The Archives Act 1983 allows certain categories of researchers to be granted special access to Commonwealth records that are not publicly available either because the records are less than 30 years old or because they contain information that has been withheld from public access.

The categories of people who may apply for special access are set out in Regulation 9 of the Archives Act 1983. The four categories are:

• former governors-general, ministers and senior public servants who wish to refresh their memories of events they dealt with while in office
• authorised biographers of these people
• people who have deposited their personal records with the Archives
• people preparing major works of national significance for publication

Advice on how to process applications for special access is provided in the special access arrangements.

Decisions to approve or refuse applications for special access are made by a person who has been delegated the authority by the Minister responsible for the Archives. A list of delegated positions is given in the special access arrangements.

The National Archives administers requests from personal records depositors for access to their own records.  In all other cases, however, decisions on special access applications lie entirely with the agency controlling the records. Agencies must notify the National Archives if they receive applications for special access. They must also inform the Archives of their decision, as the Archives Act requires the National Archives to report such information to its Advisory Council.

There are restrictions on the ability of agencies to grant special access to certain types of records. If your agency receives a request that covers records in the following categories, it is mandatory that you refer these to the appropriate agency for decision:

• Cabinet  
• Executive Council 
• Office of the Governor-General 
• other governments  
• parliamentary departments  
• security agencies

There are some points to remember if you are applying for special access:

• One agency cannot authorise special access to records controlled by another agency. As a result, if an applicant requires access to records of more than one agency there may be advantages if the agencies involved consult before responding to the application.
• There are no rights of appeal if an applicant is refused special access, although an applicant may complain to the Commonwealth Ombudsman about the handling of their application, and may seek a review of a decision under the Administrative Decisions (Judicial Review) Act 1977.
• Special access is granted to an individual – research assistants need to be separately authorised.

The decision-making process for the first three categories of special access (applications from former governors-general, ministers and senior public servants and their authorised biographers and people who have deposited their personal records with the Archives) is fairly straightforward. 

Applications that fall within the fourth category require closer assessment by the delegate. Factors to be considered are set out in the special access arrangements.

There are three special access forms for applicants in the fourth category. Use of these forms is not obligatory for applicants in the other three categories.

• The Application for Special Access to Commonwealth Records is used by the applicant to lodge an application with each agency that controls the records requested. A copy of the application is sent to the National Archives by the agency that receives it. 
• The Certificate of Delegate is used by the special access delegate to notify the applicant of their decision. A copy of the completed form is sent by the delegate to the National Archives.
• There are various conditions placed on special access applicants. The principal conditions are set out on the Special Access Acceptance form, although agencies can add any further conditions they think necessary. This form is signed by the applicant and returned to the delegate, to signify the applicant’s acceptance of the conditions imposed on their special access. A copy of the signed form is sent to the National Archives by the delegate.