New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 55

55 Procedures for giving and revoking access directions

(1) An access direction is to be given to the Authority in writing in a form approved by the Authority.

(2) An OPA direction remains in force until it is revoked.

(3) A CPA direction remains in force for the period (up to 5 years) specified in the direction unless it is revoked or renewed sooner. There is no limit on the number of times a CPA direction can be given or renewed.

Note: The fact that a CPA direction can only remain in force for 5 years (subject to renewal) does not prevent the giving of a CPA direction that operates by reference to a longer period. For example, a CPA direction could be given that was expressed to remain in force for 5 years and that required adoption records to be closed for 100 years. The direction would remain in force for 5 years and would operate during that time to prevent public access to adoption records aged less than 100 years. At the end of the 5 years, the direction could be renewed.

(4) An access direction can be revoked by the public office responsible for the record concerned in one of the following ways (and not otherwise):

(a) by giving an OPA direction (to revoke a CPA direction),

(b) by giving a CPA direction (to revoke an OPA direction),

(c) in compliance with a direction of the responsible Minister under section 55A (3) (b).

(5) An access direction can be selectively revoked or renewed, that is, it can be revoked or renewed in respect of some of the records to which it applies (with the effect that the original access direction continues to apply to the other records concerned).

(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.