If the Archives refuses you access to records under the Archives Act, we will provide you with a written statement giving the reasons for our decision. In many cases only a small amount of information is withheld, so check the record first, read the statement explaining why the information has been withheld, and if necessary, ask reference staff for clarification. If you do not agree with our reasons, you may apply for a review of the decision.

The Archives Act provides a two-stage appeal process:

• internal reconsideration of the decision by the National Archives; and
• review by the Administrative Appeals Tribunal (AAT).

An internal reconsideration is a review by the National Archives of the decision to refuse you access. The review is undertaken by a senior officer of the Archives.

You may apply for an internal reconsideration:

• if the record you have applied to see is 30 years old and it has been wholly or partially exempted from public access;
• if the record, or part of it, is wholly or partially subject to a ministerial certificate establishing conclusively that it is an exempt record;
• if access to the record is refused (or is granted subject to conditions) to ensure the record's safety and preservation;
• if the record has been made available to you in a form (eg a photocopy) other than the form you requested (eg the original); or
• if the record cannot be located.

Complete the blue Application for Internal Reconsideration form or send a letter, e-mail or fax to the Archives office that refused you access. There is no application fee. Your application must clearly identify the record (ie give the series number and control symbol) and give an address in Australia where we can notify you of our decision.

Applications should be lodged within 28 days of us notifying you of our decision to refuse or restrict access. We will advise you in writing of the result of your application for internal reconsideration. If we uphold our refusal of access you may then appeal to the (AAT).

The AAT independently reviews administrative decisions made by Australian government agencies, including the National Archives. It operates much like a court, but it is not necessary for you to have a lawyer to present your case.

The Tribunal reviews the Archives’ decisions on their merits. It decides whether the correct decision has been made in accordance with the Archives Act and can uphold, modify or reverse our decision. If you disagree with the AAT’s decision on your appeal you may appeal on a point of law to the Federal Court.

Section 43 of the Archives Act 1983 sets out the grounds on which you may appeal to the AAT against our decisions.

Most appeals to the AAT are based on one of the following grounds.

• Our internal reconsideration has upheld our original decision to refuse you access in part or in whole.
• You submitted your original application for access more than 90 days ago and we have not notified you of a decision.
• You submitted your application for internal reconsideration more than 14 days ago and we have not notified you of a decision.
• Our internal reconsideration confirms that a record still cannot be found.

Application forms for appeal to the AAT and information about application fees, is available from the AAT’s website (www.aat.gov.au). You can phone the AAT on 1300 366 700.

The AAT has a registry in each capital city. Submit your application for review to whichever Registry is most convenient to you, regardless of the state or territory of the Archives office which refused you access. You should lodge your application within 60 days of whichever of the events described above applies.

You may complain to the Commonwealth Ombudsman if you are dissatisfied with any aspect of the handling of your dealings with hte National Archives. If you make a complaint to the Ombudsman concerning our handling of your application, you cannot apply to the AAT for a review of the decision until the Ombudsman has informed you of the result of your complaint.

If you complain to the Ombudsman about our handling of your application for access or appeal you cannot apply to the AAT for a review of the access decision until the Ombudsman has informed you of the result of the investigation.

Information about the Ombudsman and an online complaints form is available on the Ombudsman’s website (www.ombudsman.gov.au). You can also contact the Ombudsman’s office on 1300 362 072.

Under the Archives Act we are required to release as much information as possible. If you have concerns about information that has been released, contact the Director, Access and Information Services, National Archives of Australia (PO Box 7425, Canberra Business Centre ACT 2610, or email: yourcomments@naa.gov.au).

See Fact Sheet 10 – Access to records under the Archives Act and Fact Sheet 11 – Viewing records in the reading room, for more information about access to Commonwealth government records.

Comments or other feedback can be sent to archives@naa.gov.au

updated June 2005