{"id":"qld:act-2023-033","name":"Public Records Act 2023","slug":"public-records-act-2023","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"33 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29554,"registerId":"qld-act-2023-033-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Public Records Act 2023 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to provide a framework for making, managing and accessing public records in a way that benefits present and future generations.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Principles for administering Act","content":"### sec.4 Principles for administering Act\n\nIt is Parliament’s intention that public records are made, managed and accessed under this Act in a way guided by the principles stated in schedule 1 .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Relationship with other Acts","content":"### sec.6 Relationship with other Acts\n\nThis Act is subject to another Act providing any of the following—\nthat an entity is, or is not, a public authority under this Act;\nthat a record is, or is not, a public record under this Act;\nthat access to, or disposal of, a record is authorised, even if access or disposal is not authorised under this Act;\nthat access to a record is prohibited or restricted, even if access is authorised under this Act.\nSubsection (1) does not affect a provision of this Act or another Act that expressly deals with the interaction between this Act and the other Act.\n(sec.6-ssec.1) This Act is subject to another Act providing any of the following— that an entity is, or is not, a public authority under this Act; that a record is, or is not, a public record under this Act; that access to, or disposal of, a record is authorised, even if access or disposal is not authorised under this Act; that access to a record is prohibited or restricted, even if access is authorised under this Act.\n(sec.6-ssec.2) Subsection (1) does not affect a provision of this Act or another Act that expressly deals with the interaction between this Act and the other Act.\n- (a) that an entity is, or is not, a public authority under this Act;\n- (b) that a record is, or is not, a public record under this Act;\n- (c) that access to, or disposal of, a record is authorised, even if access or disposal is not authorised under this Act;\n- (d) that access to a record is prohibited or restricted, even if access is authorised under this Act.","sortOrder":7},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is a public authority","content":"### sec.8 What is a public authority\n\nEach of the following entities is a public authority —\nthe Governor in the Governor’s official capacity;\nthe Executive Council;\na Minister;\nan Assistant Minister;\nthe registrar or other officer of a court with responsibility for official records of the court;\na commission of inquiry under the Commissions of Inquiry Act 1950 ;\nan entity, other than the parliamentary service, that—\nis established by an Act; or\nis created by the Governor in Council or a Minister;\na department;\na government owned corporation;\na rail government entity under the Transport Infrastructure Act 1994 ;\nan entity established by the State and a local government;\na local government.\nHowever, a regulation may prescribe that an entity that is otherwise a public authority under subsection (1) (f) , (g) , (i) or (k) —\nis not a public authority; or\nis not a public authority for a particular function.\nAlso, a regulation may prescribe that an entity that is otherwise not a public authority under subsection (1) —\nis a public authority; or\nis a public authority for a particular function.\nIn this section—\nparliamentary service means the parliamentary service established under the Parliamentary Service Act 1988 , section 23 .\n(sec.8-ssec.1) Each of the following entities is a public authority — the Governor in the Governor’s official capacity; the Executive Council; a Minister; an Assistant Minister; the registrar or other officer of a court with responsibility for official records of the court; a commission of inquiry under the Commissions of Inquiry Act 1950 ; an entity, other than the parliamentary service, that— is established by an Act; or is created by the Governor in Council or a Minister; a department; a government owned corporation; a rail government entity under the Transport Infrastructure Act 1994 ; an entity established by the State and a local government; a local government.\n(sec.8-ssec.2) However, a regulation may prescribe that an entity that is otherwise a public authority under subsection (1) (f) , (g) , (i) or (k) — is not a public authority; or is not a public authority for a particular function.\n(sec.8-ssec.3) Also, a regulation may prescribe that an entity that is otherwise not a public authority under subsection (1) — is a public authority; or is a public authority for a particular function.\n(sec.8-ssec.4) In this section— parliamentary service means the parliamentary service established under the Parliamentary Service Act 1988 , section 23 .\n- (a) the Governor in the Governor’s official capacity;\n- (b) the Executive Council;\n- (c) a Minister;\n- (d) an Assistant Minister;\n- (e) the registrar or other officer of a court with responsibility for official records of the court;\n- (f) a commission of inquiry under the Commissions of Inquiry Act 1950 ;\n- (g) an entity, other than the parliamentary service, that— (i) is established by an Act; or (ii) is created by the Governor in Council or a Minister;\n- (i) is established by an Act; or\n- (ii) is created by the Governor in Council or a Minister;\n- (h) a department;\n- (i) a government owned corporation;\n- (j) a rail government entity under the Transport Infrastructure Act 1994 ;\n- (k) an entity established by the State and a local government;\n- (l) a local government.\n- (i) is established by an Act; or\n- (ii) is created by the Governor in Council or a Minister;\n- (a) is not a public authority; or\n- (b) is not a public authority for a particular function.\n- (a) is a public authority; or\n- (b) is a public authority for a particular function.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is a public record","content":"### sec.9 What is a public record\n\nA public record —\nis a Ministerial record of a Minister or an Assistant Minister; or\nis information recorded on, in or by using any medium—\nthat is made, received or kept in the course of another public authority carrying out activities for a purpose of the authority, including the exercise of its statutory, administrative or other public responsibilities; and\nthat evidences the activities, affairs or business of the authority.\nAlso, a public record is any of the following—\nany information connected to a public record to identify or contextualise the record;\nlogs, metadata\na copy of a public record;\na part of a public record or a copy of a part of a public record.\nHowever, each of the following is a public record only if the Governor agrees to it being a public record—\ncorrespondence between the Governor and the Sovereign;\ncorrespondence between the Governor and the Governor-General;\ncorrespondence between the Governor and the Governor of another State.\n(sec.9-ssec.1) A public record — is a Ministerial record of a Minister or an Assistant Minister; or is information recorded on, in or by using any medium— that is made, received or kept in the course of another public authority carrying out activities for a purpose of the authority, including the exercise of its statutory, administrative or other public responsibilities; and that evidences the activities, affairs or business of the authority.\n(sec.9-ssec.2) Also, a public record is any of the following— any information connected to a public record to identify or contextualise the record; logs, metadata a copy of a public record; a part of a public record or a copy of a part of a public record.\n(sec.9-ssec.3) However, each of the following is a public record only if the Governor agrees to it being a public record— correspondence between the Governor and the Sovereign; correspondence between the Governor and the Governor-General; correspondence between the Governor and the Governor of another State.\n- (a) is a Ministerial record of a Minister or an Assistant Minister; or\n- (b) is information recorded on, in or by using any medium— (i) that is made, received or kept in the course of another public authority carrying out activities for a purpose of the authority, including the exercise of its statutory, administrative or other public responsibilities; and (ii) that evidences the activities, affairs or business of the authority.\n- (i) that is made, received or kept in the course of another public authority carrying out activities for a purpose of the authority, including the exercise of its statutory, administrative or other public responsibilities; and\n- (ii) that evidences the activities, affairs or business of the authority.\n- (i) that is made, received or kept in the course of another public authority carrying out activities for a purpose of the authority, including the exercise of its statutory, administrative or other public responsibilities; and\n- (ii) that evidences the activities, affairs or business of the authority.\n- (a) any information connected to a public record to identify or contextualise the record; Examples for paragraph (a) — logs, metadata\n- (b) a copy of a public record;\n- (c) a part of a public record or a copy of a part of a public record.\n- (a) correspondence between the Governor and the Sovereign;\n- (b) correspondence between the Governor and the Governor-General;\n- (c) correspondence between the Governor and the Governor of another State.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is a Ministerial record","content":"### sec.10 What is a Ministerial record\n\nA Ministerial record , of a Minister or an Assistant Minister—\nis information recorded on, in or by using any medium that is made or received—\nby the Minister in the course of carrying out the Minister’s portfolio responsibilities; or\nby the Assistant Minister in the course of carrying out the Assistant Minister’s official duties; but\ndoes not include information that relates to—\npersonal activities; or\nparty political activities; or\nactivities in the capacity of being a member of the Legislative Assembly and the representative of an electorate.\n- (a) is information recorded on, in or by using any medium that is made or received— (i) by the Minister in the course of carrying out the Minister’s portfolio responsibilities; or (ii) by the Assistant Minister in the course of carrying out the Assistant Minister’s official duties; but\n- (i) by the Minister in the course of carrying out the Minister’s portfolio responsibilities; or\n- (ii) by the Assistant Minister in the course of carrying out the Assistant Minister’s official duties; but\n- (b) does not include information that relates to— (i) personal activities; or (ii) party political activities; or (iii) activities in the capacity of being a member of the Legislative Assembly and the representative of an electorate.\n- (i) personal activities; or\n- (ii) party political activities; or\n- (iii) activities in the capacity of being a member of the Legislative Assembly and the representative of an electorate.\n- (i) by the Minister in the course of carrying out the Minister’s portfolio responsibilities; or\n- (ii) by the Assistant Minister in the course of carrying out the Assistant Minister’s official duties; but\n- (i) personal activities; or\n- (ii) party political activities; or\n- (iii) activities in the capacity of being a member of the Legislative Assembly and the representative of an electorate.","sortOrder":12},{"sectionNumber":"pt.2","sectionType":"part","heading":"Public record requirements","content":"# Public record requirements","sortOrder":13},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Requirements for particular public authorities","content":"### sec.11 Requirements for particular public authorities\n\nThis section applies in relation to a requirement of this Act applying to a public authority that is not an individual.\nThe chief executive of the public authority must ensure the public authority complies with the requirement.\nThis section does not limit a requirement or responsibility imposed on the chief executive under another Act.\nSee, for example—\nthe Public Sector Act 2022 , section 41 ; and\nthe Local Government Act 2009 , section 13 .\nIn this section—\nchief executive , of a public authority, means—\nif the authority is a department—the chief executive of the department; or\nif the authority is a local government—the chief executive officer of the local government; or\nif the authority has a governing body—the chairperson, however called, of the governing body of the authority; or\notherwise—the person who is responsible for the day-to-day management of the authority or the authority’s activities.\n(sec.11-ssec.1) This section applies in relation to a requirement of this Act applying to a public authority that is not an individual.\n(sec.11-ssec.2) The chief executive of the public authority must ensure the public authority complies with the requirement.\n(sec.11-ssec.3) This section does not limit a requirement or responsibility imposed on the chief executive under another Act. See, for example— the Public Sector Act 2022 , section 41 ; and the Local Government Act 2009 , section 13 .\n(sec.11-ssec.4) In this section— chief executive , of a public authority, means— if the authority is a department—the chief executive of the department; or if the authority is a local government—the chief executive officer of the local government; or if the authority has a governing body—the chairperson, however called, of the governing body of the authority; or otherwise—the person who is responsible for the day-to-day management of the authority or the authority’s activities.\n- (a) the Public Sector Act 2022 , section 41 ; and\n- (b) the Local Government Act 2009 , section 13 .\n- (a) if the authority is a department—the chief executive of the department; or\n- (b) if the authority is a local government—the chief executive officer of the local government; or\n- (c) if the authority has a governing body—the chairperson, however called, of the governing body of the authority; or\n- (d) otherwise—the person who is responsible for the day-to-day management of the authority or the authority’s activities.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Compliance with standards and regard for policies and guidelines","content":"### sec.12 Compliance with standards and regard for policies and guidelines\n\nIn making or managing a public record, a public authority—\nmust comply with any relevant standards made by the archivist; and\nmust have regard to any relevant policy made by the archivist; and\nmay have regard to any relevant guidelines made by the archivist.\nSee section 46 for how the archivist makes standards, policies and guidelines.\n- (a) must comply with any relevant standards made by the archivist; and\n- (b) must have regard to any relevant policy made by the archivist; and\n- (c) may have regard to any relevant guidelines made by the archivist.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Ownership of public records","content":"### sec.13 Ownership of public records\n\nOwnership of a public record of a local government vests in the local government.\nOwnership of another public record vests in—\nif the responsible public authority for the record has custody of the record—the public authority; or\notherwise—the State.\n(sec.13-ssec.1) Ownership of a public record of a local government vests in the local government.\n(sec.13-ssec.2) Ownership of another public record vests in— if the responsible public authority for the record has custody of the record—the public authority; or otherwise—the State.\n- (a) if the responsible public authority for the record has custody of the record—the public authority; or\n- (b) otherwise—the State.","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Making and managing public records","content":"## Making and managing public records","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Making and keeping public records","content":"### sec.14 Making and keeping public records\n\nA public authority must ensure its public records are made in a way that accurately shows—\nthe actions or decisions of the authority; and\nthe matters that inform or contextualise the actions or decisions of the authority.\nThe public authority must keep the public records made by the authority.\nSubsection (2) does not prevent disposal of the public record under a disposal authorisation.\n(sec.14-ssec.1) A public authority must ensure its public records are made in a way that accurately shows— the actions or decisions of the authority; and the matters that inform or contextualise the actions or decisions of the authority.\n(sec.14-ssec.2) The public authority must keep the public records made by the authority.\n(sec.14-ssec.3) Subsection (2) does not prevent disposal of the public record under a disposal authorisation.\n- (a) the actions or decisions of the authority; and\n- (b) the matters that inform or contextualise the actions or decisions of the authority.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Safe keeping and preservation of public records","content":"### sec.15 Safe keeping and preservation of public records\n\nA public authority must ensure the safe keeping and preservation of a public record it controls.\nA public authority may arrange for another entity, other than the archives, to store a public record for the entity only if the arrangement provides—\nfor the safe keeping and preservation of the record; and\nfor access by the authority to the record.\nSee section 25 in relation to giving custody of a public record to the archives.\nSubsections (1) and (2) do not prevent disposal of the public record under a disposal authorisation.\n(sec.15-ssec.1) A public authority must ensure the safe keeping and preservation of a public record it controls.\n(sec.15-ssec.2) A public authority may arrange for another entity, other than the archives, to store a public record for the entity only if the arrangement provides— for the safe keeping and preservation of the record; and for access by the authority to the record. See section 25 in relation to giving custody of a public record to the archives.\n(sec.15-ssec.3) Subsections (1) and (2) do not prevent disposal of the public record under a disposal authorisation.\n- (a) for the safe keeping and preservation of the record; and\n- (b) for access by the authority to the record.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Control of public records when public authority changes","content":"### sec.16 Control of public records when public authority changes\n\nThis section applies if a function of a public authority (an original authority ) is transferred to another public authority.\nThe original authority must give control of any public record of the authority relating to the function to the other public authority.\nThis section does not apply if section 17 or 18 applies.\n(sec.16-ssec.1) This section applies if a function of a public authority (an original authority ) is transferred to another public authority.\n(sec.16-ssec.2) The original authority must give control of any public record of the authority relating to the function to the other public authority.\n(sec.16-ssec.3) This section does not apply if section 17 or 18 applies.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Control of public records when public authority ends","content":"### sec.17 Control of public records when public authority ends\n\nThis section applies if a public authority (an original authority ) will cease to exist or has ceased to exist.\nThe original authority must give control of any public record of the authority to an entity (the receiving entity ) as follows—\nif the original authority is a commission of inquiry under the Commissions of Inquiry Act 1950 —the department with responsibility for administering that Act;\nif the function of the original authority to which the public record relates is to be carried out by another public authority—the other public authority;\notherwise—the archivist or another public authority decided by the archivist.\nHowever, if the original authority has ceased to exist before control of the public record has been given, the receiving entity must take action to obtain control of the record.\nFor subsection (2) (c) , the archivist must—\nkeep a list, updated from time to time, stating the original authority that has ceased to exist and the public authority decided under the subsection; and\npublish the list on the archives website.\nA regulation may prescribe a public authority to be given control of a public record that is different from the receiving entity for the record under subsection (2) .\nThis section does not apply if section 18 applies.\n(sec.17-ssec.1) This section applies if a public authority (an original authority ) will cease to exist or has ceased to exist.\n(sec.17-ssec.2) The original authority must give control of any public record of the authority to an entity (the receiving entity ) as follows— if the original authority is a commission of inquiry under the Commissions of Inquiry Act 1950 —the department with responsibility for administering that Act; if the function of the original authority to which the public record relates is to be carried out by another public authority—the other public authority; otherwise—the archivist or another public authority decided by the archivist.\n(sec.17-ssec.3) However, if the original authority has ceased to exist before control of the public record has been given, the receiving entity must take action to obtain control of the record.\n(sec.17-ssec.4) For subsection (2) (c) , the archivist must— keep a list, updated from time to time, stating the original authority that has ceased to exist and the public authority decided under the subsection; and publish the list on the archives website.\n(sec.17-ssec.5) A regulation may prescribe a public authority to be given control of a public record that is different from the receiving entity for the record under subsection (2) .\n(sec.17-ssec.6) This section does not apply if section 18 applies.\n- (a) if the original authority is a commission of inquiry under the Commissions of Inquiry Act 1950 —the department with responsibility for administering that Act;\n- (b) if the function of the original authority to which the public record relates is to be carried out by another public authority—the other public authority;\n- (c) otherwise—the archivist or another public authority decided by the archivist.\n- (a) keep a list, updated from time to time, stating the original authority that has ceased to exist and the public authority decided under the subsection; and\n- (b) publish the list on the archives website.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Control of public records when Minister or Assistant Minister ends office or responsibilities","content":"### sec.18 Control of public records when Minister or Assistant Minister ends office or responsibilities\n\nThis section applies if—\na person’s appointment as a Minister or an Assistant Minister ends; or\na person ceases to be a Minister or an Assistant Minister with particular responsibilities.\nControl of a relevant public record of the Minister or Assistant Minister must be given to—\nif the appointment ended or responsibilities ceased because of a change in the political party governing the office of the Minister or Assistant Minister—the archives; or\nif paragraph (a) does not apply and the responsibilities are to be carried out by another public authority, including under another Ministerial portfolio—the other public authority; or\notherwise—the archives.\nThe entity being given control of the relevant public record must take action to obtain control of the record.\nIn this section—\nrelevant public record means a Ministerial record of a Minister or an Assistant Minister—\nmade or received during the period the Minister or Assistant Minister held office; or\nmade or received in relation to the responsibilities held by the Minister or Assistant Minister.\nresponsibilities means—\nfor a Minister—portfolio responsibilities; or\nfor an Assistant Minister—official duties.\n(sec.18-ssec.1) This section applies if— a person’s appointment as a Minister or an Assistant Minister ends; or a person ceases to be a Minister or an Assistant Minister with particular responsibilities.\n(sec.18-ssec.2) Control of a relevant public record of the Minister or Assistant Minister must be given to— if the appointment ended or responsibilities ceased because of a change in the political party governing the office of the Minister or Assistant Minister—the archives; or if paragraph (a) does not apply and the responsibilities are to be carried out by another public authority, including under another Ministerial portfolio—the other public authority; or otherwise—the archives.\n(sec.18-ssec.3) The entity being given control of the relevant public record must take action to obtain control of the record.\n(sec.18-ssec.4) In this section— relevant public record means a Ministerial record of a Minister or an Assistant Minister— made or received during the period the Minister or Assistant Minister held office; or made or received in relation to the responsibilities held by the Minister or Assistant Minister. responsibilities means— for a Minister—portfolio responsibilities; or for an Assistant Minister—official duties.\n- (a) a person’s appointment as a Minister or an Assistant Minister ends; or\n- (b) a person ceases to be a Minister or an Assistant Minister with particular responsibilities.\n- (a) if the appointment ended or responsibilities ceased because of a change in the political party governing the office of the Minister or Assistant Minister—the archives; or\n- (b) if paragraph (a) does not apply and the responsibilities are to be carried out by another public authority, including under another Ministerial portfolio—the other public authority; or\n- (c) otherwise—the archives.\n- (a) made or received during the period the Minister or Assistant Minister held office; or\n- (b) made or received in relation to the responsibilities held by the Minister or Assistant Minister.\n- (a) for a Minister—portfolio responsibilities; or\n- (b) for an Assistant Minister—official duties.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Accessibility of public records","content":"### sec.19 Accessibility of public records\n\nThis section applies in relation to a public record—\nthat is in the custody of a public authority; and\nthat requires the use of particular equipment, systems or technology to produce the record or make the record available.\nThe public authority must take all reasonable steps to ensure the public record maintains its integrity and remains able to be produced or made available.\n(sec.19-ssec.1) This section applies in relation to a public record— that is in the custody of a public authority; and that requires the use of particular equipment, systems or technology to produce the record or make the record available.\n(sec.19-ssec.2) The public authority must take all reasonable steps to ensure the public record maintains its integrity and remains able to be produced or made available.\n- (a) that is in the custody of a public authority; and\n- (b) that requires the use of particular equipment, systems or technology to produce the record or make the record available.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Archivist may authorise disposal of public records","content":"### sec.20 Archivist may authorise disposal of public records\n\nThe archivist may authorise disposal of a public record, or class of public record, if a responsible public authority for the record or class—\nhas applied to the archivist to dispose of the record or class; or\nhas consented to the disposal of the record or class.\nAn authorisation given under subsection (1) is a disposal authorisation .\nIn authorising the disposal of a public record or class of public record, the archivist must have regard to—\nthe main purpose of, and principles for administering, this Act; and\nany archives appraisal statement; and\nany industry or professional standards relevant to the record or class.\nSubsection (5) applies if the archives is the responsible public authority for a public record because of section 17 or 18 .\nBefore disposing of the public record under a disposal authorisation, the archivist must ask the committee to advise whether the record should be disposed of.\nTo remove any doubt, it is declared that the registrar or other officer of a court with responsibility for public records may apply for, or consent to, the disposal of a public record or class of public record.\n(sec.20-ssec.1) The archivist may authorise disposal of a public record, or class of public record, if a responsible public authority for the record or class— has applied to the archivist to dispose of the record or class; or has consented to the disposal of the record or class.\n(sec.20-ssec.2) An authorisation given under subsection (1) is a disposal authorisation .\n(sec.20-ssec.3) In authorising the disposal of a public record or class of public record, the archivist must have regard to— the main purpose of, and principles for administering, this Act; and any archives appraisal statement; and any industry or professional standards relevant to the record or class.\n(sec.20-ssec.4) Subsection (5) applies if the archives is the responsible public authority for a public record because of section 17 or 18 .\n(sec.20-ssec.5) Before disposing of the public record under a disposal authorisation, the archivist must ask the committee to advise whether the record should be disposed of.\n(sec.20-ssec.6) To remove any doubt, it is declared that the registrar or other officer of a court with responsibility for public records may apply for, or consent to, the disposal of a public record or class of public record.\n- (a) has applied to the archivist to dispose of the record or class; or\n- (b) has consented to the disposal of the record or class.\n- (a) the main purpose of, and principles for administering, this Act; and\n- (b) any archives appraisal statement; and\n- (c) any industry or professional standards relevant to the record or class.","sortOrder":25},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Protecting public records","content":"## Protecting public records","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Notifying archives about particular public records","content":"### sec.21 Notifying archives about particular public records\n\nA public authority must give notice to the archivist if the authority has custody of a public record—\nthat is more than 25 years old; or\nthat the authority knows, or ought reasonably to know—\nis of permanent value, regardless of its age; and\nis at risk of loss or damage.\na hard copy public record held in a storage facility that periodically floods\na digital public record held in an electronic system to be decommissioned\n- (a) that is more than 25 years old; or\n- (b) that the authority knows, or ought reasonably to know— (i) is of permanent value, regardless of its age; and (ii) is at risk of loss or damage. Examples for paragraph (b) (ii) — • a hard copy public record held in a storage facility that periodically floods • a digital public record held in an electronic system to be decommissioned\n- (i) is of permanent value, regardless of its age; and\n- (ii) is at risk of loss or damage.\n- • a hard copy public record held in a storage facility that periodically floods\n- • a digital public record held in an electronic system to be decommissioned\n- (i) is of permanent value, regardless of its age; and\n- (ii) is at risk of loss or damage.\n- • a hard copy public record held in a storage facility that periodically floods\n- • a digital public record held in an electronic system to be decommissioned","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Offence to damage particular public records","content":"### sec.22 Offence to damage particular public records\n\nA person must not, without legal authority or a reasonable excuse, damage a public record that the person knows, or ought reasonably to know—\nis more than 25 years old; or\nis of permanent value, regardless of its age.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the archivist or staff of the archives necessarily damaging a public record in carrying out an accepted archival or conservation practice in relation to the record.\n(sec.22-ssec.1) A person must not, without legal authority or a reasonable excuse, damage a public record that the person knows, or ought reasonably to know— is more than 25 years old; or is of permanent value, regardless of its age. Maximum penalty—100 penalty units.\n(sec.22-ssec.2) Subsection (1) does not apply to the archivist or staff of the archives necessarily damaging a public record in carrying out an accepted archival or conservation practice in relation to the record.\n- (a) is more than 25 years old; or\n- (b) is of permanent value, regardless of its age.","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Unlawful disposal of public records","content":"### sec.23 Unlawful disposal of public records\n\nA person must not dispose of a public record or attempt to dispose of a public record unless—\nthe public record is disposed of under a disposal authorisation or other legal authority; or\nthe person has a reasonable excuse.\nMaximum penalty—165 penalty units.\nSee also section 24 (6) about the effect of a protection notice.\n- (a) the public record is disposed of under a disposal authorisation or other legal authority; or\n- (b) the person has a reasonable excuse.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Protection notice for public records","content":"### sec.24 Protection notice for public records\n\nThis section applies if the archivist considers—\nthat a class of public record relating to a matter is, or is likely to be, reasonably necessary for consideration or examination by an investigative entity; and\nthat it is not reasonably practicable for the archivist to identify each public record relating to the matter that is authorised for disposal under any disposal authorisation.\nThe archivist may declare by notice (a protection notice ) published on the archives website that a disposal authorisation for the class of public record is suspended for a particular period.\nThe protection notice must state—\nthe class of public record to which the notice applies; and\nthe day, not earlier than the day the notice is published on the archives website, that the notice takes effect; and\nthe period for which the notice has effect.\nThe period mentioned in subsection (3) (c) must be no longer than is reasonably necessary for the investigative entity to investigate or inquire into the matter.\nThe archivist must take all reasonable steps to ensure a public authority that is likely to be affected by the protection notice is aware of the notice, including, for example, by—\ngiving the notice to an employee of a public authority responsible for managing the authority’s public records; and\npublishing the notice on the archives website.\nFor applying a provision of this Act, a disposal authorisation is taken not to authorise disposal of a public record in the class of public record to which a protection notice applies for the period the notice has effect.\nIn this section—\ninvestigative entity means an entity established, or to be established, under a law to investigate or conduct an inquiry into a matter.\na commission of inquiry under the Commissions of Inquiry Act 1950\na Royal Commission under the Royal Commissions Act 1902 (Cwlth)\ns 24 amd 2024 No. 53 s 27 sch 1\n(sec.24-ssec.1) This section applies if the archivist considers— that a class of public record relating to a matter is, or is likely to be, reasonably necessary for consideration or examination by an investigative entity; and that it is not reasonably practicable for the archivist to identify each public record relating to the matter that is authorised for disposal under any disposal authorisation.\n(sec.24-ssec.2) The archivist may declare by notice (a protection notice ) published on the archives website that a disposal authorisation for the class of public record is suspended for a particular period.\n(sec.24-ssec.3) The protection notice must state— the class of public record to which the notice applies; and the day, not earlier than the day the notice is published on the archives website, that the notice takes effect; and the period for which the notice has effect.\n(sec.24-ssec.4) The period mentioned in subsection (3) (c) must be no longer than is reasonably necessary for the investigative entity to investigate or inquire into the matter.\n(sec.24-ssec.5) The archivist must take all reasonable steps to ensure a public authority that is likely to be affected by the protection notice is aware of the notice, including, for example, by— giving the notice to an employee of a public authority responsible for managing the authority’s public records; and publishing the notice on the archives website.\n(sec.24-ssec.6) For applying a provision of this Act, a disposal authorisation is taken not to authorise disposal of a public record in the class of public record to which a protection notice applies for the period the notice has effect.\n(sec.24-ssec.7) In this section— investigative entity means an entity established, or to be established, under a law to investigate or conduct an inquiry into a matter. a commission of inquiry under the Commissions of Inquiry Act 1950 a Royal Commission under the Royal Commissions Act 1902 (Cwlth)\n- (a) that a class of public record relating to a matter is, or is likely to be, reasonably necessary for consideration or examination by an investigative entity; and\n- (b) that it is not reasonably practicable for the archivist to identify each public record relating to the matter that is authorised for disposal under any disposal authorisation.\n- (a) the class of public record to which the notice applies; and\n- (b) the day, not earlier than the day the notice is published on the archives website, that the notice takes effect; and\n- (c) the period for which the notice has effect.\n- (a) giving the notice to an employee of a public authority responsible for managing the authority’s public records; and\n- (b) publishing the notice on the archives website.\n- • a commission of inquiry under the Commissions of Inquiry Act 1950\n- • a Royal Commission under the Royal Commissions Act 1902 (Cwlth)","sortOrder":30},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Giving custody of public records to archives","content":"## Giving custody of public records to archives","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Public records that may be given to archives","content":"### sec.25 Public records that may be given to archives\n\nA public authority may, if authorised by the archivist, give custody of a public record of permanent value to the archives if—\nthe authority no longer needs custody of the record; or\nthe authority or the archives considers the record is at risk of loss or damage.\nThe archivist must ensure a public record given to the archives under this section is made available to the public authority, as reasonably needed by the authority.\nThe archivist may impose a reasonable charge for making a public record available to a public authority.\nSee also sections 17 and 18 about other public records under the control of the archives.\n(sec.25-ssec.1) A public authority may, if authorised by the archivist, give custody of a public record of permanent value to the archives if— the authority no longer needs custody of the record; or the authority or the archives considers the record is at risk of loss or damage.\n(sec.25-ssec.2) The archivist must ensure a public record given to the archives under this section is made available to the public authority, as reasonably needed by the authority.\n(sec.25-ssec.3) The archivist may impose a reasonable charge for making a public record available to a public authority.\n- (a) the authority no longer needs custody of the record; or\n- (b) the authority or the archives considers the record is at risk of loss or damage.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Archives may take custody of particular public records","content":"### sec.26 Archives may take custody of particular public records\n\nThis section applies if the archivist considers—\na public authority has custody of a public record that is more than 25 years old; or\na public authority has custody of a public record that—\nis of permanent value, regardless of its age; and\nis at risk of loss or damage; and\ndoes not need to be in the custody of the authority.\nThe archivist may do any of the following—\ntake custody of the public record;\ntake a copy of the public record;\ngive directions about the custody or preservation of the public record;\ngive directions about keeping or maintaining systems for accessing the public record.\nHowever, the archivist may act under subsection (2) only after giving a notice to the public authority—\nstating the reason the archivist considers this section applies to the public record; and\nstating the archivist’s proposed action; and\nif the archivist proposes to take custody of the record—asking the authority to consider giving the archives custody of the record within a reasonable period, stated in the notice; and\ninviting the authority to make a submission about the archivist’s proposed action within a reasonable period, stated in the notice.\nThe archivist must also give the notice to the responsible public authority for the public record, if it is not the authority that has custody of the record.\nThe archivist must consider any submissions made to the archivist before taking the proposed action.\n(sec.26-ssec.1) This section applies if the archivist considers— a public authority has custody of a public record that is more than 25 years old; or a public authority has custody of a public record that— is of permanent value, regardless of its age; and is at risk of loss or damage; and does not need to be in the custody of the authority.\n(sec.26-ssec.2) The archivist may do any of the following— take custody of the public record; take a copy of the public record; give directions about the custody or preservation of the public record; give directions about keeping or maintaining systems for accessing the public record.\n(sec.26-ssec.3) However, the archivist may act under subsection (2) only after giving a notice to the public authority— stating the reason the archivist considers this section applies to the public record; and stating the archivist’s proposed action; and if the archivist proposes to take custody of the record—asking the authority to consider giving the archives custody of the record within a reasonable period, stated in the notice; and inviting the authority to make a submission about the archivist’s proposed action within a reasonable period, stated in the notice.\n(sec.26-ssec.4) The archivist must also give the notice to the responsible public authority for the public record, if it is not the authority that has custody of the record.\n(sec.26-ssec.5) The archivist must consider any submissions made to the archivist before taking the proposed action.\n- (a) a public authority has custody of a public record that is more than 25 years old; or\n- (b) a public authority has custody of a public record that— (i) is of permanent value, regardless of its age; and (ii) is at risk of loss or damage; and (iii) does not need to be in the custody of the authority.\n- (i) is of permanent value, regardless of its age; and\n- (ii) is at risk of loss or damage; and\n- (iii) does not need to be in the custody of the authority.\n- (i) is of permanent value, regardless of its age; and\n- (ii) is at risk of loss or damage; and\n- (iii) does not need to be in the custody of the authority.\n- (a) take custody of the public record;\n- (b) take a copy of the public record;\n- (c) give directions about the custody or preservation of the public record;\n- (d) give directions about keeping or maintaining systems for accessing the public record.\n- (a) stating the reason the archivist considers this section applies to the public record; and\n- (b) stating the archivist’s proposed action; and\n- (c) if the archivist proposes to take custody of the record—asking the authority to consider giving the archives custody of the record within a reasonable period, stated in the notice; and\n- (d) inviting the authority to make a submission about the archivist’s proposed action within a reasonable period, stated in the notice.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Retention of public records of permanent value","content":"### sec.27 Retention of public records of permanent value\n\nThis section applies to a public record—\nthat has been identified by the archivist to be of permanent value; and\nthat is in the custody of the archives.\nThe public record may be removed from the archives only if the archivist is satisfied—\nthat the record is reasonably needed by a public authority; or\nthat there is another adequate reason for allowing the record to be removed.\nThis section does not prevent the disposal of a public record under a disposal authorisation.\n(sec.27-ssec.1) This section applies to a public record— that has been identified by the archivist to be of permanent value; and that is in the custody of the archives.\n(sec.27-ssec.2) The public record may be removed from the archives only if the archivist is satisfied— that the record is reasonably needed by a public authority; or that there is another adequate reason for allowing the record to be removed.\n(sec.27-ssec.3) This section does not prevent the disposal of a public record under a disposal authorisation.\n- (a) that has been identified by the archivist to be of permanent value; and\n- (b) that is in the custody of the archives.\n- (a) that the record is reasonably needed by a public authority; or\n- (b) that there is another adequate reason for allowing the record to be removed.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Restricted access notice and restricted access period","content":"### sec.28 Restricted access notice and restricted access period\n\nA public record in the custody of the archives is an open record unless the responsible public authority for the record, in a notice given to the archivist—\nstates the record is a regulated record or contains restricted information; and\nstates the period of time, worked out under this division, for which the public’s access to the record is restricted.\nA notice given by a public authority stating the matters mentioned in subsection (1) is a restricted access notice for the public record.\nSee section 32 about reviewing and replacing a restricted access notice.\nA period mentioned in subsection (1) (b) is the restricted access period for the public record.\nAlso, if the archivist changes a period of time under section 40 , the new period is taken to be the restricted access period for the record.\n(sec.28-ssec.1) A public record in the custody of the archives is an open record unless the responsible public authority for the record, in a notice given to the archivist— states the record is a regulated record or contains restricted information; and states the period of time, worked out under this division, for which the public’s access to the record is restricted.\n(sec.28-ssec.2) A notice given by a public authority stating the matters mentioned in subsection (1) is a restricted access notice for the public record. See section 32 about reviewing and replacing a restricted access notice.\n(sec.28-ssec.3) A period mentioned in subsection (1) (b) is the restricted access period for the public record.\n(sec.28-ssec.4) Also, if the archivist changes a period of time under section 40 , the new period is taken to be the restricted access period for the record.\n- (a) states the record is a regulated record or contains restricted information; and\n- (b) states the period of time, worked out under this division, for which the public’s access to the record is restricted.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Working out period for regulated record","content":"### sec.29 Working out period for regulated record\n\nThis section applies for working out the restricted access period for a regulated record.\nIf the regulated record contains restricted information, the restricted access period must be—\nat least the number of years in column 2 of schedule 2 , part 2 , opposite the class of the record; and\nno more than the number of years in column 2 of schedule 2 , part 3 , opposite the class of restricted information contained in the record.\nIf subsection (2) does not apply, the restricted access period for the regulated record is the number of years in column 2 of schedule 2 , part 2 , opposite the class of the record.\n(sec.29-ssec.1) This section applies for working out the restricted access period for a regulated record.\n(sec.29-ssec.2) If the regulated record contains restricted information, the restricted access period must be— at least the number of years in column 2 of schedule 2 , part 2 , opposite the class of the record; and no more than the number of years in column 2 of schedule 2 , part 3 , opposite the class of restricted information contained in the record.\n(sec.29-ssec.3) If subsection (2) does not apply, the restricted access period for the regulated record is the number of years in column 2 of schedule 2 , part 2 , opposite the class of the record.\n- (a) at least the number of years in column 2 of schedule 2 , part 2 , opposite the class of the record; and\n- (b) no more than the number of years in column 2 of schedule 2 , part 3 , opposite the class of restricted information contained in the record.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Working out period for restricted information","content":"### sec.30 Working out period for restricted information\n\nThis section applies for working out the restricted access period for a public record, other than a regulated record, that contains restricted information.\nThe restricted access period must be no more than the number of years in column 2 of schedule 2 , part 3 , opposite the class of restricted information contained in the record.\n(sec.30-ssec.1) This section applies for working out the restricted access period for a public record, other than a regulated record, that contains restricted information.\n(sec.30-ssec.2) The restricted access period must be no more than the number of years in column 2 of schedule 2 , part 3 , opposite the class of restricted information contained in the record.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"When restricted access period has effect","content":"### sec.31 When restricted access period has effect\n\nThe restricted access period for a public record starts at the beginning of the day the last action happened for the record.\nHowever, subsection (3) applies if—\nthe day the last action happened is unable to be worked out for the public record; or\nthe recording of information for the public record is ongoing.\nThe archivist and the responsible public authority for the public record may agree on the day, as stated in the restricted access notice, that the restricted access period starts.\nThe day mentioned in subsection (3) must not reduce a period of time mentioned in schedule 2 , part 2 for information contained in the public record.\nThe restricted access period ends at the end of the day on which the period stated in the restricted access notice has elapsed.\nIf the stated period is 30 years starting at the beginning of the day on 1 January 2024, the period ends at the end of the day on 31 December 2053 and the public record is no longer restricted from the beginning of the day on 1 January 2054.\nIn this section—\nlast action , for a public record—\nmeans the last action of recording information for the record; but\ndoes not include an action that involves accessing or moving the record, or editing information for the record, in a way that does not affect the integrity of the record.\nplacing a public record on a file\nmigrating a public record to a new computer system\n(sec.31-ssec.1) The restricted access period for a public record starts at the beginning of the day the last action happened for the record.\n(sec.31-ssec.2) However, subsection (3) applies if— the day the last action happened is unable to be worked out for the public record; or the recording of information for the public record is ongoing.\n(sec.31-ssec.3) The archivist and the responsible public authority for the public record may agree on the day, as stated in the restricted access notice, that the restricted access period starts.\n(sec.31-ssec.4) The day mentioned in subsection (3) must not reduce a period of time mentioned in schedule 2 , part 2 for information contained in the public record.\n(sec.31-ssec.5) The restricted access period ends at the end of the day on which the period stated in the restricted access notice has elapsed. If the stated period is 30 years starting at the beginning of the day on 1 January 2024, the period ends at the end of the day on 31 December 2053 and the public record is no longer restricted from the beginning of the day on 1 January 2054.\n(sec.31-ssec.6) In this section— last action , for a public record— means the last action of recording information for the record; but does not include an action that involves accessing or moving the record, or editing information for the record, in a way that does not affect the integrity of the record. placing a public record on a file migrating a public record to a new computer system\n- (a) the day the last action happened is unable to be worked out for the public record; or\n- (b) the recording of information for the public record is ongoing.\n- (a) means the last action of recording information for the record; but\n- (b) does not include an action that involves accessing or moving the record, or editing information for the record, in a way that does not affect the integrity of the record. Examples of actions for paragraph (b) — • placing a public record on a file • migrating a public record to a new computer system\n- • placing a public record on a file\n- • migrating a public record to a new computer system\n- • placing a public record on a file\n- • migrating a public record to a new computer system","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Reviewing and replacing restricted access notice","content":"### sec.32 Reviewing and replacing restricted access notice\n\nThis section applies in relation to a restricted access notice (the original notice ) for a public record given to the archivist.\nThe responsible public authority for the public record may, at any time, give a notice (a new notice ) to the archivist changing the matters stated under section 28 (1) .\nAlso, the archivist may, at any time, ask the responsible public authority to review or change the original notice.\nIf the archivist and the responsible public authority do not agree about changing the original notice, the archivist or the responsible public authority may refer the matter to the committee for resolution.\nThe archivist and the responsible public authority must comply with the committee’s decision on the matter.\nA new notice given under this section replaces the original notice.\n(sec.32-ssec.1) This section applies in relation to a restricted access notice (the original notice ) for a public record given to the archivist.\n(sec.32-ssec.2) The responsible public authority for the public record may, at any time, give a notice (a new notice ) to the archivist changing the matters stated under section 28 (1) .\n(sec.32-ssec.3) Also, the archivist may, at any time, ask the responsible public authority to review or change the original notice.\n(sec.32-ssec.4) If the archivist and the responsible public authority do not agree about changing the original notice, the archivist or the responsible public authority may refer the matter to the committee for resolution.\n(sec.32-ssec.5) The archivist and the responsible public authority must comply with the committee’s decision on the matter.\n(sec.32-ssec.6) A new notice given under this section replaces the original notice.","sortOrder":39},{"sectionNumber":"pt.3","sectionType":"part","heading":"Accessing public records in custody of archives","content":"# Accessing public records in custody of archives","sortOrder":40},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of part","content":"### sec.33 Application of part\n\nThis part applies in relation to a public record in the custody of the archives.\nThis part does not prevent a person applying for access, or the archivist giving access, under another law to a public record in the custody of the archives.\nthe Right to Information Act 2009\n(sec.33-ssec.1) This part applies in relation to a public record in the custody of the archives.\n(sec.33-ssec.2) This part does not prevent a person applying for access, or the archivist giving access, under another law to a public record in the custody of the archives.","sortOrder":42},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Access to open records","content":"## Access to open records","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Open records available to public","content":"### sec.34 Open records available to public\n\nSubject to division 4 , the archivist must allow a member of the public access to a public record that is an open record.","sortOrder":44},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Access to restricted records","content":"## Access to restricted records","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application of division","content":"### sec.35 Application of division\n\nThis division applies in relation to a public record, other than a Ministerial record of a Minister or an Assistant Minister, for which the restricted access period has not ended.\nA public record to which this division applies is a restricted record .\nSee also the Right to Information Act 2009 in relation to accessing a document of a Minister, including an Assistant Minister.\n(sec.35-ssec.1) This division applies in relation to a public record, other than a Ministerial record of a Minister or an Assistant Minister, for which the restricted access period has not ended.\n(sec.35-ssec.2) A public record to which this division applies is a restricted record . See also the Right to Information Act 2009 in relation to accessing a document of a Minister, including an Assistant Minister.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Application for access to restricted record","content":"### sec.36 Application for access to restricted record\n\nA person may apply to the archivist for access to a restricted record.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Giving access to restricted record","content":"### sec.37 Giving access to restricted record\n\nThe archivist may give an applicant access to a restricted record only if—\nthe access is approved under section 38 ; or\nthe responsible public authority for the record authorises the access, or the access is otherwise authorised, under another law.\nThe responsible public authority authorises access under the Right to Information Act 2009 .\nIf an approval under section 38 or another authorisation states a condition for access, the archivist may give an applicant access to the restricted record only in accordance with the condition.\n(sec.37-ssec.1) The archivist may give an applicant access to a restricted record only if— the access is approved under section 38 ; or the responsible public authority for the record authorises the access, or the access is otherwise authorised, under another law. The responsible public authority authorises access under the Right to Information Act 2009 .\n(sec.37-ssec.2) If an approval under section 38 or another authorisation states a condition for access, the archivist may give an applicant access to the restricted record only in accordance with the condition.\n- (a) the access is approved under section 38 ; or\n- (b) the responsible public authority for the record authorises the access, or the access is otherwise authorised, under another law. Example for paragraph (b) — The responsible public authority authorises access under the Right to Information Act 2009 .","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Responsible public authority approving access","content":"### sec.38 Responsible public authority approving access\n\nThis section applies if the archivist gives notice to a responsible public authority for a restricted record asking whether an applicant may access the record.\nThe responsible public authority may, by notice given to the archivist—\napprove the applicant accessing the restricted record; or\napprove the applicant accessing the restricted record on any reasonable conditions; or\nrefuse the applicant access to the restricted record.\nThe responsible public authority must respond to the archivist within 35 days after receiving the notice or within a longer period agreed by the archivist.\nIf the responsible public authority refuses access, or imposes conditions on access, the authority must advise the archivist about why it has done so.\nIf the archivist and the responsible public authority do not agree about access to the restricted record, or whether the conditions for access are reasonable, the archivist or authority may refer the matter to the committee for resolution.\nThe archivist and the responsible public authority must comply with the committee’s decision about the matter.\n(sec.38-ssec.1) This section applies if the archivist gives notice to a responsible public authority for a restricted record asking whether an applicant may access the record.\n(sec.38-ssec.2) The responsible public authority may, by notice given to the archivist— approve the applicant accessing the restricted record; or approve the applicant accessing the restricted record on any reasonable conditions; or refuse the applicant access to the restricted record.\n(sec.38-ssec.3) The responsible public authority must respond to the archivist within 35 days after receiving the notice or within a longer period agreed by the archivist.\n(sec.38-ssec.4) If the responsible public authority refuses access, or imposes conditions on access, the authority must advise the archivist about why it has done so.\n(sec.38-ssec.5) If the archivist and the responsible public authority do not agree about access to the restricted record, or whether the conditions for access are reasonable, the archivist or authority may refer the matter to the committee for resolution.\n(sec.38-ssec.6) The archivist and the responsible public authority must comply with the committee’s decision about the matter.\n- (a) approve the applicant accessing the restricted record; or\n- (b) approve the applicant accessing the restricted record on any reasonable conditions; or\n- (c) refuse the applicant access to the restricted record.","sortOrder":49},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Other restrictions on access","content":"## Other restrictions on access","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Refusal if access not practicable","content":"### sec.39 Refusal if access not practicable\n\nThe archivist may refuse a person access to a public record if—\nthe record’s preservation would be detrimentally affected by giving access to the record; or\nthe record is reasonably available for purchase by members of the public under arrangements made by a public authority; or\nthe record is only able to be produced or made available with the use of particular equipment, systems or technology that the archives does not have or is unable to reasonably obtain for use.\n- (a) the record’s preservation would be detrimentally affected by giving access to the record; or\n- (b) the record is reasonably available for purchase by members of the public under arrangements made by a public authority; or\n- (c) the record is only able to be produced or made available with the use of particular equipment, systems or technology that the archives does not have or is unable to reasonably obtain for use.","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Refusal in prescribed circumstances","content":"### sec.40 Refusal in prescribed circumstances\n\nA regulation may prescribe the circumstances in which the archivist may—\nrefuse a person access to a public record; or\nrestrict access by the public to a public record for a period of more than 100 years.\nWithout limiting subsection (1) , the prescribed circumstances may include—\nthe archivist being satisfied that access to a public record would not, on balance, be in the public interest; and\nthe archivist being satisfied that access to a public record would inappropriately reveal culturally sensitive information or personal information.\nFor applying subsection (1) , the regulation may also prescribe any of the following matters—\nprocedures applying to the archivist refusing or restricting access;\nmatters to be considered by the archivist for refusing or restricting access;\nmaximum periods of time for restricting access.\n(sec.40-ssec.1) A regulation may prescribe the circumstances in which the archivist may— refuse a person access to a public record; or restrict access by the public to a public record for a period of more than 100 years.\n(sec.40-ssec.2) Without limiting subsection (1) , the prescribed circumstances may include— the archivist being satisfied that access to a public record would not, on balance, be in the public interest; and the archivist being satisfied that access to a public record would inappropriately reveal culturally sensitive information or personal information.\n(sec.40-ssec.3) For applying subsection (1) , the regulation may also prescribe any of the following matters— procedures applying to the archivist refusing or restricting access; matters to be considered by the archivist for refusing or restricting access; maximum periods of time for restricting access.\n- (a) refuse a person access to a public record; or\n- (b) restrict access by the public to a public record for a period of more than 100 years.\n- (a) the archivist being satisfied that access to a public record would not, on balance, be in the public interest; and\n- (b) the archivist being satisfied that access to a public record would inappropriately reveal culturally sensitive information or personal information.\n- (a) procedures applying to the archivist refusing or restricting access;\n- (b) matters to be considered by the archivist for refusing or restricting access;\n- (c) maximum periods of time for restricting access.","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Forms of access","content":"### sec.41 Forms of access\n\nAccess to a public record may be given to a person—\nby allowing the person a reasonable opportunity to inspect the record; or\nby giving the person a copy of the record; or\nif subsection (2) , (3) or (4) applies to the record—by the form of access stated in the subsection.\nAccess may be given by making arrangements for the person to hear the sounds or view the images or writings if the public record is something from which sounds or visual images or writings are capable of being reproduced.\nAccess may be given by giving the person a written transcript of the words recorded or contained in the public record if the record is something—\nby which words are recorded in a way in which the words are capable of being reproduced in the form of sound; or\nin which words are contained in the form of shorthand writing or in a codified form.\nAccess may be given by giving the person a written document containing information if—\nthe public record is not a written record; and\nthe archivist or the responsible public authority is able to create a written document containing the information using equipment usually available to the archivist or authority for retrieving or collating electronically stored information.\nIf the person asks for access to the public record in a particular and reasonably practical way, access must be given in that way.\nHowever, access to the public record may be given in another way decided by the archivist if the archivist considers giving access to the record in the way requested by the person—\nwould interfere unreasonably with the operations of the archives or the responsible public authority; or\nwould be detrimental to the preservation of the record; or\nwould be inappropriate, having regard to the nature of the record; or\nwould involve an infringement of copyright of a person other than the State.\nThe archivist may—\nimpose reasonable conditions on accessing a public record; and\nif access is given by way of a copy or transcript of a public record—impose a reasonable charge for the copy or transcript.\nThis section does not prevent the archivist giving a person access to a public record in another form agreed to by the person.\n(sec.41-ssec.1) Access to a public record may be given to a person— by allowing the person a reasonable opportunity to inspect the record; or by giving the person a copy of the record; or if subsection (2) , (3) or (4) applies to the record—by the form of access stated in the subsection.\n(sec.41-ssec.2) Access may be given by making arrangements for the person to hear the sounds or view the images or writings if the public record is something from which sounds or visual images or writings are capable of being reproduced.\n(sec.41-ssec.3) Access may be given by giving the person a written transcript of the words recorded or contained in the public record if the record is something— by which words are recorded in a way in which the words are capable of being reproduced in the form of sound; or in which words are contained in the form of shorthand writing or in a codified form.\n(sec.41-ssec.4) Access may be given by giving the person a written document containing information if— the public record is not a written record; and the archivist or the responsible public authority is able to create a written document containing the information using equipment usually available to the archivist or authority for retrieving or collating electronically stored information.\n(sec.41-ssec.5) If the person asks for access to the public record in a particular and reasonably practical way, access must be given in that way.\n(sec.41-ssec.6) However, access to the public record may be given in another way decided by the archivist if the archivist considers giving access to the record in the way requested by the person— would interfere unreasonably with the operations of the archives or the responsible public authority; or would be detrimental to the preservation of the record; or would be inappropriate, having regard to the nature of the record; or would involve an infringement of copyright of a person other than the State.\n(sec.41-ssec.7) The archivist may— impose reasonable conditions on accessing a public record; and if access is given by way of a copy or transcript of a public record—impose a reasonable charge for the copy or transcript.\n(sec.41-ssec.8) This section does not prevent the archivist giving a person access to a public record in another form agreed to by the person.\n- (a) by allowing the person a reasonable opportunity to inspect the record; or\n- (b) by giving the person a copy of the record; or\n- (c) if subsection (2) , (3) or (4) applies to the record—by the form of access stated in the subsection.\n- (a) by which words are recorded in a way in which the words are capable of being reproduced in the form of sound; or\n- (b) in which words are contained in the form of shorthand writing or in a codified form.\n- (a) the public record is not a written record; and\n- (b) the archivist or the responsible public authority is able to create a written document containing the information using equipment usually available to the archivist or authority for retrieving or collating electronically stored information.\n- (a) would interfere unreasonably with the operations of the archives or the responsible public authority; or\n- (b) would be detrimental to the preservation of the record; or\n- (c) would be inappropriate, having regard to the nature of the record; or\n- (d) would involve an infringement of copyright of a person other than the State.\n- (a) impose reasonable conditions on accessing a public record; and\n- (b) if access is given by way of a copy or transcript of a public record—impose a reasonable charge for the copy or transcript.","sortOrder":53},{"sectionNumber":"pt.4","sectionType":"part","heading":"State Archives","content":"# State Archives","sortOrder":54},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Archives","content":"## Archives","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"State Archivist and Queensland State Archives","content":"### sec.42 State Archivist and Queensland State Archives\n\nThere is to continue to be a State Archivist (the archivist ).\nThere is to continue to be an office called the Queensland State Archives (the archives ).\nThe office includes the archivist and the staff of the archives .\nThe archivist and staff of the archives are to be appointed and employed under the Public Sector Act 2022 .\n(sec.42-ssec.1) There is to continue to be a State Archivist (the archivist ).\n(sec.42-ssec.2) There is to continue to be an office called the Queensland State Archives (the archives ).\n(sec.42-ssec.3) The office includes the archivist and the staff of the archives .\n(sec.42-ssec.4) The archivist and staff of the archives are to be appointed and employed under the Public Sector Act 2022 .","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Control of archives and repository","content":"### sec.43 Control of archives and repository\n\nSubject to the Minister, the archivist is to control the archives and the archives repository.\nHowever, the archivist and the staff of the archives are not subject to the control of the Minister in relation to—\nmaking a decision about the disposal of a public record; or\npreparing the annual report to the extent particular matters must be included in the report under section 89 .\nAlso, the Minister may give a direction to the archivist or staff only if the direction is given to the archivist in writing.\nA direction given under subsection (3) must not be inconsistent with this Act.\nThe archivist and the staff of the archives are subject to the chief executive only in relation to the provision of administrative support to the archives.\n(sec.43-ssec.1) Subject to the Minister, the archivist is to control the archives and the archives repository.\n(sec.43-ssec.2) However, the archivist and the staff of the archives are not subject to the control of the Minister in relation to— making a decision about the disposal of a public record; or preparing the annual report to the extent particular matters must be included in the report under section 89 .\n(sec.43-ssec.3) Also, the Minister may give a direction to the archivist or staff only if the direction is given to the archivist in writing.\n(sec.43-ssec.4) A direction given under subsection (3) must not be inconsistent with this Act.\n(sec.43-ssec.5) The archivist and the staff of the archives are subject to the chief executive only in relation to the provision of administrative support to the archives.\n- (a) making a decision about the disposal of a public record; or\n- (b) preparing the annual report to the extent particular matters must be included in the report under section 89 .","sortOrder":57},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Archivist’s functions and powers","content":"## Archivist’s functions and powers","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Functions of archivist","content":"### sec.44 Functions of archivist\n\nThe archivist has the following functions—\nto develop and promote efficient and effective methods, procedures and systems for making, managing and accessing public records;\nto identify public records of permanent value and make decisions about their retention, whether or not the records are in the custody of the archives;\nto make decisions about the disposal of public records;\nto manage public records in the custody of the archives;\nto provide public access to public records in the custody of the archives;\nto conduct research and give advice, assistance and training about making and managing public records;\nto audit, monitor, investigate and report on compliance with this Act;\nto perform another function given to the archivist under this Act or another Act;\nto do anything else that—\nis incidental or complementary to another function; or\nis likely to enhance the effective and efficient performance of another function.\n- (a) to develop and promote efficient and effective methods, procedures and systems for making, managing and accessing public records;\n- (b) to identify public records of permanent value and make decisions about their retention, whether or not the records are in the custody of the archives;\n- (c) to make decisions about the disposal of public records;\n- (d) to manage public records in the custody of the archives;\n- (e) to provide public access to public records in the custody of the archives;\n- (f) to conduct research and give advice, assistance and training about making and managing public records;\n- (g) to audit, monitor, investigate and report on compliance with this Act;\n- (h) to perform another function given to the archivist under this Act or another Act;\n- (i) to do anything else that— (i) is incidental or complementary to another function; or (ii) is likely to enhance the effective and efficient performance of another function.\n- (i) is incidental or complementary to another function; or\n- (ii) is likely to enhance the effective and efficient performance of another function.\n- (i) is incidental or complementary to another function; or\n- (ii) is likely to enhance the effective and efficient performance of another function.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Specific powers of archivist","content":"### sec.45 Specific powers of archivist\n\nThe archivist, in performing a function, may do any of the following—\nestablish and manage the archives repository;\ncopy public records;\npublish public records;\nacquire public records by purchase, gift, bequest or loan;\nauthorise the disposal of particular public records or classes of public records.\nThis section does not limit another power of the archivist under this Act or another law.\n(sec.45-ssec.1) The archivist, in performing a function, may do any of the following— establish and manage the archives repository; copy public records; publish public records; acquire public records by purchase, gift, bequest or loan; authorise the disposal of particular public records or classes of public records.\n(sec.45-ssec.2) This section does not limit another power of the archivist under this Act or another law.\n- (a) establish and manage the archives repository;\n- (b) copy public records;\n- (c) publish public records;\n- (d) acquire public records by purchase, gift, bequest or loan;\n- (e) authorise the disposal of particular public records or classes of public records.","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Making standards, policies and guidelines","content":"### sec.46 Making standards, policies and guidelines\n\nThe archivist may make any of the following documents in relation to matters regulated under this Act—\na standard with which a public authority, or class of public authority, must comply;\na policy to which a public authority, or class of public authority, must have regard;\na guideline to which a public authority, or class of public authority, may have regard.\nA standard must be approved by regulation and takes effect—\non the day it is approved; or\nif a later day is stated in the standard—on the later day.\nA policy or guideline takes effect—\non the day it is published on the archives website; or\nif a later day is stated in the policy or guideline—on the later day.\n(sec.46-ssec.1) The archivist may make any of the following documents in relation to matters regulated under this Act— a standard with which a public authority, or class of public authority, must comply; a policy to which a public authority, or class of public authority, must have regard; a guideline to which a public authority, or class of public authority, may have regard.\n(sec.46-ssec.2) A standard must be approved by regulation and takes effect— on the day it is approved; or if a later day is stated in the standard—on the later day.\n(sec.46-ssec.3) A policy or guideline takes effect— on the day it is published on the archives website; or if a later day is stated in the policy or guideline—on the later day.\n- (a) a standard with which a public authority, or class of public authority, must comply;\n- (b) a policy to which a public authority, or class of public authority, must have regard;\n- (c) a guideline to which a public authority, or class of public authority, may have regard.\n- (a) on the day it is approved; or\n- (b) if a later day is stated in the standard—on the later day.\n- (a) on the day it is published on the archives website; or\n- (b) if a later day is stated in the policy or guideline—on the later day.","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Making archives appraisal statement","content":"### sec.47 Making archives appraisal statement\n\nThe archivist may make a document (an archives appraisal statement ) stating criteria for identifying public records appropriate for retention in the custody of the archives.\nAn archives appraisal statement takes effect—\non the day it is published on the archives website; or\nif a later day is stated in the statement—on the later day.\n(sec.47-ssec.1) The archivist may make a document (an archives appraisal statement ) stating criteria for identifying public records appropriate for retention in the custody of the archives.\n(sec.47-ssec.2) An archives appraisal statement takes effect— on the day it is published on the archives website; or if a later day is stated in the statement—on the later day.\n- (a) on the day it is published on the archives website; or\n- (b) if a later day is stated in the statement—on the later day.","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Arrangements for storage outside archives repository","content":"### sec.48 Arrangements for storage outside archives repository\n\nThe archivist may make an arrangement with a public authority for public records of permanent value to be stored in, or accessed from, a place other than the archives repository.","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"Delegation","content":"### sec.49 Delegation\n\nThe archivist may delegate the archivist’s functions under this Act to—\nan appropriately qualified member of the staff of the archives; or\nan appropriately qualified officer or employee of a public authority.\n- (a) an appropriately qualified member of the staff of the archives; or\n- (b) an appropriately qualified officer or employee of a public authority.","sortOrder":64},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Public Records Review Committee","content":"## Public Records Review Committee","sortOrder":65},{"sectionNumber":"sec.50","sectionType":"section","heading":"Public Records Review Committee","content":"### sec.50 Public Records Review Committee\n\nThe Minister must establish a Public Records Review Committee (the committee ).\nThe committee is to consist of the following members—\n1 person nominated by the Minister administering the Local Government Act 2009 ;\n1 person nominated by the Chief Justice;\n1 person nominated by the Minister administering the Public Sector Act 2022 ;\n1 person, nominated by the Minister, who is appropriately qualified in relation to the management of records;\n1 Aboriginal person, nominated by the Minister administering the Aboriginal Cultural Heritage Act 2003 , who is appropriately qualified;\n1 Torres Strait Islander person, nominated by the Minister administering the Torres Strait Islander Cultural Heritage Act 2003 , who is appropriately qualified;\n3 other persons, nominated by the Minister, who are appropriately qualified.\nA committee member may be paid the remuneration and allowances decided by the Governor in Council.\n(sec.50-ssec.1) The Minister must establish a Public Records Review Committee (the committee ).\n(sec.50-ssec.2) The committee is to consist of the following members— 1 person nominated by the Minister administering the Local Government Act 2009 ; 1 person nominated by the Chief Justice; 1 person nominated by the Minister administering the Public Sector Act 2022 ; 1 person, nominated by the Minister, who is appropriately qualified in relation to the management of records; 1 Aboriginal person, nominated by the Minister administering the Aboriginal Cultural Heritage Act 2003 , who is appropriately qualified; 1 Torres Strait Islander person, nominated by the Minister administering the Torres Strait Islander Cultural Heritage Act 2003 , who is appropriately qualified; 3 other persons, nominated by the Minister, who are appropriately qualified.\n(sec.50-ssec.3) A committee member may be paid the remuneration and allowances decided by the Governor in Council.\n- (a) 1 person nominated by the Minister administering the Local Government Act 2009 ;\n- (b) 1 person nominated by the Chief Justice;\n- (c) 1 person nominated by the Minister administering the Public Sector Act 2022 ;\n- (d) 1 person, nominated by the Minister, who is appropriately qualified in relation to the management of records;\n- (e) 1 Aboriginal person, nominated by the Minister administering the Aboriginal Cultural Heritage Act 2003 , who is appropriately qualified;\n- (f) 1 Torres Strait Islander person, nominated by the Minister administering the Torres Strait Islander Cultural Heritage Act 2003 , who is appropriately qualified;\n- (g) 3 other persons, nominated by the Minister, who are appropriately qualified.","sortOrder":66},{"sectionNumber":"sec.51","sectionType":"section","heading":"Functions of committee","content":"### sec.51 Functions of committee\n\nThe committee has the following functions—\nto advise the archivist and the Minister about issues affecting the administration or enforcement of this Act;\nto decide matters referred to the committee under this Act;\nto review decisions of the archivist not to authorise the disposal of particular public records or classes of public records;\nto advise whether particular public records, for which the archives is the responsible public authority because of section 17 or 18 , should be disposed of.\n- (a) to advise the archivist and the Minister about issues affecting the administration or enforcement of this Act;\n- (b) to decide matters referred to the committee under this Act;\n- (c) to review decisions of the archivist not to authorise the disposal of particular public records or classes of public records;\n- (d) to advise whether particular public records, for which the archives is the responsible public authority because of section 17 or 18 , should be disposed of.","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Chairperson","content":"### sec.52 Chairperson\n\nThe Minister must appoint a committee member as chairperson.","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Term of office","content":"### sec.53 Term of office\n\nA committee member is appointed for the term, of not more than 3 years, decided by the Minister and stated in the member’s instrument of appointment.","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":"Resignation","content":"### sec.54 Resignation\n\nA committee member, or the chairperson, may resign from office as member or chairperson by signed notice of resignation given to the Minister.","sortOrder":70},{"sectionNumber":"sec.55","sectionType":"section","heading":"Time and place of meetings","content":"### sec.55 Time and place of meetings\n\nMeetings of the committee are to be held at the times and places decided by the committee.\nThe chairperson may call a committee meeting at any time.\nThe chairperson must call a committee meeting if asked by at least 5 members of the committee.\n(sec.55-ssec.1) Meetings of the committee are to be held at the times and places decided by the committee.\n(sec.55-ssec.2) The chairperson may call a committee meeting at any time.\n(sec.55-ssec.3) The chairperson must call a committee meeting if asked by at least 5 members of the committee.","sortOrder":71},{"sectionNumber":"sec.56","sectionType":"section","heading":"Conduct of proceedings","content":"### sec.56 Conduct of proceedings\n\nThe chairperson must preside at all meetings at which the chairperson is present.\nIf the chairperson is absent, the committee member chosen by the members present must preside.\nAt a committee meeting—\na quorum is 5 committee members; and\na question is decided by a majority of the votes of the members present and voting; and\neach member present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.\nUnless otherwise prescribed by regulation, the committee may conduct proceedings, including meetings, as the committee considers appropriate.\n(sec.56-ssec.1) The chairperson must preside at all meetings at which the chairperson is present.\n(sec.56-ssec.2) If the chairperson is absent, the committee member chosen by the members present must preside.\n(sec.56-ssec.3) At a committee meeting— a quorum is 5 committee members; and a question is decided by a majority of the votes of the members present and voting; and each member present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.\n(sec.56-ssec.4) Unless otherwise prescribed by regulation, the committee may conduct proceedings, including meetings, as the committee considers appropriate.\n- (a) a quorum is 5 committee members; and\n- (b) a question is decided by a majority of the votes of the members present and voting; and\n- (c) each member present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.","sortOrder":72},{"sectionNumber":"sec.57","sectionType":"section","heading":"Participation in meetings using technology","content":"### sec.57 Participation in meetings using technology\n\nThe committee may hold meetings, or allow members to take part in meetings, by using technology allowing continuous communication between members taking part in the meeting.","sortOrder":73},{"sectionNumber":"sec.58","sectionType":"section","heading":"Minutes","content":"### sec.58 Minutes\n\nThe committee must keep minutes of the committee’s proceedings.","sortOrder":74},{"sectionNumber":"sec.59","sectionType":"section","heading":"Committee member’s duty about deliberations","content":"### sec.59 Committee member’s duty about deliberations\n\nA committee member has a duty not to publicly disclose any part of the committee’s deliberations.\nSubsection (1) does not prevent the committee publishing committee decisions.\n(sec.59-ssec.1) A committee member has a duty not to publicly disclose any part of the committee’s deliberations.\n(sec.59-ssec.2) Subsection (1) does not prevent the committee publishing committee decisions.","sortOrder":75},{"sectionNumber":"sec.60","sectionType":"section","heading":"Restrictions on archivist’s attendance at committee meetings","content":"### sec.60 Restrictions on archivist’s attendance at committee meetings\n\nThe archivist may attend and take part in a committee meeting but must not—\ntake part in a decision of the committee; or\nbe present during the part of a committee meeting at which the committee is deciding a matter relating to a disagreement with, or decision of, the archivist.\n- (a) take part in a decision of the committee; or\n- (b) be present during the part of a committee meeting at which the committee is deciding a matter relating to a disagreement with, or decision of, the archivist.","sortOrder":76},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application for review of disposal decision","content":"### sec.61 Application for review of disposal decision\n\nA public authority may apply in writing to the committee for a review of a decision made by the archivist refusing to authorise the disposal of a particular public record or class of public record.\nThe application must be made to the committee—\nwithin 14 days after the public authority is notified of the archivist’s decision; or\nif the committee allows a further period in which to make the application—within the further period.\nOn receiving the application, the committee must give notice of the application to the archivist, stating a reasonable period in which the archivist must provide reasons for the decision.\n(sec.61-ssec.1) A public authority may apply in writing to the committee for a review of a decision made by the archivist refusing to authorise the disposal of a particular public record or class of public record.\n(sec.61-ssec.2) The application must be made to the committee— within 14 days after the public authority is notified of the archivist’s decision; or if the committee allows a further period in which to make the application—within the further period.\n(sec.61-ssec.3) On receiving the application, the committee must give notice of the application to the archivist, stating a reasonable period in which the archivist must provide reasons for the decision.\n- (a) within 14 days after the public authority is notified of the archivist’s decision; or\n- (b) if the committee allows a further period in which to make the application—within the further period.","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":"Archivist to provide reasons","content":"### sec.62 Archivist to provide reasons\n\nWithin the period stated in the committee’s notice of an application, the archivist must give the committee written reasons for the archivist’s decision.","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"Decision by committee","content":"### sec.63 Decision by committee\n\nThe committee may decide the application by—\nconfirming or amending the archivist’s decision; or\nrevoking the decision and substituting a new decision.\nThe committee’s decision is taken to be a decision of the archivist.\nHowever, the decision can not be further reviewed by the committee.\n(sec.63-ssec.1) The committee may decide the application by— confirming or amending the archivist’s decision; or revoking the decision and substituting a new decision.\n(sec.63-ssec.2) The committee’s decision is taken to be a decision of the archivist.\n(sec.63-ssec.3) However, the decision can not be further reviewed by the committee.\n- (a) confirming or amending the archivist’s decision; or\n- (b) revoking the decision and substituting a new decision.","sortOrder":79},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"First Nations Advisory Group","content":"## First Nations Advisory Group","sortOrder":80},{"sectionNumber":"sec.64","sectionType":"section","heading":"Establishment and functions","content":"### sec.64 Establishment and functions\n\nThe archivist must establish an advisory group called the First Nations Advisory Group (the advisory group )—\nto advise the archivist about public records relating to Aboriginal peoples and Torres Strait Islander peoples, including the application of the principles mentioned in schedule 1 , part 1 ; and\nto advise the archivist on any other matter, requested by the archivist, relating to the archivist’s functions.\n- (a) to advise the archivist about public records relating to Aboriginal peoples and Torres Strait Islander peoples, including the application of the principles mentioned in schedule 1 , part 1 ; and\n- (b) to advise the archivist on any other matter, requested by the archivist, relating to the archivist’s functions.","sortOrder":81},{"sectionNumber":"sec.65","sectionType":"section","heading":"Membership","content":"### sec.65 Membership\n\nThe advisory group has the membership decided by the archivist.\nHowever, the archivist must ensure the advisory group consists of—\nonly persons who are Aboriginal persons or Torres Strait Islander persons; and\nat least 1 Aboriginal person or Torres Strait Islander person appointed to the committee under section 50 (2) (e) or (f) .\nA person holds office as a member of the advisory group for the term and on the conditions—\ndecided by the archivist; and\nstated in the person’s instrument of appointment.\nA member of the advisory group may be paid the remuneration and allowances decided by the archivist.\n(sec.65-ssec.1) The advisory group has the membership decided by the archivist.\n(sec.65-ssec.2) However, the archivist must ensure the advisory group consists of— only persons who are Aboriginal persons or Torres Strait Islander persons; and at least 1 Aboriginal person or Torres Strait Islander person appointed to the committee under section 50 (2) (e) or (f) .\n(sec.65-ssec.3) A person holds office as a member of the advisory group for the term and on the conditions— decided by the archivist; and stated in the person’s instrument of appointment.\n(sec.65-ssec.4) A member of the advisory group may be paid the remuneration and allowances decided by the archivist.\n- (a) only persons who are Aboriginal persons or Torres Strait Islander persons; and\n- (b) at least 1 Aboriginal person or Torres Strait Islander person appointed to the committee under section 50 (2) (e) or (f) .\n- (a) decided by the archivist; and\n- (b) stated in the person’s instrument of appointment.","sortOrder":82},{"sectionNumber":"sec.66","sectionType":"section","heading":"Business","content":"### sec.66 Business\n\nThe advisory group is to conduct its business and hold meetings in the way the archivist and the group considers appropriate.","sortOrder":83},{"sectionNumber":"pt.5","sectionType":"part","heading":"Monitoring and enforcement","content":"# Monitoring and enforcement","sortOrder":84},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General provisions about authorised officers","content":"## General provisions about authorised officers","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Authorised officers under part","content":"### sec.67 Authorised officers under part\n\nThis part includes provision for the appointment of authorised officers and gives authorised officers particular powers.\nThe purpose of these provisions is to ensure the archivist has available suitably qualified persons who can help the archivist deal with issues about compliance under this Act.\n(sec.67-ssec.1) This part includes provision for the appointment of authorised officers and gives authorised officers particular powers.\n(sec.67-ssec.2) The purpose of these provisions is to ensure the archivist has available suitably qualified persons who can help the archivist deal with issues about compliance under this Act.","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":"Functions of authorised officer","content":"### sec.68 Functions of authorised officer\n\nAn authorised officer has the following functions—\nto investigate, monitor and enforce compliance with this Act;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act.\n- (a) to investigate, monitor and enforce compliance with this Act;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act.","sortOrder":87},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Appointment of authorised officers","content":"## Appointment of authorised officers","sortOrder":88},{"sectionNumber":"sec.69","sectionType":"section","heading":"Archivist is an authorised officer","content":"### sec.69 Archivist is an authorised officer\n\nThe archivist is an authorised officer.","sortOrder":89},{"sectionNumber":"sec.70","sectionType":"section","heading":"Appointment","content":"### sec.70 Appointment\n\nThe archivist may, by instrument in writing, appoint any of the following persons who are appropriately qualified as an authorised officer—\na member of the staff of the archives;\nanother public sector employee under the Public Sector Act 2022 , section 12 .\n- (a) a member of the staff of the archives;\n- (b) another public sector employee under the Public Sector Act 2022 , section 12 .","sortOrder":90},{"sectionNumber":"sec.71","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.71 Appointment conditions and limit on powers\n\nAn authorised officer, other than the archivist, holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.\nIn this section—\nsigned notice means a notice signed by the archivist.\n(sec.71-ssec.1) An authorised officer, other than the archivist, holds office on any conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.71-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers.\n(sec.71-ssec.3) In this section— signed notice means a notice signed by the archivist.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":91},{"sectionNumber":"sec.72","sectionType":"section","heading":"When office ends","content":"### sec.72 When office ends\n\nThe office of a person as an authorised officer, other than the archivist, ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe officer’s resignation under section 73 takes effect.\nSubsection (1) does not limit the ways the office of a person as an authorised officer ends.\nIn this section—\ncondition of office means a condition under which the authorised officer holds office.\n(sec.72-ssec.1) The office of a person as an authorised officer, other than the archivist, ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the officer’s resignation under section 73 takes effect.\n(sec.72-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised officer ends.\n(sec.72-ssec.3) In this section— condition of office means a condition under which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the officer’s resignation under section 73 takes effect.","sortOrder":92},{"sectionNumber":"sec.73","sectionType":"section","heading":"Resignation","content":"### sec.73 Resignation\n\nAn authorised officer, other than the archivist, may resign by signed notice given to the archivist.\nHowever, if holding office as an authorised officer is a condition of the authorised officer holding another office, the authorised officer may not resign as an authorised officer without resigning from the other office.\n(sec.73-ssec.1) An authorised officer, other than the archivist, may resign by signed notice given to the archivist.\n(sec.73-ssec.2) However, if holding office as an authorised officer is a condition of the authorised officer holding another office, the authorised officer may not resign as an authorised officer without resigning from the other office.","sortOrder":93},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":94},{"sectionNumber":"sec.74","sectionType":"section","heading":"Issue of identity card","content":"### sec.74 Issue of identity card\n\nThe archivist must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\nWithout limiting subsection (3) , if the person holds an office under another Act, the identity card may identify the other office.\n(sec.74-ssec.1) The archivist must issue an identity card to each authorised officer.\n(sec.74-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.74-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.74-ssec.4) Without limiting subsection (3) , if the person holds an office under another Act, the identity card may identify the other office.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":95},{"sectionNumber":"sec.75","sectionType":"section","heading":"Production or display of identity card","content":"### sec.75 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, the authorised officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.75-ssec.1) In exercising a power in relation to a person in the person’s presence, the authorised officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.75-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":96},{"sectionNumber":"sec.76","sectionType":"section","heading":"Return of identity card","content":"### sec.76 Return of identity card\n\nIf the office of a person as an authorised officer ends, the person must return the person’s identity card to the archivist within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":97},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"General powers","content":"## General powers","sortOrder":98},{"sectionNumber":"sec.77","sectionType":"section","heading":"Power of entry and inspection","content":"### sec.77 Power of entry and inspection\n\nTo perform a function under this Act, an authorised officer may do any of the following—\nenter premises, at a reasonable time, used by a public authority to store a public record;\ninspect any public record in the custody of a public authority;\nexamine a public authority’s procedures for making and managing public records, including under any arrangements made with another entity.\nThe authorised officer must give the public authority reasonable notice of the officer’s intention to access the premises or public records.\nWithout limiting subsection (1) , an authorised officer may inspect a public record by—\naccessing a public record stored physically at premises used for that purpose by a public authority, including under any arrangements made with another entity; or\nusing electronic means provided by a public authority to access a public record stored remotely.\n(sec.77-ssec.1) To perform a function under this Act, an authorised officer may do any of the following— enter premises, at a reasonable time, used by a public authority to store a public record; inspect any public record in the custody of a public authority; examine a public authority’s procedures for making and managing public records, including under any arrangements made with another entity.\n(sec.77-ssec.2) The authorised officer must give the public authority reasonable notice of the officer’s intention to access the premises or public records.\n(sec.77-ssec.3) Without limiting subsection (1) , an authorised officer may inspect a public record by— accessing a public record stored physically at premises used for that purpose by a public authority, including under any arrangements made with another entity; or using electronic means provided by a public authority to access a public record stored remotely.\n- (a) enter premises, at a reasonable time, used by a public authority to store a public record;\n- (b) inspect any public record in the custody of a public authority;\n- (c) examine a public authority’s procedures for making and managing public records, including under any arrangements made with another entity.\n- (a) accessing a public record stored physically at premises used for that purpose by a public authority, including under any arrangements made with another entity; or\n- (b) using electronic means provided by a public authority to access a public record stored remotely.","sortOrder":99},{"sectionNumber":"sec.78","sectionType":"section","heading":"Public authority to comply with request","content":"### sec.78 Public authority to comply with request\n\nAn employee of a public authority who is responsible for managing the authority’s public records must, if asked by an authorised officer—\nanswer a question relating to making or managing a public record; or\nproduce a public record of the authority for the officer’s inspection; or\ngive the officer access to, or a copy of, a public record of the authority in the reasonable way requested by the officer; or\nallow the officer to examine any system used by the authority for making or managing public records; or\nallow the officer to take a copy, including a photo or video, of a public record of the authority or system used by the authority for making or managing public records.\nThe employee may refuse to answer a question or produce a public record if answering the question or producing the record might tend to incriminate the employee, or expose the employee to a penalty, for an offence against section 22 or 23 .\n(sec.78-ssec.1) An employee of a public authority who is responsible for managing the authority’s public records must, if asked by an authorised officer— answer a question relating to making or managing a public record; or produce a public record of the authority for the officer’s inspection; or give the officer access to, or a copy of, a public record of the authority in the reasonable way requested by the officer; or allow the officer to examine any system used by the authority for making or managing public records; or allow the officer to take a copy, including a photo or video, of a public record of the authority or system used by the authority for making or managing public records.\n(sec.78-ssec.2) The employee may refuse to answer a question or produce a public record if answering the question or producing the record might tend to incriminate the employee, or expose the employee to a penalty, for an offence against section 22 or 23 .\n- (a) answer a question relating to making or managing a public record; or\n- (b) produce a public record of the authority for the officer’s inspection; or\n- (c) give the officer access to, or a copy of, a public record of the authority in the reasonable way requested by the officer; or\n- (d) allow the officer to examine any system used by the authority for making or managing public records; or\n- (e) allow the officer to take a copy, including a photo or video, of a public record of the authority or system used by the authority for making or managing public records.","sortOrder":100},{"sectionNumber":"sec.79","sectionType":"section","heading":"Restriction on exercise of powers for particular premises","content":"### sec.79 Restriction on exercise of powers for particular premises\n\nAn authorised officer may exercise a power under this part—\nin relation to the Governor’s official residence—only by agreement with the Governor’s secretary; or\nin relation to a court—only by agreement with the registrar or proper officer of the court; or\nin relation to a Ministerial office of a Minister or an Assistant Minister—only after giving the Minister or Assistant Minister reasonable notice of the intended exercise of the power.\nA person mentioned in subsection (1) (a) or (b) must not unreasonably withhold agreement.\nIn this section—\nMinisterial office , of a Minister or an Assistant Minister—\nmeans an office normally used by the Minister in administering the Minister’s portfolio, or the Assistant Minister in carrying out the Assistant Minister’s official duties; but\ndoes not include an office that is part of the residence of the Minister or Assistant Minister.\n(sec.79-ssec.1) An authorised officer may exercise a power under this part— in relation to the Governor’s official residence—only by agreement with the Governor’s secretary; or in relation to a court—only by agreement with the registrar or proper officer of the court; or in relation to a Ministerial office of a Minister or an Assistant Minister—only after giving the Minister or Assistant Minister reasonable notice of the intended exercise of the power.\n(sec.79-ssec.2) A person mentioned in subsection (1) (a) or (b) must not unreasonably withhold agreement.\n(sec.79-ssec.3) In this section— Ministerial office , of a Minister or an Assistant Minister— means an office normally used by the Minister in administering the Minister’s portfolio, or the Assistant Minister in carrying out the Assistant Minister’s official duties; but does not include an office that is part of the residence of the Minister or Assistant Minister.\n- (a) in relation to the Governor’s official residence—only by agreement with the Governor’s secretary; or\n- (b) in relation to a court—only by agreement with the registrar or proper officer of the court; or\n- (c) in relation to a Ministerial office of a Minister or an Assistant Minister—only after giving the Minister or Assistant Minister reasonable notice of the intended exercise of the power.\n- (a) means an office normally used by the Minister in administering the Minister’s portfolio, or the Assistant Minister in carrying out the Assistant Minister’s official duties; but\n- (b) does not include an office that is part of the residence of the Minister or Assistant Minister.","sortOrder":101},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Specific powers","content":"## Specific powers","sortOrder":102},{"sectionNumber":"sec.80","sectionType":"section","heading":"Notice to report","content":"### sec.80 Notice to report\n\nThis section applies if the archivist considers it is reasonably necessary to request a report from a public authority for auditing or monitoring the authority’s compliance with this Act.\nThe archivist may give notice to the public authority requesting a report about—\nany particular aspect of the authority’s practices, procedures or systems for making or managing public records; or\nany public records in the custody of the public authority.\nThe notice must state a reasonable period for compliance with the notice.\nThe public authority must comply with the notice within the period stated in the notice or a longer period agreed by the archivist.\n(sec.80-ssec.1) This section applies if the archivist considers it is reasonably necessary to request a report from a public authority for auditing or monitoring the authority’s compliance with this Act.\n(sec.80-ssec.2) The archivist may give notice to the public authority requesting a report about— any particular aspect of the authority’s practices, procedures or systems for making or managing public records; or any public records in the custody of the public authority.\n(sec.80-ssec.3) The notice must state a reasonable period for compliance with the notice.\n(sec.80-ssec.4) The public authority must comply with the notice within the period stated in the notice or a longer period agreed by the archivist.\n- (a) any particular aspect of the authority’s practices, procedures or systems for making or managing public records; or\n- (b) any public records in the custody of the public authority.","sortOrder":103},{"sectionNumber":"sec.81","sectionType":"section","heading":"Recovery of public records","content":"### sec.81 Recovery of public records\n\nThis section applies if the archivist believes, on reasonable grounds, that a person has unlawful custody of—\na public record; or\nanother record to which an agreement under section 82 applies.\nThe archivist may, by notice given to the person, require the person to give the record to the archivist, or someone else stated in the notice, within a reasonable period stated in the notice.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person does not comply with the notice, the archivist may apply to a Magistrates Court for an order directing the person to comply with the notice.\nIf the Magistrates Court is satisfied the person has unlawful custody of the record, the court may order the person to give the record to the archivist.\nThe order is declared to be an order of the court for the Magistrates Courts Act 1921 , section 50 .\n(sec.81-ssec.1) This section applies if the archivist believes, on reasonable grounds, that a person has unlawful custody of— a public record; or another record to which an agreement under section 82 applies.\n(sec.81-ssec.2) The archivist may, by notice given to the person, require the person to give the record to the archivist, or someone else stated in the notice, within a reasonable period stated in the notice.\n(sec.81-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.81-ssec.4) If the person does not comply with the notice, the archivist may apply to a Magistrates Court for an order directing the person to comply with the notice.\n(sec.81-ssec.5) If the Magistrates Court is satisfied the person has unlawful custody of the record, the court may order the person to give the record to the archivist.\n(sec.81-ssec.6) The order is declared to be an order of the court for the Magistrates Courts Act 1921 , section 50 .\n- (a) a public record; or\n- (b) another record to which an agreement under section 82 applies.","sortOrder":104},{"sectionNumber":"sec.82","sectionType":"section","heading":"Reciprocal agreements","content":"### sec.82 Reciprocal agreements\n\nThe archivist may enter into an agreement with an entity (the reciprocating entity ) with similar functions under a law of another State or the Commonwealth (the reciprocating jurisdiction ).\nThe agreement may provide for—\nthe archivist to take action in Queensland to recover a record that is a public record of the reciprocating jurisdiction and give the record to the reciprocating entity; and\nthe reciprocating entity to take action in the reciprocating jurisdiction to recover a public record of Queensland and give the record into the custody of the archives.\n(sec.82-ssec.1) The archivist may enter into an agreement with an entity (the reciprocating entity ) with similar functions under a law of another State or the Commonwealth (the reciprocating jurisdiction ).\n(sec.82-ssec.2) The agreement may provide for— the archivist to take action in Queensland to recover a record that is a public record of the reciprocating jurisdiction and give the record to the reciprocating entity; and the reciprocating entity to take action in the reciprocating jurisdiction to recover a public record of Queensland and give the record into the custody of the archives.\n- (a) the archivist to take action in Queensland to recover a record that is a public record of the reciprocating jurisdiction and give the record to the reciprocating entity; and\n- (b) the reciprocating entity to take action in the reciprocating jurisdiction to recover a public record of Queensland and give the record into the custody of the archives.","sortOrder":105},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":106},{"sectionNumber":"sec.83","sectionType":"section","heading":"Proceedings for damage and disposal offences","content":"### sec.83 Proceedings for damage and disposal offences\n\nA proceeding for an offence against section 22 or 23 is to be heard and decided summarily.\nA proceeding for the offence must start within the later of the following periods to end—\n1 year after the offence was allegedly committed;\n6 months after the offence comes to the complainant’s knowledge, but within 3 years after the offence was allegedly committed.\n(sec.83-ssec.1) A proceeding for an offence against section 22 or 23 is to be heard and decided summarily.\n(sec.83-ssec.2) A proceeding for the offence must start within the later of the following periods to end— 1 year after the offence was allegedly committed; 6 months after the offence comes to the complainant’s knowledge, but within 3 years after the offence was allegedly committed.\n- (a) 1 year after the offence was allegedly committed;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 3 years after the offence was allegedly committed.","sortOrder":107},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":108},{"sectionNumber":"sec.84","sectionType":"section","heading":"Assault of person performing function or exercising power","content":"### sec.84 Assault of person performing function or exercising power\n\nA person must not assault another person performing a function or exercising a power under this Act.\nMaximum penalty—100 penalty units.\nIn this section—\nassault see the Criminal Code, section 245 .\n(sec.84-ssec.1) A person must not assault another person performing a function or exercising a power under this Act. Maximum penalty—100 penalty units.\n(sec.84-ssec.2) In this section— assault see the Criminal Code, section 245 .","sortOrder":109},{"sectionNumber":"sec.85","sectionType":"section","heading":"Obstruction of person performing function or exercising power","content":"### sec.85 Obstruction of person performing function or exercising power\n\nA person must not obstruct another person (an officer ) performing a function or exercising a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an officer, and the officer decides to proceed with the performance of the function or the exercise of the power, the officer must warn the person—\nthat it is an offence to obstruct the officer unless the person has a reasonable excuse; and\nthat the officer considers the person’s conduct to be an obstruction.\nIn this section—\nobstruct includes abuse, hinder, resist, threaten, and attempt or threaten to obstruct.\n(sec.85-ssec.1) A person must not obstruct another person (an officer ) performing a function or exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.85-ssec.2) If a person has obstructed an officer, and the officer decides to proceed with the performance of the function or the exercise of the power, the officer must warn the person— that it is an offence to obstruct the officer unless the person has a reasonable excuse; and that the officer considers the person’s conduct to be an obstruction.\n(sec.85-ssec.3) In this section— obstruct includes abuse, hinder, resist, threaten, and attempt or threaten to obstruct.\n- (a) that it is an offence to obstruct the officer unless the person has a reasonable excuse; and\n- (b) that the officer considers the person’s conduct to be an obstruction.","sortOrder":110},{"sectionNumber":"sec.86","sectionType":"section","heading":"Confidentiality","content":"### sec.86 Confidentiality\n\nThis section applies if—\na person performing a function under this Act has access to a public record; and\nthe disclosure of the public record, or access to information contained in the record, is prohibited or restricted under another Act.\nThe person must not disclose information contained in the public record, or otherwise give access to the record, other than to the extent authorised under this Act or necessary to perform the function.\n(sec.86-ssec.1) This section applies if— a person performing a function under this Act has access to a public record; and the disclosure of the public record, or access to information contained in the record, is prohibited or restricted under another Act.\n(sec.86-ssec.2) The person must not disclose information contained in the public record, or otherwise give access to the record, other than to the extent authorised under this Act or necessary to perform the function.\n- (a) a person performing a function under this Act has access to a public record; and\n- (b) the disclosure of the public record, or access to information contained in the record, is prohibited or restricted under another Act.","sortOrder":111},{"sectionNumber":"sec.87","sectionType":"section","heading":"Protection against actions for defamation or breach of confidence","content":"### sec.87 Protection against actions for defamation or breach of confidence\n\nThis section applies if access is given to a public record by a person (an official ) performing a function under this Act.\nNo action for defamation or breach of confidence lies against—\nthe State or an official because of the giving of the access; or\nthe author of the public record or another person because the author or other person lawfully gave the record to a public authority or the archives.\n(sec.87-ssec.1) This section applies if access is given to a public record by a person (an official ) performing a function under this Act.\n(sec.87-ssec.2) No action for defamation or breach of confidence lies against— the State or an official because of the giving of the access; or the author of the public record or another person because the author or other person lawfully gave the record to a public authority or the archives.\n- (a) the State or an official because of the giving of the access; or\n- (b) the author of the public record or another person because the author or other person lawfully gave the record to a public authority or the archives.","sortOrder":112},{"sectionNumber":"sec.88","sectionType":"section","heading":"Evidence in legal proceedings","content":"### sec.88 Evidence in legal proceedings\n\nThis section applies if—\na public record, or information contained in a public record, is admissible in evidence in a legal proceeding on its production from proper custody; and\nthe public record is in the custody of the archives.\nIf the archives produces the public record, or a copy of or extract from the record, it is taken to have been produced from proper custody.\nThe archivist, or a member of the staff of the archives authorised by the archivist, may give a certificate about the origin, history, nature or contents of a public record in the custody of the archives.\nThe certificate is admissible in evidence in a legal proceeding as evidence of the matters stated in the certificate.\n(sec.88-ssec.1) This section applies if— a public record, or information contained in a public record, is admissible in evidence in a legal proceeding on its production from proper custody; and the public record is in the custody of the archives.\n(sec.88-ssec.2) If the archives produces the public record, or a copy of or extract from the record, it is taken to have been produced from proper custody.\n(sec.88-ssec.3) The archivist, or a member of the staff of the archives authorised by the archivist, may give a certificate about the origin, history, nature or contents of a public record in the custody of the archives.\n(sec.88-ssec.4) The certificate is admissible in evidence in a legal proceeding as evidence of the matters stated in the certificate.\n- (a) a public record, or information contained in a public record, is admissible in evidence in a legal proceeding on its production from proper custody; and\n- (b) the public record is in the custody of the archives.","sortOrder":113},{"sectionNumber":"sec.89","sectionType":"section","heading":"Annual report","content":"### sec.89 Annual report\n\nWithin 4 months after the end of each financial year, the archivist must give the Minister a report on the administration of this Act in the year.\nThe report must include the details of the following—\nany direction that was given by the Minister under section 43 (3) ;\nany notice to report that was given by the archivist under section 80 ;\nany failure by a public authority to comply with this Act and any measures that were taken or recommended to prevent or reduce further noncompliance with this Act ;\nthe number of times, if any, that access to a restricted record under part 3 , division 3 was refused by a public authority.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives the report.\n(sec.89-ssec.1) Within 4 months after the end of each financial year, the archivist must give the Minister a report on the administration of this Act in the year.\n(sec.89-ssec.2) The report must include the details of the following— any direction that was given by the Minister under section 43 (3) ; any notice to report that was given by the archivist under section 80 ; any failure by a public authority to comply with this Act and any measures that were taken or recommended to prevent or reduce further noncompliance with this Act ; the number of times, if any, that access to a restricted record under part 3 , division 3 was refused by a public authority.\n(sec.89-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives the report.\n- (a) any direction that was given by the Minister under section 43 (3) ;\n- (b) any notice to report that was given by the archivist under section 80 ;\n- (c) any failure by a public authority to comply with this Act and any measures that were taken or recommended to prevent or reduce further noncompliance with this Act ;\n- (d) the number of times, if any, that access to a restricted record under part 3 , division 3 was refused by a public authority.","sortOrder":114},{"sectionNumber":"sec.90","sectionType":"section","heading":"Regulation-making power","content":"### sec.90 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":115},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":116},{"sectionNumber":"sec.91","sectionType":"section","heading":"Repeal","content":"### sec.91 Repeal\n\nThe Public Records Act 2002 , No. 11 is repealed.","sortOrder":117},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":118},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":119},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definitions for part","content":"### sec.92 Definitions for part\n\nIn this part—\nexisting public record means a public record under the repealed Act that was in existence immediately before the commencement.\nrepealed Act means the repealed Public Records Act 2002 .","sortOrder":120},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Responsible public authorities and existing public records","content":"## Responsible public authorities and existing public records","sortOrder":121},{"sectionNumber":"sec.93","sectionType":"section","heading":"Public authorities prescribed before commencement","content":"### sec.93 Public authorities prescribed before commencement\n\nThis section applies if, immediately before the commencement, an entity was prescribed by a repealed regulation to be a relevant public authority or responsible public authority under the repealed Act for an existing public record.\nThe entity is the responsible public authority under this Act for the existing public record until the earliest of the following—\na function of the entity to which the record relates is transferred to another public authority;\nthe entity ceases to exist;\na regulation made under section 17(5) prescribes a different entity to be given control of the record.\nIn this section—\nrepealed regulation means a repealed regulation under the repealed Act that was in force immediately before its repeal.\n(sec.93-ssec.1) This section applies if, immediately before the commencement, an entity was prescribed by a repealed regulation to be a relevant public authority or responsible public authority under the repealed Act for an existing public record.\n(sec.93-ssec.2) The entity is the responsible public authority under this Act for the existing public record until the earliest of the following— a function of the entity to which the record relates is transferred to another public authority; the entity ceases to exist; a regulation made under section 17(5) prescribes a different entity to be given control of the record.\n(sec.93-ssec.3) In this section— repealed regulation means a repealed regulation under the repealed Act that was in force immediately before its repeal.\n- (a) a function of the entity to which the record relates is transferred to another public authority;\n- (b) the entity ceases to exist;\n- (c) a regulation made under section 17(5) prescribes a different entity to be given control of the record.","sortOrder":122},{"sectionNumber":"sec.94","sectionType":"section","heading":"Responsible public authority for particular health records","content":"### sec.94 Responsible public authority for particular health records\n\nThis section applies in relation to an existing public record to which the repealed Act, section 62C applied immediately before the commencement.\nDespite section 16, the health department remains the responsible public authority under this Act for the existing public record, even if a function of the department to which the record relates is transferred to another entity.\nIn this section—\nhealth department means the department in which the Hospital and Health Boards Act 2011 is administered.\n(sec.94-ssec.1) This section applies in relation to an existing public record to which the repealed Act, section 62C applied immediately before the commencement.\n(sec.94-ssec.2) Despite section 16, the health department remains the responsible public authority under this Act for the existing public record, even if a function of the department to which the record relates is transferred to another entity.\n(sec.94-ssec.3) In this section— health department means the department in which the Hospital and Health Boards Act 2011 is administered.","sortOrder":123},{"sectionNumber":"sec.95","sectionType":"section","heading":"Existing public records and restricted access periods","content":"### sec.95 Existing public records and restricted access periods\n\nFrom the commencement, an existing public record is a public record under this Act.\nIf an existing restricted access period applied to the record, it is the restricted access period for the record under this Act.\nIn this section—\nexisting restricted access period , for an existing public record, means the restricted access period applying to the record under the repealed Act, section 16.\n(sec.95-ssec.1) From the commencement, an existing public record is a public record under this Act.\n(sec.95-ssec.2) If an existing restricted access period applied to the record, it is the restricted access period for the record under this Act.\n(sec.95-ssec.3) In this section— existing restricted access period , for an existing public record, means the restricted access period applying to the record under the repealed Act, section 16.","sortOrder":124},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Officials","content":"## Officials","sortOrder":125},{"sectionNumber":"sec.96","sectionType":"section","heading":"Archivist to continue in position","content":"### sec.96 Archivist to continue in position\n\nThis section applies to a person who, immediately before the commencement, held appointment as the State Archivist under the repealed Act.\nFrom the commencement, the person holds appointment as the archivist under this Act.\n(sec.96-ssec.1) This section applies to a person who, immediately before the commencement, held appointment as the State Archivist under the repealed Act.\n(sec.96-ssec.2) From the commencement, the person holds appointment as the archivist under this Act.","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":"Existing committee members continue for term of appointment","content":"### sec.97 Existing committee members continue for term of appointment\n\nThis section applies in relation to a person who, immediately before the commencement, held appointment as a committee member under the repealed Act.\nThe person’s appointment as committee member continues for the term, and on the conditions, stated in the member’s instrument of appointment.\n(sec.97-ssec.1) This section applies in relation to a person who, immediately before the commencement, held appointment as a committee member under the repealed Act.\n(sec.97-ssec.2) The person’s appointment as committee member continues for the term, and on the conditions, stated in the member’s instrument of appointment.","sortOrder":127},{"sectionNumber":"sec.98","sectionType":"section","heading":"Existing authorised officers","content":"### sec.98 Existing authorised officers\n\nThis section applies in relation to a person who, immediately before the commencement, held appointment as an authorised officer under the repealed Act.\nFrom the commencement, the person holds appointment as an authorised officer under this Act.\n(sec.98-ssec.1) This section applies in relation to a person who, immediately before the commencement, held appointment as an authorised officer under the repealed Act.\n(sec.98-ssec.2) From the commencement, the person holds appointment as an authorised officer under this Act.","sortOrder":128},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Continued applications and proceedings","content":"## Continued applications and proceedings","sortOrder":129},{"sectionNumber":"sec.99","sectionType":"section","heading":"Existing access and review applications","content":"### sec.99 Existing access and review applications\n\nThis section applies if an application under the repealed Act, section 17 or 39 was made, but not decided, before the commencement.\nThe repealed Act continues to apply in relation to the application as if this Act had not been enacted.\n(sec.99-ssec.1) This section applies if an application under the repealed Act, section 17 or 39 was made, but not decided, before the commencement.\n(sec.99-ssec.2) The repealed Act continues to apply in relation to the application as if this Act had not been enacted.","sortOrder":130},{"sectionNumber":"sec.100","sectionType":"section","heading":"Existing recovery notice and proceedings","content":"### sec.100 Existing recovery notice and proceedings\n\nThis section applies if—\nbefore the commencement, a notice was given by the archivist under the repealed Act, section 49(2); and\nimmediately before the commencement, the notice was in effect and had not been complied with.\nThe repealed Act continues to apply in relation to the notice, and any proceeding started, or entitled to be started, by the archivist to enforce compliance with the notice, as if this Act had not been enacted.\n(sec.100-ssec.1) This section applies if— before the commencement, a notice was given by the archivist under the repealed Act, section 49(2); and immediately before the commencement, the notice was in effect and had not been complied with.\n(sec.100-ssec.2) The repealed Act continues to apply in relation to the notice, and any proceeding started, or entitled to be started, by the archivist to enforce compliance with the notice, as if this Act had not been enacted.\n- (a) before the commencement, a notice was given by the archivist under the repealed Act, section 49(2); and\n- (b) immediately before the commencement, the notice was in effect and had not been complied with.","sortOrder":131},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":132},{"sectionNumber":"sec.101","sectionType":"section","heading":"Particular list details not required","content":"### sec.101 Particular list details not required\n\nThe archivist is not required to include on a list under section 17(4) details of a public authority under the repealed Act that ceased to exist before the commencement.","sortOrder":133},{"sectionNumber":"sec.102","sectionType":"section","heading":"Disposal authority continues","content":"### sec.102 Disposal authority continues\n\nAn authority to dispose of a public record given under the repealed Act, and in effect immediately before the commencement, continues in effect as a disposal authorisation under this Act.","sortOrder":134},{"sectionNumber":"sec.103","sectionType":"section","heading":"Existing reciprocal agreements","content":"### sec.103 Existing reciprocal agreements\n\nAn agreement made under the repealed Act, section 50 and in effect immediately before the commencement, continues in effect as an agreement under section 82 of this Act.","sortOrder":135},{"sectionNumber":"sec.104","sectionType":"section","heading":"References to repealed Act","content":"### sec.104 References to repealed Act\n\nA reference in a document to the repealed Act may, if the context permits, be taken to be a reference to this Act.","sortOrder":136},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Public records relating to Aboriginal peoples and Torres Strait Islander peoples","content":"# Public records relating to Aboriginal peoples and Torres Strait Islander peoples","sortOrder":137},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Public records generally","content":"# Public records generally","sortOrder":138},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":139},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.2-sec.1 Definitions for schedule\n\nIn this schedule—\nExecutive Council record means a public record containing information that is exempt information within the meaning of the Right to Information Act 2009 , schedule 3 , section 3 .\nhigh sensitivity , of personal information for an individual, means—\npersonal information relating to the individual’s—\nadoption, separation from parents or other circumstances of birth; or\nracial or ethnic origin; or\npolitical opinions; or\nmembership of a political association; or\nreligious beliefs or affiliations; or\nphilosophical beliefs; or\nmembership of a professional or trade association; or\nmembership of a trade union; or\nsexual orientation or practices; or\nhealth, medical treatment or genetic characteristics; or\npersonal information relating to biometric identification or verification of the individual; or\npersonal information relating to the individual committing an offence, whether or not a conviction is recorded; or\npersonal information relating to the individual being subject to particular practices or policies because of a matter mentioned in paragraph (a) , (b) or (c) .\nlegally protected information means information that is exempt information within the meaning of the Right to Information Act 2009 , schedule 3 , sections 7 and 8 .\nmedium sensitivity , of personal information for an individual—\nmeans personal information about the individual’s relationships, employment or financial affairs; but\ndoes not include personal information of high sensitivity.\nemployment records, wage registers or apprenticeship or trainee records that do not include personal information of high sensitivity\npost-RTI Cabinet record means a public record containing information that is exempt information under the Right to Information Act 2009 , schedule 3 , section 2 .\npre-RTI Cabinet record means a public record containing information that is exempt information under the Right to Information Act 2009 , schedule 3 , section 1 .\npublic safety information means information that is exempt information under the Right to Information Act 2009 , schedule 3 , section 10 .\nsecurity information means information that is exempt information under the Right to Information Act 2009 , schedule 3 , section 9 .\n- (a) personal information relating to the individual’s— (i) adoption, separation from parents or other circumstances of birth; or (ii) racial or ethnic origin; or (iii) political opinions; or (iv) membership of a political association; or (v) religious beliefs or affiliations; or (vi) philosophical beliefs; or (vii) membership of a professional or trade association; or (viii) membership of a trade union; or (ix) sexual orientation or practices; or (x) health, medical treatment or genetic characteristics; or\n- (i) adoption, separation from parents or other circumstances of birth; or\n- (ii) racial or ethnic origin; or\n- (iii) political opinions; or\n- (iv) membership of a political association; or\n- (v) religious beliefs or affiliations; or\n- (vi) philosophical beliefs; or\n- (vii) membership of a professional or trade association; or\n- (viii) membership of a trade union; or\n- (ix) sexual orientation or practices; or\n- (x) health, medical treatment or genetic characteristics; or\n- (b) personal information relating to biometric identification or verification of the individual; or\n- (c) personal information relating to the individual committing an offence, whether or not a conviction is recorded; or\n- (d) personal information relating to the individual being subject to particular practices or policies because of a matter mentioned in paragraph (a) , (b) or (c) .\n- (i) adoption, separation from parents or other circumstances of birth; or\n- (ii) racial or ethnic origin; or\n- (iii) political opinions; or\n- (iv) membership of a political association; or\n- (v) religious beliefs or affiliations; or\n- (vi) philosophical beliefs; or\n- (vii) membership of a professional or trade association; or\n- (viii) membership of a trade union; or\n- (ix) sexual orientation or practices; or\n- (x) health, medical treatment or genetic characteristics; or\n- (a) means personal information about the individual’s relationships, employment or financial affairs; but\n- (b) does not include personal information of high sensitivity.","sortOrder":140},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Regulated records—minimum periods","content":"# Regulated records—minimum periods","sortOrder":141},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Restricted information—maximum periods","content":"# Restricted information—maximum periods","sortOrder":142}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its stated purpose: providing a framework for making, managing, and accessing public records for the benefit of present and future generations. The scope encompasses the full lifecycle of government records — creation, custody, preservation, disposal, and public access — which aligns with what a comprehensive public records statute would be expected to cover. The inclusion of First Nations advisory mechanisms and explicit protection of the Archivist's independence from Ministerial direction represent notable policy additions but are within the expected scope of modern records legislation rather than departures from it."},"complexity_factors":["Multiple interlocking definitions (public authority, public record, Ministerial record, restricted record, open record) that must be cross-referenced to understand scope","Hierarchical access regime with different rules for open records, restricted records, and Ministerial records — each with separate pathways and time periods governed by schedules not fully reproduced here","Complex disposal authorisation framework involving the Archivist, responsible public authorities, the Review Committee, and protection notices — with multiple preconditions and exceptions","Tiered governance structure: the Archivist, Public Records Review Committee, and First Nations Advisory Group all have distinct but overlapping roles","Extensive interaction with other legislation (Right to Information Act 2009, Public Sector Act 2022, Commissions of Inquiry Act 1950, Aboriginal Cultural Heritage Act 2003, Torres Strait Islander Cultural Heritage Act 2003, Local Government Act 2009, etc.)","Restricted access period calculations depend on schedules (Schedule 2, parts 2 and 3) that classify records and information types — not visible in the main text","Special rules for Ministerial records including what constitutes a Ministerial record vs. personal/political activities — a distinction requiring careful judgment in practice","Regulation-making powers throughout the Act mean significant parts of the regime (e.g., circumstances for refusing access beyond 100 years, prescribed public authorities) are left to subordinate legislation","Transitional rules for when public authorities are restructured, merged, or abolished require identifying successor entities through multiple conditional pathways","Governor's correspondence carve-out requiring the Governor's consent to classify certain records as public records adds an unusual constitutional dimension"],"plain_english_summary":"## What is this law about?\n\nThe **Public Records Act 2023** is a Queensland law that sets up a comprehensive framework for how government records are **created, managed, stored, protected, and accessed** by the public. Think of it as the rulebook for how the government handles its paperwork — digital and physical — and how ordinary Australians can eventually access that information.\n\n---\n\n## Who does it affect?\n\n**Government bodies (\"public authorities\")** — which includes Ministers, local councils, government-owned corporations, courts, commissions of inquiry, and most other government entities — are the primary targets. They must follow strict rules about how they create and manage their records.\n\n**Ordinary members of the public** are affected too — this law determines when and how you can access historical government documents.\n\n---\n\n## Key things the law does:\n\n### 📋 Creating and keeping records\n- Government bodies **must** create accurate records of their decisions and actions.\n- Records must be kept safe and preserved.\n- If a government body shuts down or changes hands, its records must be transferred to the right successor body.\n- Ministers' records from their time in office must go to the archives when they leave — especially if there's a change of government, when records go straight to the Queensland State Archives.\n\n### 🗑️ Getting rid of records (\"disposal\")\n- Records **cannot** be destroyed without formal approval (called a \"disposal authorisation\") from the State Archivist.\n- Unauthorised disposal is an offence — up to 165 penalty units (roughly $25,000+).\n- The Archivist can issue a **\"protection notice\"** to freeze disposal of records if an investigation (like a royal commission) is underway.\n\n### 🔒 Accessing records — the access rules\n- Records held by the **Queensland State Archives** are either \"open\" (publicly accessible) or \"restricted\" (access limited for a set time).\n- Most restricted records become open after a set number of years (the \"restricted access period\"), determined by the type of record and the sensitivity of the information (detailed in schedules to the Act).\n- During the restricted period, you can still apply for access — the responsible government body decides whether to approve it.\n- Records can be accessed in various forms: inspection, copies, transcripts of audio, or written summaries.\n\n### 🏛️ Queensland State Archives\n- The **Queensland State Archives** and the **State Archivist** continue to operate.\n- The Archivist is largely independent — the Minister **cannot** direct the Archivist on disposal decisions, protecting the Archives from political interference.\n- The Archivist can make binding standards (approved by regulation), policies, and guidelines that government bodies must follow when managing records.\n\n### 🧑‍⚖️ Oversight and review\n- A **Public Records Review Committee** is established to resolve disputes (e.g., between the Archivist and a government body about access or disposal), and to review the Archivist's decisions.\n- A dedicated **First Nations Advisory Group** (made up solely of Aboriginal and Torres Strait Islander people) advises on records relating to First Nations peoples.\n\n### 🚨 Offences and enforcement\n- **Damaging** old or permanently valuable records without authority: up to 100 penalty units (~$15,000+).\n- **Unlawfully disposing** of records: up to 165 penalty units (~$25,000+).\n- Authorised officers can investigate and enforce compliance.\n\n### 🔗 Relationship with other laws\n- This Act can be overridden by other Acts (e.g., laws that restrict access to certain records, or laws that exclude certain bodies from its coverage).\n- The *Right to Information Act 2009* remains a separate pathway to access government documents, including Ministerial records.\n\n---\n\n## Why does this matter to you?\n\nIf you're a **researcher, journalist, or curious citizen**, this law determines when you can dig into historical government files — and gives you a right to apply for early access to restricted records.\n\nIf you're a **government employee**, this law imposes real obligations on how you create, store, and manage work documents — and your organisation's chief executive is personally responsible for compliance.\n\nIf you're interested in **First Nations history**, the law specifically requires Indigenous representation in governance of the Archives and recognises culturally sensitive records.\n\nIf you're a **politician**, your official correspondence and decisions become public records — and there are tight rules about what happens to your files when you leave office."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.9(3)","severity":"high","reasoning":"The entire purpose of public records legislation is to ensure accountability of official conduct. Giving the Governor personal discretion to exclude their own correspondence from the public records regime entirely undermines that purpose for one of the highest offices. There is no appeal mechanism, no default, and no criteria guiding the Governor's agreement or refusal. A Governor could simply never agree, meaning all such correspondence permanently escapes the Act.","confidence":0.88,"description":"Governor's correspondence becomes a public record only if the Governor personally agrees to it. This creates a situation where the person whose records are at issue has unilateral veto power over whether those records are subject to public accountability obligations at all."},{"type":"circular_definition","section":"sec.9(2)(a) and sec.9(2)(b)-(c)","severity":"medium","reasoning":"Section 9(2) expands the definition of 'public record' by reference to items that are themselves defined as public records. While s.9(1) provides an anchor definition, the expansion in s.9(2) means that any copy or part of any copy recursively becomes a public record, potentially without limit. Every derivative of a public record is itself a public record, creating an infinite regress of records obligations.","confidence":0.82,"description":"The definition of 'public record' in s.9(2) is partially self-referential/circular: it defines a public record as including 'any information connected to a public record', 'a copy of a public record', and 'a part of a public record'. This means the scope of what constitutes a public record cannot be determined without first knowing what is a public record."},{"type":"impossible_compliance","section":"sec.17(2) and sec.17(3)","severity":"medium","reasoning":"The obligation in s.17(2) is placed on the 'original authority' to give control of records. Once an authority ceases to exist, it cannot comply with any legal obligation. The fallback in s.17(3) merely shifts the obligation to the receiving entity but provides no enforcement pathway, no mechanism to locate or access records held by a defunct entity, and no clarity on what 'take action' means in this context.","confidence":0.85,"description":"Section 17 requires an 'original authority' that will cease to exist to give control of records to a receiving entity, but s.17(3) acknowledges the authority may have already ceased to exist before doing so, at which point the receiving entity must 'take action to obtain control'. However, if the authority has ceased to exist there is no legal entity capable of 'giving' control or being required to do so, and no mechanism is provided for the receiving entity to compel transfer from a non-existent entity."},{"type":"other","section":"sec.20(4)-(5)","severity":"medium","reasoning":"Section 20(1) requires an application or consent from the responsible public authority before the archivist issues a disposal authorisation. If the archives is the responsible public authority, the archivist is effectively applying to themselves for a disposal authorisation, then authorising it, and only then consulting the committee. The advice-seeking step logically should precede authorisation, not follow it.","confidence":0.79,"description":"When the archives is the responsible public authority for a record, the archivist must ask the committee to advise whether the record should be disposed of — but the archivist has already issued a disposal authorisation for the record (s.20(1)). The archivist is therefore in the position of having authorised disposal and then seeking advice about whether to dispose, reversing the logical order of decision-making."},{"type":"self_contradicting","section":"sec.27(2) and sec.27(3)","severity":"high","reasoning":"The entire point of identifying a record as having 'permanent value' and placing it in the archives is preservation for future generations (s.3). Allowing a record of 'permanent value' to be disposed of under a disposal authorisation directly contradicts the classification. If permanent value records can be disposed of, the 'permanent value' designation serves no protective function.","confidence":0.9,"description":"Section 27 protects records of permanent value in the archives from removal, but s.27(3) explicitly states this does not prevent disposal under a disposal authorisation. This means a record identified as being of 'permanent value' can nonetheless be permanently destroyed, rendering the concept of 'permanent value' meaningless in practice."},{"type":"impossible_compliance","section":"sec.29(2)","severity":"high","reasoning":"Schedule 2 Part 2 sets minimum periods by record class and Part 3 sets maximum periods by restricted information class. There is nothing in the Act preventing a scenario where, for example, the minimum access period for a particular record class (Part 2) is 50 years, but the maximum period for the restricted information it contains (Part 3) is 30 years. In that case, no valid restricted access period can be set — any period would violate either the minimum or the maximum requirement.","confidence":0.87,"description":"The formula for the restricted access period for a regulated record containing restricted information requires the period to be both 'at least' the Part 2 minimum AND 'no more than' the Part 3 maximum. If the Part 2 minimum exceeds the Part 3 maximum for a given record, compliance is mathematically impossible."},{"type":"other","section":"sec.55(3)","severity":"low","reasoning":"While not strictly impossible or self-contradicting, the requirement for 5 of 9 members (a majority) to request a meeting before the chairperson must call one creates an oddity whereby a near-majority of 4 members has no mechanism to compel a meeting. This appears inconsistent with standard governance design and could frustrate the committee's functions under s.51.","confidence":0.65,"description":"The chairperson is required to call a committee meeting if asked by 'at least 5 members'. However, the committee has 9 members total (s.50(2)). Requiring 5 of 9 members to request a meeting before the chairperson is compelled to call one sets a threshold of over half the committee, meaning a bare majority of members cannot force the chairperson to convene — an unusually high threshold for a simple procedural requirement."},{"type":"other","section":"sec.56(3)(c)","severity":"low","reasoning":"With a quorum of 5 members and majority voting, if all 5 vote there is no tie (3-2 outcome always). The casting vote only becomes relevant if some members abstain or are absent below quorum in unusual circumstances, or if members beyond the quorum create an even number of voters. The provision is not impossible but is poorly drafted and may be superfluous.","confidence":0.6,"description":"Section 56(3)(c) provides that if votes are equal, the chairperson has a casting vote. However, s.56(3)(a) sets a quorum of 5 members. With 5 members present, a tied vote (2-2 or other even split among voting members) may not arise if the chairperson also votes in the first round. The casting vote mechanism is redundant or creates a double-voting scenario for the chairperson."},{"type":"self_contradicting","section":"sec.63(2)-(3)","severity":"medium","reasoning":"The deeming in s.63(2) that a committee decision 'is taken to be a decision of the archivist' combined with the committee's general function in s.51(c) to review archivist disposal decisions creates a logical loop: the committee's own decision, once deemed an archivist decision, technically falls within the class of decisions the committee can review under s.51(c). Section 63(3) attempts to break this loop but relies on a carve-out rather than resolving the underlying structural contradiction.","confidence":0.78,"description":"Section 63(2) deems the committee's decision on review to be a decision of the archivist. Section 63(3) then states this decision cannot be further reviewed by the committee. However, s.51(c) gives the committee power to review decisions of the archivist refusing disposal. If the committee's decision is deemed to be the archivist's decision, a strict reading could allow a future committee to review it — which s.63(3) tries to prevent but the deeming provision in s.63(2) creates the exact conditions for."},{"type":"other","section":"sec.18(2)(a)","severity":"medium","reasoning":"The concept of a 'political party governing the office of the Minister' is legally novel and undefined. In a coalition government, multiple parties may jointly 'govern'. A minor party Minister in a coalition whose portfolio is taken over by the major party could arguably trigger this provision, sending records to the archives rather than the incoming Minister's authority — potentially depriving the succeeding government of operational continuity of records.","confidence":0.75,"description":"Section 18(2)(a) requires Ministerial records to go to the archives when a Minister loses office due to a 'change in the political party governing the office'. This is an unusual and potentially vague trigger — it is unclear whether this means a change of government entirely, a ministerial reshuffle within the same government, or a portfolio moving to a different party in a coalition. The phrase 'political party governing the office' has no definition and no precedent in standard Australian legislative drafting."}],"contradictions":[{"severity":"low","section_a":"sec.5","section_b":"sec.6","confidence":0.7,"description":"Section 5 declares the Act 'binds all persons, including the State', creating an impression of universal application. Section 6 immediately qualifies this by making the Act subject to any other Act that modifies who is a public authority, what is a public record, or whether access is authorised or prohibited. The breadth of s.6(1) effectively allows any other Act to hollow out the coverage of this Act, contradicting the absolute statement in s.5."},{"severity":"high","section_a":"sec.3","section_b":"sec.27(3)","confidence":0.88,"description":"The main purpose of the Act (s.3) is to benefit 'present and future generations' through management of public records. Section 27(3) permits disposal of records that the archivist has identified as being of 'permanent value', directly undermining the purpose of preserving records for future generations."},{"severity":"low","section_a":"sec.14(2)","section_b":"sec.23(1)","confidence":0.62,"description":"Section 14(2) requires a public authority to 'keep the public records made by the authority'. Section 23(1) makes it an offence to dispose of a public record without a disposal authorisation or reasonable excuse. However, s.14(3) and s.15(3) both permit disposal under a disposal authorisation. The mandatory keeping obligation in s.14(2) sits in tension with the disposal regime: it is unclear whether the keeping obligation creates an ongoing duty that disposal authorisations merely excuse, or whether authorised disposal extinguishes the keeping obligation prospectively."},{"severity":"medium","section_a":"sec.34","section_b":"sec.39(b)","confidence":0.82,"description":"Section 34 states the archivist 'must' allow access to open records (subject to division 4). Section 39(b) permits the archivist to 'refuse' access to a public record if it is 'reasonably available for purchase' by members of the public. An open record is a public record not subject to restricted access. Applying s.39(b) to refuse access to an open record directly contradicts the mandatory obligation in s.34."},{"severity":"low","section_a":"sec.44(c)","section_b":"sec.43(2)(a)","confidence":0.6,"description":"Section 44(c) lists making decisions about disposal of public records as a function of the archivist. Section 43(2)(a) explicitly exempts the archivist from ministerial control when making disposal decisions. However, s.43(1) subjects the archivist to the Minister generally. The interaction between the general subject-to-Minister provision and the specific carve-out creates ambiguity about whether any ministerial direction touching on matters adjacent to (but not directly about) disposal decisions is permissible."},{"severity":"medium","section_a":"sec.25(1)","section_b":"sec.26(1)(a)","confidence":0.85,"description":"Section 25(1) allows a public authority to give custody of a public record to the archives only if the record is 'of permanent value'. Section 26(1)(a) allows the archivist to take custody of any public record that is 'more than 25 years old', regardless of whether it has permanent value. This creates an asymmetry: a public authority can only voluntarily transfer permanent value records, but the archivist can compulsorily take any record over 25 years old — including records with no permanent value — without a permanent value requirement."},{"severity":"medium","section_a":"sec.20(1)","section_b":"sec.20(4)-(5)","confidence":0.83,"description":"Section 20(1) requires a 'responsible public authority' to apply for or consent to disposal before the archivist can authorise it. Sections 20(4)-(5) address the situation where the archives itself is the responsible public authority, requiring the archivist to consult the committee before disposal. However, s.20(1) still requires the archivist (as the responsible public authority) to apply to or consent to their own disposal decision — the archivist cannot logically be both the applicant/consenting party and the decision-maker in an arm's-length sense."},{"severity":"low","section_a":"sec.12(a)","section_b":"sec.46(2)","confidence":0.72,"description":"Section 12(a) requires public authorities to comply with standards made by the archivist. Section 46(2) requires a standard to be 'approved by regulation' before it takes effect. Until a regulation approves a standard, it has no legal force. This means that if the regulation-making process is slow or a standard is not submitted for regulatory approval, public authorities have no enforceable standards to comply with, undermining the mandatory compliance obligation in s.12(a)."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3466},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its core purpose of providing a framework for making, managing and accessing public records (section 3). While it modernizes the 2002 Act by explicitly including digital records, metadata, and establishing a First Nations Advisory Group, these provisions represent contemporary elaboration of the central records management function rather than scope creep into unrelated policy areas."},"complexity_factors":["Extensive cross-referencing to external legislation (Right to Information Act 2009, Public Sector Act 2022, Commissions of Inquiry Act 1950, etc.) creating an interdependent legal framework","Schedule-based classification system (Schedule 2) setting variable access periods with minimums for 'regulated records' and maximums for 'restricted information' requiring lookup tables","Multiple nested exceptions and qualifications (e.g., section 6 interaction with other Acts, section 9 Governor's correspondence exclusion, section 11 chief executive liability rules)","Complex conditional logic for determining 'responsible public authority' when entities transfer functions or cease to exist (sections 16-18 with multiple sub-conditions)","Transitional provisions (Part 8) that preserve the effects of the repealed 2002 Act for existing records, applications, and appointments","Defined terms located in Schedule 3 (not fully provided in extract) but heavily referenced throughout the operative provisions","Dual governance structure involving the Archivist, Public Records Review Committee, and First Nations Advisory Group with overlapping but distinct functions"],"plain_english_summary":"This is the **Public Records Act 2023** (Queensland), which replaces the old 2002 Act. It sets the rules for how Queensland government bodies (called \"public authorities\") must create, manage, store, and allow access to official records.\n\n### Who it affects\n- **Public authorities**: Government departments, local councils, Ministers, courts, commissions of inquiry, government-owned corporations, and certain other statutory bodies.\n- **The public**: Anyone seeking access to government records.\n- **The State Archivist**: The chief guardian of records who oversees the system.\n\n### What it does\n\n**1. Defines \"public records\"**\n- Includes documents, digital files, emails, metadata (data about data), and Ministerial records.\n- Excludes personal activities, party political activities, and certain Governor's correspondence (unless the Governor agrees).\n\n**2. Requires proper record-keeping**\n- Agencies must create records that accurately show their decisions and the context behind them.\n- Records must be kept safe and preserved, especially digital records that risk becoming unreadable as technology changes.\n- Agencies cannot destroy records without formal permission (a **disposal authorisation**) from the Archivist.\n\n**3. Protects valuable records**\n- It is a criminal offence (with fines up to 165 penalty units) to damage or destroy records that are over 25 years old or deemed of \"permanent value.\"\n- The Archivist can issue **protection notices** to freeze disposal of records needed for investigations (like Royal Commissions).\n\n**4. Manages access for the public**\n- **Open records**: Available to everyone once in the Archives.\n- **Restricted records**: Have time locks (restricted access periods) based on sensitivity. For example:\n  - Cabinet records have minimum closure periods.\n  - Personal information (health records, adoptions, criminal records) has maximum closure periods.\n  - These periods are calculated using tables in **Schedule 2**.\n- People can apply for early access, but the responsible agency can refuse or set conditions.\n\n**5. Handles agency changes**\n- If an agency is abolished or merged, its records must be transferred to the appropriate successor agency or the State Archives (sections 16–18).\n\n**6. Enforcement**\n- **Authorised officers** can enter premises to inspect records and systems.\n- It is an offence to assault or obstruct these officers.\n\n**7. First Nations focus**\n- Establishes a **First Nations Advisory Group** to advise on records relating to Aboriginal and Torres Strait Islander peoples, ensuring culturally appropriate management.\n\n### Why it matters\nThe Act ensures government transparency and accountability by preserving the evidence of how decisions are made, while protecting sensitive personal information and cultural heritage through controlled access periods."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-records-act-2023","history":"/api/acts/public-records-act-2023/history","analysis":"/api/acts/public-records-act-2023/analysis","conflicts":"/api/acts/public-records-act-2023/conflicts","importantCases":"/api/acts/public-records-act-2023/important-cases","documents":"/api/acts/public-records-act-2023/documents"}}