New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 55A

55A Review of access directions by responsible Minister

(1) Museums of History NSW 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 Museums of History NSW and may be carried out in consultation with Museums of History NSW.

(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 Museums of History NSW.

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 Museums of History NSW.

Note : The 2
"kinds" of access direction are an OPA direction and a CPA direction.