Western Australian Current Acts

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STATE RECORDS ACT 2000 - SECT 48

48 .         Archives containing exceptionally sensitive information

        (1)         If the Commission is satisfied on an application made under subsection (3) that a State archive that is not a parliamentary record contains information of such exceptional sensitivity that there should not be a right to be given access to it under section 47, the Commission may direct that it is an exceptionally sensitive archive.

        (2)         If the Commission makes such a direction it must set the age of the archive at which, or the event on the occurrence of which, it will cease to be an exceptionally sensitive archive.

        (3)         An application may be made to the Commission for such a direction by the government organization that has control of a State archive or that transferred an archive to the State archives collection or by an authorised applicant.

        (4)         The Commission must review such a direction at least once in the 5 years after it is made and, until the State archive ceases to be an exceptionally sensitive archive, at least once in the 5 years after any review.

        (5)         When a State archive ceases to be an exceptionally sensitive archive, a person has a right to be given access to it, subject to section 49 and any express provision in another written law, and the FOI Act does not apply to or in relation to it.



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