New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 59

59 Withholding access to ensure proper care of records

(1) Museums of History NSW can direct that a State archive be withheld from public access if of the opinion that it is necessary to do so for the purpose of ensuring the safe custody and proper preservation of the record. The record is not open to public access under this Act while the direction is in force.

(3) Museums of History NSW is to provide a copy of a record that is not open to public access under this section if the Museums of History NSW thinks it is practicable to do so without detriment to the proper preservation and safe custody of the record. The copy is then open to public access under this Act (unless it is not open to public access under another provision of this Part) and is available for access under and in accordance with the Government Information (Public Access) Act 2009 .

(4) Museums of History NSW is entitled to charge a fee determined by Museums of History NSW for providing a copy of a record under this section.

(5) A person aggrieved by a direction of Museums of History NSW under this section may apply to the Minister for a review of the decision. The Minister's decision on the review is final and not subject to further review or appeal. Museums of History NSW is to give effect to the Minister's decision.