The special access regime
The Archives Act 1983 allows certain people to apply for special access to Commonwealth records. These include records not yet in the open access period, and records that are exempt from public access.
Under the Archives Regulations 2018, people who can apply for special access include:
- former Governors-General, federal ministers, and senior Commonwealth public servants, and their authorised biographers
- people who have deposited records with the National Archives
- researchers preparing major works of national significance for publication.
More information, including the circumstances in which special access may be granted, is available on the National Archives of Australia's website.
The role of the Department of the Prime Minister and Cabinet
The department administers special access requests:
- from or on behalf of a former prime minister, minister, or other authorised office holders
- relating to records within PM&C’s control.
The department is also consulted on requests relating to particular kinds of records (for example, Cabinet records).
The department has a 30-day administrative timeframe for processing special access requests, although some requests can take longer. Generally, senior departmental staff make decisions on special access requests, although in certain circumstances a Ministerial decision may be required.
Access conditions
The arrangements approved by the Prime Minister outline standard conditions on special access.
A decision-maker may also apply extra conditions, which could relate to:
- Method of inspection, e.g. records must be inspected under the supervision of a departmental officer.
- Notes and records, e.g. records must not be copied or transcribed verbatim.
- Publication, e.g. manuscripts must be submitted for departmental examination before publication.
- Sensitive information, e.g. Cabinet information must not be disclosed.