State Records Act 2000

A State archive that is a government record and that is not in the State archives collection is a restricted access archive if the record keeping plan of the government organisation that has control of it says it is.

A State archive that is a government record and that is in the State archives collection is a restricted access archive if —

at the time when it was transferred to the collection by a government organisation, the organisation’s record keeping plan said it was; or

after it is transferred to the State archives collection by a government organisation, the Commission, on an application by the government organisation or by an authorised applicant, directs that it is a restricted access archive.

If an application is made under subsection (2)(b) in respect of a State archive, the archive is to be treated as if it were a restricted access archive until the Commission makes its decision.

If under subsection (2)(b) the Commission directs that a State archive is a restricted access archive, it must set the age at which the archive will cease to be a restricted access archive.

The Commission must review a direction made under subsection (2)(b) at least once in the 5 years after it is made and, until the archive ceases to be a restricted access archive, at least once in the 5 years after any review.