13] Section 55A
Insert after section 55:
55A Review of access directions by responsible Minister
(1) The Authority may request the public office responsible for a
State record that is the subject of an access direction to have the
direction reviewed by the Minister responsible for the public
office (the responsible Minister).
(2) Such a review is to be finalised within 3 months after the request
is made by the Authority and may be carried out in consultation
with the Authority.
Page 4
State Records Amendment Bill 2005
Amendments Schedule 1
(3) The responsible Minister finalises the review by:
(a) confirming the access direction, or
(b) directing the public office to revoke the access direction
and replace it with another access direction specified in the
direction.
Note. For example, the responsible Minister's direction could require
that a CPA direction be replaced with an OPA direction, or with another
CPA direction of a different duration.
(4) A public office must comply with a direction of the responsible
Minister within 14 days. An access direction given in compliance
with such a direction cannot be revoked except with the
permission of the responsible Minister or the Authority.
Note. OPA directions remain in force until revoked. CPA directions
remain in force for the period specified in the direction unless revoked or
renewed sooner. The prohibition on revocation in subsection (4) does
not prevent a CPA direction being renewed, or being given again after it
has lapsed.
(5) If the review is not finalised within 3 months after the review was
requested, or the responsible public office does not comply with
a direction of the responsible Minister within 14 days after it is
given, the access direction under review is revoked (with the
result that there is no access direction for the records concerned).
An access direction of the same kind as the revoked access
direction cannot be given again for the records concerned without
the permission of the Authority.
Note. The 2 kinds of access direction are an OPA direction and a CPA
direction.
[14] Section 57 Public office may authorise earlier public access
Omit "authorising the Authority to make the record available for public
access" from section 57 (1).
Insert instead "authorising early public access to the record under this Act and
notifying the Authority that it has authorised that access".
[15] Section 57 (2A)
Insert after section 57 (2):
(2A) In assessing whether to authorise early public access to State
records under this Act, a public office is to apply the principles
established by section 52 for an assessment under that section.
The power conferred by subsection (1) is exercisable at the
absolute discretion of the public office concerned and this
subsection does not limit the exercise of that discretion.
Page 5
State Records Amendment Bill 2005
Schedule 1 Amendments
[16] Section 63 Establishment of the Authority
Omit "and the use of that name" from section 63 (3).
Insert instead "or State Records NSW and the use of either of those names".
[17] Section 69 Establishment of Board
Omit "Public Sector Management Act 1988" wherever occurring from section
69 (2) (b) and (4).
Insert instead "Public Sector Employment and Management Act 2002".
[18] Section 69 (4) (b)
Insert "to which Part 6.4 of that Act applies" after "authorities".
[19] Section 78 Proceedings for offences
Omit "constituted by a Magistrate sitting alone".
[20] Section 78 (2)
Insert at the end of section 78:
(2) Despite anything in the Criminal Procedure Act 1986,
proceedings for an offence against section 21 may be commenced
not later than 2 years from when the offence was alleged to have
been committed.
Note. Section 179 of the Criminal Procedure Act 1986 has the effect that
proceedings for an offence against a section of this Act other than
section 21, or for an offence against the regulations, may be commenced
not later than 6 months from when the offence was alleged to have been
committed.
[21] Schedule 1 Guidelines on some aspects of normal administrative
practice
Omit the Schedule.
[22] Schedule 2 Provisions relating to constitution and procedure of the
Board
Omit "Part 8 of the Public Sector Management Act 1988" from clause 5 (1)
(d).
Insert instead "Chapter 5 of the Public Sector Employment and Management
Act 2002".
Page 6
State Records Amendment Bill 2005
Amendments Schedule 1
[23] Schedule 3 Savings and transitional provisions
Insert before clause 1:
Part 1 Savings and transitional regulations
1A Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
this Act
State Records Amendment Act 2005
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of
this Act
[24] Schedule 3, clause 10
Omit the clause.
[25] Schedule 3, Part 3
Insert in appropriate order:
Part 3 Provisions consequent on enactment of
State Records Amendment Act 2005
11 Meaning of "amending Act"
In this Part, amending Act means the State Records Amendment
Act 2005.
Page 7
State Records Amendment Bill 2005
Schedule 1 Amendments
12 Operation of amendment concerning provision of services
The amendment of section 19 (3) by the amending Act is for the
avoidance of doubt and accordingly is taken to have had effect
from the commencement of section 19.
13 Application of amendment to existing applications to open
records to public access
The amendment of section 54 (3) by the amending Act does not
apply to an application made under section 54 before the
commencement of that amendment.
14 Validation concerning corporate name of Authority
The use of the corporate name State Records NSW before the
commencement of the amendment of section 63 made by the
amending Act is as valid and effectual as it would have been had
the amendment been in force at the time of use.
15 Limitation period for existing offences not affected
Section 78 (2), as inserted by the amending Act, does not apply
in relation to an offence that was committed or is alleged to have
been committed before the commencement of that subsection.
Page 8
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