New South Wales Consolidated Acts

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STATE RECORDS ACT 1998 - SECT 51

Access direction must be given for records in the open access period

51 Access direction must be given for records in the open access period

(1) Each public office must ensure that the State records for which it is responsible that are in the open access period are the subject of an access direction. Only the public office responsible for a record can give an access direction for the record.
(1A) There is a presumption that State records in the open access period should be open to public access under this Act.
(2) An access direction must be either--
(a) a direction that records are open to public access under this Act (referred to in this Act as an
"OPA direction" ), or
(b) a direction that records are closed to public access under this Act (referred to in this Act as a
"CPA direction" ).
(3) A State record that is the subject of an OPA direction is open to public access under this Act. A State record that is the subject of a CPA direction is not open to public access under this Act. When a record is open to public access under this Act, any person is entitled to be given access to the record as provided by this Part.
(4) This Part does not prevent the giving of access independently of this Act to a State record (whether or not the record is in the open access period).
Note : A CPA direction operates solely for the purposes of this Act. Its effect is that the entitlements to access conferred by this Act do not apply to the record, and it has no other effect. In particular, a CPA direction does not affect any other entitlement to access that arises outside this Act and does not prevent the giving of access voluntarily.



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