1. Recent developments relating to public access under the State Records Act 1998 David Roberts Director State Records NSW Australian Society of Archivists NSW Branch seminar: Access to Public Records in NSW 16 November 2005

2. Outline Overview of public access provisions of State Records Act Review and 2005 amendments Revised ‘Attorney General’s guidelines’ Privacy and Personal Information Protection Regulation 2005

3. Overview of public access provisions Open period: 30 year rule Public offices to make access directions for records more than 30 years old –Assessed at series/group/class level –Risk-based assessment, but cautious –Have regard to Attorney General’s guidelines Public can request access direction Secrecy provisions no longer apply

4. Overview of public access provisions (continued) Doesn’t affect FOI access Early access –May not breach duty or obligation Special access arrangements Protection from liability for defamation or breach of confidence Doesn’t apply to Governor, Houses of Parliament or courts & tribunals

5. Review and 2005 amendments Presumption in favour of open access to open period records –Explicit presumption –Public office must have regard to presumption –Does not affect safeguards in Act Reasons for access directions –Public office must give reasons when requested

6. Review and 2005 amendments (continued) Review of access directions –Ministerial review mechanism –State Records initiates Time to make access direction when requested –Reduced from one month to 14 days Liability when providing early access –Public office staff protected

7. Revised ‘Attorney General’s guidelines’ No change to substance of guidelines Updated references to legislative changes since 1998 Improved structure Some additional practical guidance New section on other legislation affecting public access –Relationship with State Records Act

8. Privacy and Personal Information Protection Regulation 2005 Clause 4: Meaning of personal information Following is not personal information (a) information about an individual that is contained in a document kept in a library, art gallery or museum for the purposes of reference, study or exhibition, (b) information about an individual that is contained in a State record under the control of the State Records Authority that is available for public inspection in accordance with the State Records Act 1998, (c) information about an individual that is contained in archives within the meaning of the Copyright Act 1968 of the Commonwealth.

9. Resources State Records website –State Records Act > Summary of 2005 amendments Attorney General’s guidelines –Recordkeeping > Access regulation > Guidelines for making access directions Moira Paterson, Freedom of Information and Privacy in Australia: Government and Information Access in the Modern State, Butterworths, 2005