{"id":"a-2002-18","name":"Territory Records Act 2002","slug":"territory-records-act-2002","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"18 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24424,"registerId":"act-a-2002-18-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the offences against this Act.\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Application of Act\n(1) This Act, except for the following provisions, does not apply to\nrecords that are health records:\n(a) section 16;\n(b) section 17;\n(c) section 19;\n(d) section 21.\n(2) This Act does not apply to records of the human rights commission\nin relation to—\n(a) a complaint made to the commission under the Health\nRecords Act, section 18; or\n(b) the exercise of a function under the Human Rights Commission\nAct 2005 in relation to a complaint mentioned in paragraph (a).\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\nSection 6\npage 4 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) This Act does not apply to records of the legal aid commission that\nrelate to—\n(a) the provision of legal assistance to a person under the Legal Aid\nAct 1977, part 5 (Provision of legal assistance by commission);\nor\n(b) a negotiation process conducted under the Legal Aid Act 1977,\npart 5A (Dispute resolution).\nNote Under the Legal Aid Act 1977, s 69B, the legal aid commission must have\na records management program for records mentioned in s (3). The\nprogram is to be approved by the chief executive officer and a copy of\nthe program given to the director (see Legal Aid Act 1977, s 69C).\n\nManagement and care of records Part 2\nGeneral Division 2.1\nSection 7\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Management and care of records\nDivision 2.1 General\n","sortOrder":1},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of agency","content":"7 Meaning of agency\nIn this Act:\nagency means—\n(a) the Executive; or\n(b) the administrative unit; or\n(c) a statutory office-holder and the staff assisting the statutory\noffice-holder; or\n(d) a territory authority; or\n(e) a territory instrumentality; or\n(f) a territory-owned corporation or a subsidiary of a\nterritory-owned corporation; or\n(g) the Office of the Legislative Assembly; or\n(h) an officer of the Assembly; or\n(i) the Supreme Court; or\n(j) the Magistrates Court or Coroner’s Court; or\n(k) the ACAT; or\n(l) a board of inquiry under the Inquiries Act 1991; or\n(m) a judicial commission under the Judicial Commissions\nAct 1994; or\n\nPart 2 Management and care of records\nDivision 2.1 General\nSection 8\npage 6 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(n) the judicial council under the Judicial Commissions Act 1994,\nsection 5A; or\n(o) a royal commission under the Royal Commissions Act 1991; or\n(p) an entity prescribed by regulation to be an agency.\n","sortOrder":2},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of principal officer","content":"8 Meaning of principal officer\nIn this Act:\nprincipal officer, of an agency, means—\n(a) for the Executive—the head of service; or\n(b) for an administrative unit—the director-general of the\nadministrative unit; or\n(c) for the Supreme Court, Magistrates Court, Coroner’s Court or\nACAT—the chief executive officer appointed under the Court\nProcedures Act 2004, section 11A (1); or\n(d) for the Office of the Legislative Assembly—the clerk of the\nLegislative Assembly; or\n(e) for an officer of the Assembly—the officer; or\n(f) for a statutory office-holder and the staff assisting the statutory\noffice-holder—the statutory office-holder; or\n(g) for a territory-owned corporation or a subsidiary of a\nterritory-owned corporation—the chief executive officer of the\ncorporation or subsidiary; or\n(h) for a royal commission, board of inquiry, judicial commission\nor the judicial council (the body)—the director-general of the\nadministrative unit that provides secretariat support to the body;\nor\n(i) for any other agency—the person prescribed by regulation to be\nthe principal officer of the agency.\n\nManagement and care of records Part 2\nGeneral Division 2.1\nSection 9\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Meaning of record of an agency etc\n(1) For this Act, a record of the Executive—\n(a) is a record under the Executive’s control or that it is entitled to\ncontrol, kept as a record of its activities; and\n(b) includes a record created or received by a Minister as a member\nof the Executive; but\n(c) does not include a record—\n(i) relating to the Minister’s personal or political activities; or\n(ii) created or received by the Minister only in the Minister’s\ncapacity as a member of the Legislative Assembly.\n(2) For this Act, a record of an agency other than the Executive is a\nterritory record under the agency’s control or to which it is entitled to\ncontrol.\n(3) For this Act, a territory record is a record made and kept, or received\nand kept, by a person in the course of exercising a function under a\nterritory law.\n","sortOrder":3},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of records management","content":"10 Meaning of records management\n(1) For this Act, records management, in relation to an agency, is the\nmanaging of records of the agency—\n(a) to meet its operational needs; and\n(b) to ensure its records are managed and, if appropriate, preserved\nin accessible form—\n(i) to allow public access to them consistent with the\nprinciples of the FOI Act; and\n(ii) for the benefit of future generations.\n\nPart 2 Management and care of records\nDivision 2.2 Obligation of principal officers\nSection 11\npage 8 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Records management covers, but is not limited to, the creation,\nkeeping, protection, preservation, storage and disposal of, and access\nto, records of the agency.\n11 Meaning of control and entitled to control of a record\n(1) For this Act, an agency has control of a record if the agency has\npossession of the record.\n(2) For this Act, an agency is entitled to control a record if it is entitled\nto possession of the record.\n12 Records to which Act applies\nThis Act applies to a record of an agency whenever it was made.\nDivision 2.2 Obligation of principal officers\n13 Principal officers must ensure Act complied with\nThe principal officer of an agency must ensure that the agency\ncomplies with this Act in relation to its records.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\nDivision 2.3 Records management\n","sortOrder":4},{"sectionNumber":"14","sectionType":"section","heading":"Agencies to make and keep records","content":"14 Agencies to make and keep records\nAn agency must make and keep full and accurate records of its\nactivities.\n","sortOrder":5},{"sectionNumber":"15","sectionType":"section","heading":"Agencies to ensure accessibility of information","content":"15 Agencies to ensure accessibility of information\nAn agency must take the steps necessary to ensure that the\ninformation in its records continues to be accessible in accordance\nwith the FOI Act and this Act.\n\nManagement and care of records Part 2\nRecords management Division 2.3\nSection 16\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":6},{"sectionNumber":"16","sectionType":"section","heading":"Approved records management programs","content":"16 Approved records management programs\n(1) An agency must have an approved records management program.\n(2) The approved records management program must include\narrangements—\n(a) for ensuring that the agency complies with this Act and the\nrecords management program; and\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(b) for establishing normal practices and procedures for the exercise\nof functions of the agency in relation to its records (normal\nadministrative practices), including the disposal of records; and\n(c) for telling the director about any arrangements entered into with\nan entity that is not an agency to carry out any aspect of its\nrecords management; and\n(d) under which the director may examine the operation of the\nrecords management program and the agency’s compliance with\nthis Act and the records management program; and\n(e) for the resolution of disputes about whether the agency is\ncomplying with this Act or the records management program;\nand\n(f) to allow the director to report on the agency’s compliance with\nthis Act and the records management program; and\n(g) for allocating resources for the records management program;\nand\n(h) for the proper care of records of the agency, particularly records\nof archival or enduring value; and\n(i) for preserving records containing information that may allow\npeople to establish links with their Aboriginal or Torres Strait\nIslander heritage; and\n\nPart 2 Management and care of records\nDivision 2.3 Records management\nSection 16\npage 10 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(j) for the regular review of records to which a declaration under\nsection 28 (Declarations applying provisions of FOI Act)\napplies; and\n(k) for the director, if asked by the agency, to provide assistance,\nadvice and training to the agency in records management; and\n(l) for review and replacement or amendment of the records\nmanagement program.\n(3) Subsection (2) does not limit the matters that may be included in the\napproved records management program.\n(4) An agency may dispose of a record only in accordance with its\nrecords management program.\n(5) An agency may dispose of a record mentioned in subsection (2) (i)\nonly after consulting the council.\n(6) An agency must comply with its records management program.\n(7) Subsection (6) has effect despite any other Territory law, including\nthe Inquiries Act 1991, Judicial Commissions Act 1994 or Royal\nCommissions Act 1991.\n(8) Despite anything else in this section—\n(a) an approved records management program for health records is\nin addition to, and must not be inconsistent with, the\nrequirements of the Health Records Act; and\n(b) the Health Records Act prevails to the extent of any\ninconsistency between the program and the Health Records Act.\n\nManagement and care of records Part 2\nRecords management Division 2.3\nSection 17\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Procedure for approving records management programs\n(1) The principal officer of an agency may, in writing, approve a records\nmanagement program for the agency if satisfied that—\n(a) it complies with the approved standards and codes; and\n(b) the director has approved a schedule for the disposal of records\nof the agency; and\n(c) it includes the arrangements mentioned in section 16 (2)\n(Approved records management programs); and\n(d) for records of an agency containing information that may allow\npeople to establish links with their Aboriginal or Torres Strait\nIslander heritage—the agency has consulted with the council;\nand\n(e) for records of the agency that are health records—it is not\ninconsistent with the Health Records Act.\n(2) However, the principal officer of an agency may approve an agency’s\nrecords management program even though the program does not\ncomply with an approved standard or code, only if the director has\ncertified in writing that the noncompliance is necessary for the\nagency’s operational needs.\n(3) If the principal officer of an agency approves an agency’s records\nmanagement program, the principal officer must give a copy of the\nprogram to the director.\n","sortOrder":7},{"sectionNumber":"18","sectionType":"section","heading":"Approved standards and codes for records management","content":"18 Approved standards and codes for records management\n(1) The director may, in writing, approve standards and codes for agency\nrecords management.\n(2) Before approving a standard or code, the director must give a copy to\neach agency and give the agency a reasonable opportunity to\ncomment on the standard or code.\n\nPart 2 Management and care of records\nDivision 2.3 Records management\nSection 19\npage 12 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In deciding whether to approve a standard or code, the director must\ntake into account any comments made by an agency.\n(4) An approved standard or code is a notifiable instrument.\n","sortOrder":8},{"sectionNumber":"19","sectionType":"section","heading":"Approval of schedules for the disposal of records","content":"19 Approval of schedules for the disposal of records\n(1) The director may, in writing, approve schedules for the disposal of an\nagency’s records.\n(2) An approved schedule is a notifiable instrument.\n","sortOrder":9},{"sectionNumber":"19A","sectionType":"section","heading":"Records disposal schedules—suspension","content":"19A Records disposal schedules—suspension\n(1) The director may suspend a schedule approved under section 19 in\nrelation to a record or a class of records mentioned in the schedule.\n(2) A suspension is a notifiable instrument.\n","sortOrder":10},{"sectionNumber":"20","sectionType":"section","heading":"Review of approved standards and codes","content":"20 Review of approved standards and codes\nThe director must keep the approved standards and codes under\nreview.\n21 Inspection of records management programs\n(1) The principal officer of an agency must make the agency’s records\nmanagement program available for public inspection without charge\nduring ordinary working hours at the office of the principal officer\nand any other place decided by the principal officer.\n(2) This section does not require the principal officer of an agency to\ninclude in the agency’s records management program made available\nfor public inspection information about the existence or\nnon-existence of a document if that information would make the\nprogram contrary to the public interest information.\n\nManagement and care of records Part 2\nProtection of records Division 2.4\nSection 22\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.4 Protection of records\n","sortOrder":11},{"sectionNumber":"22","sectionType":"section","heading":"Protecting records","content":"22 Protecting records\n(1) An agency must ensure the safekeeping and proper preservation of its\nrecords.\n(2) An agency must ensure that its records that are in someone else’s\npossession are held under arrangements that provide for the\nsafekeeping, proper preservation and return of the records.\n(3) If an agency does not have control of a record that it is entitled to\ncontrol and the record is not held under arrangements mentioned in\nsubsection (2), the agency must take reasonable steps to recover\ncontrol of the record.\n(4) Subsection (3) does not apply if the record is under the control of\nsomeone else who has a right to control it.\n23 Protection measures\n(1) An agency must not—\n(a) abandon or dispose of a record; or\n(b) transfer or offer to transfer, or be a party to arrangements for the\ntransfer of, the possession or ownership of a record; or\n(c) damage a record; or\n(d) neglect a record in a way that causes, or is likely to cause,\ndamage to the record.\n(2) However, an agency does not contravene subsection (1) by doing—\n(a) anything in accordance with the agency’s normal administrative\npractice; or\n(b) anything authorised or required to be done under this Act, or a\nprovision of another Act, or a subordinate law, prescribed under\nthe regulations; or\n\nPart 2 Management and care of records\nDivision 2.4 Protection of records\nSection 23A\npage 14 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) anything with the written approval of the director or in\naccordance with a practice or procedure approved by the\ndirector; or\n(d) anything in accordance with a resolution of the Legislative\nAssembly; or\n(e) anything in accordance with an order or decision of a court or\ntribunal.\n(3) Despite section 23 (1) (b), the director may approve, in writing, the\ntransfer of the possession or ownership of a record of an agency to a\npublic body of the Commonwealth or a State if the director is satisfied\non reasonable grounds—\n(a) that the record is not a record the agency should retain control\nover; and\n(b) in relation to any other matter prescribed by regulation for this\nsubsection.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n(4) This section prevails over an Act enacted before the commencement\nof this section.\n(5) An Act enacted after the commencement of this section is not to be\ninterpreted as prevailing over or otherwise changing the effect of this\nsection except so far as the Act provides expressly for it to have that\neffect.\n","sortOrder":12},{"sectionNumber":"23A","sectionType":"section","heading":"Agencies with inter-government functions","content":"23A Agencies with inter-government functions\n(1) This section applies to an agency that exercises functions\n(inter-government functions) under a law, or under an agreement or\nother arrangement between governments, that provides for the\nexercise of functions by the agency jointly or in cooperation with a\npublic body of the Commonwealth or a State.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\nManagement and care of records Part 2\nProtection of records Division 2.4\nSection 23B\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The director may enter into an agreement (an inter-government\nrecords agreement) with the agency about the agency’s rights and\nobligations in relation to the making, keeping, protection and control\nof and access to the agency’s inter-government records.\n(3) An inter-government records agreement may exclude or modify the\noperation of a provision of this Act in its application to\ninter-government records.\n(4) This Act has effect in relation to an inter-government record\nmentioned in subsection (3) in accordance with the inter-government\nrecords agreement.\n(5) In this section:\ninter-government record, of an agency, means a record of the agency\nthat relates to its inter-government functions.\npublic body means a body established for a public purpose.\n","sortOrder":13},{"sectionNumber":"23B","sectionType":"section","heading":"Report about inter-government records agreements","content":"23B Report about inter-government records agreements\n(1) This section applies if the director enters into an inter-government\nrecords agreement with an agency under section 23A (2).\n(2) The director must give a report about the agreement to the Minister.\n(3) The report must include the following information:\n(a) the name of the agency;\n(b) the date the agreement was entered into;\n(c) a brief description of the agreement, including whether the\nagreement excludes or modifies the operation of a provision of\nthis Act in its application to inter-government records.\n(4) If the Minister is given a report under subsection (2), the Minister\nmust present the report to the Legislative Assembly within 6 sitting\ndays after the day the Minister receives the report.\n\n","sortOrder":14},{"sectionNumber":"Part 2","sectionType":"part","heading":"Management and care of records","content":"Part 2 Management and care of records\nDivision 2.5 Miscellaneous\nSection 24\npage 16 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Normal administrative practice\n(1) Something is taken to have been done in accordance with an agency’s\nnormal administrative practice if—\n(a) it is done in accordance with the normal practices and\nprocedures for the exercise of functions in the agency; and\n(b) the practices and procedures are consistent with the agency’s\napproved records management program.\n(2) However, something is taken not to have been done in accordance\nwith an agency’s normal administrative practice if—\n(a) it is done corruptly or fraudulently, for the purpose of concealing\nevidence of wrongdoing, or for any other improper purpose; or\n(b) it is conduct declared under the regulations to be unacceptable\nconduct; or\n(c) it is done in accordance with a practice or procedure declared\nunder the regulations to be unacceptable; or\n(d) it is done in accordance with a practice or procedure that the\nMinister has told the agency in writing is unacceptable.\n","sortOrder":15},{"sectionNumber":"Div 2","sectionType":"division","heading":"5 Miscellaneous","content":"Division 2.5 Miscellaneous\n","sortOrder":16},{"sectionNumber":"25","sectionType":"section","heading":"Records of agency that no longer exists etc","content":"25 Records of agency that no longer exists etc\n(1) If an agency (the original agency) is abolished or otherwise ceases to\nexist, the records of the agency become the records of—\n(a) the agency that exercises the functions of the original agency to\nwhich the record most closely relates; or\n(b) if the head of service directs that the record becomes the record\nof an agency—that agency.\n\nManagement and care of records Part 2\nMiscellaneous Division 2.5\nSection 25\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If a function of an agency (the original agency) is given or transferred\nto another agency, the records of the agency relating to the function\nbecome the records of—\n(a) the agency to which the functions of the original agency are\ntransferred; or\n(b) if the head of service directs that the record becomes the record\nof an agency—that agency.\n(3) If a function of an agency (the original agency) is discontinued, the\nrecords of the agency become the records of—\n(a) the agency that exercises the functions of the original agency to\nwhich the record most closely relates; or\n(b) if the head of service directs that the record becomes the record\nof an agency—that agency.\n\nPart 3 Agency records—access\nSection 26\npage 18 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Agency records—access\n26 Access to records\n(1) A record of an agency is open to public access under this Act on the\nnext Canberra Day after the end of 20 years after the record, or the\noriginal of which it is a copy, came into existence.\n(2) A person is entitled to access under this Act to a record of an agency\nthat is open to public access.\n27 Requests for access\n(1) A person who wishes to have access to a record of an agency that is\nopen to public access may apply to the agency.\n(2) An agency must take reasonable steps to assist a person to make a\nrequest in accordance with this section.\n(3) An agency to which a request is made in accordance with this section\nmust comply with the request within a reasonable time.\n","sortOrder":17},{"sectionNumber":"28","sectionType":"section","heading":"Declaration applying provisions of FOI Act","content":"28 Declaration applying provisions of FOI Act\n(1) The director may, on application by an agency, declare a record of the\nagency to be a record to which the FOI Act, part 5 (Access\napplications) applies.\n(2) The director may make the declaration only if—\n(a) the disclosure of the record would, or could reasonably be\nexpected to—\n(i) endanger the life or physical safety of a person; or\n(ii) prejudice law enforcement; or\n\nAgency records—access Part 3\nSection 29\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) unreasonably disclose information about any person\n(including a deceased person); or\n(iv) be a contempt of court or the Legislative Assembly; or\n(b) the record is subject to legal professional privilege.\n(3) Unless sooner revoked, a declaration is in force for—\n(a) 10 years after the day it is made; or\n(b) if a shorter period is stated in the declaration—the stated period.\n(4) A declaration can be made more than once for a record.\n(5) While a declaration about a record is in force, a person is not entitled\nto access to the record under this Act.\nNote A record to which a declaration applies may be accessed under the\nFOI Act.\n29 Giving access to records under this Act\n(1) If a person is entitled to access under this Act to a record of an agency,\nthe person is entitled to be given access to the record by being given—\n(a) a reasonable opportunity to inspect the record; or\n(b) a copy of the record; or\n(c) if the record is a record from which information may be\nproduced or made available by electronic or other means—\naccess to the information by use of that means; or\n(d) if the record is a record of words in a sound recording, or in\nshorthand or other encoded material—a written transcript of the\nwords.\n\n","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Agency records—access","content":"Part 3 Agency records—access\nSection 30\npage 20 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The person is entitled to choose how the person is to be given access,\nbut the agency may decide to give access in another way if satisfied\nthat access in the way chosen by the person—\n(a) is not practicable because the agency does not have, and cannot\nreadily obtain, equipment necessary to give access that way; or\n(b) would be unreasonable because of the cost to the agency in\ngiving access that way; or\n(c) would interfere unreasonably with the agency’s operations; or\n(d) would not be appropriate having regard to the physical nature of\nthe record; or\n(e) would be detrimental to the proper preservation of the record; or\n(f) would be an infringement of copyright, other than copyright\nowned by the Territory or an agency.\n(3) The agency may give access subject to conditions to ensure the safe\ncustody and proper preservation of the record.\n","sortOrder":19},{"sectionNumber":"30","sectionType":"section","heading":"Register of records","content":"30 Register of records\nAn agency must keep a register of its records in relation to which a\ndeclaration under section 28 (Declaration applying provisions of\nFOI Act) is in force.\n\nAgency records—access Part 3\nSection 31\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":20},{"sectionNumber":"31","sectionType":"section","heading":"Protection from liability when access given","content":"31 Protection from liability when access given\nIf an agency (the access provider) gives access under this Act to a\nrecord of the agency—\n(a) an action for defamation or breach of confidence does not lie\nagainst the Territory, an agency, a public servant, or anyone else\nacting with the authority of the access provider, because of the\ngiving of the access; and\n(b) an action for defamation or breach of confidence in relation to a\npublication involved in, or resulting from, the giving of the\naccess does not lie against the author of the record or anyone\nelse because of the author or the other person having given the\nrecord to an agency; and\n(c) the giving of the access is not, for a law about defamation or\nbreach of confidence, an authorisation or approval of the\npublication of the record or its contents by the person to whom\nthe access is given.\n\nPart 3A Executive records—access and release\nSection 31A\npage 22 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3A Executive records—access and\nrelease\n","sortOrder":21},{"sectionNumber":"31A","sectionType":"section","heading":"Application—pt 3A","content":"31A Application—pt 3A\nThis part applies to an executive record whenever the submission day\nfor the record happened.\n","sortOrder":22},{"sectionNumber":"31B","sectionType":"section","heading":"Definitions—pt 3A","content":"31B Definitions—pt 3A\nIn this part:\naccessible executive record means an executive record (or part of a\nrecord) on or after its earliest release day.\nearliest release day, for an executive record, means the next\nCanberra Day after the end of 10 years after the record’s submission\nday.\nExample\nIf the submission day for an executive record was 1 February 2002, its earliest\nrelease day is Canberra Day 2012.\nExecutive includes a committee of the Executive.\nexecutive record means—\n(a) a record (or part of a record) that—\n(i) has been, or is proposed by a Minister to be, submitted to\nthe Executive for consideration; and\n(ii) was brought into existence for the purpose of submission\nfor consideration by the Executive; or\n(b) an official record (or part of an official record) of the Executive;\nor\n(c) a copy of a record (or part of a record) mentioned in\nparagraph (a) or (b); or\n\nExecutive records—access and release Part 3A\nSection 31C\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a record (or part of a record) the disclosure of which would\ninvolve the disclosure of any deliberation or decision of the\nExecutive, other than a record (or part of a record) by which a\ndecision of the Executive was officially published.\nlater release day—see section 31G (7).\nprincipal officer means principal officer of the Executive.\nprotected private information—see section 31G (2) (b).\nrelease period, for a request under section 31D—\nsee section 31FA (1).\nrelease restraint determination—see section 31G (2).\nreviewable decision notice—see section 31I (1).\nsubmission day, of an executive record, means the day of the meeting\nof the Executive to which the record relates.\n","sortOrder":23},{"sectionNumber":"31C","sectionType":"section","heading":"List of released executive records—publication","content":"31C List of released executive records—publication\n(1) The principal officer must arrange for a list of all accessible executive\nrecords to be available to the public, without charge, in printed and\nelectronic form.\nExample—electronic form\nmaking an electronic copy of the list available on a website\nNote An executive record becomes an accessible executive record on its\nearliest release day (see s 31B, defs of accessible executive record and\nearliest release day).\n(2) If a release restraint determination is in force in relation to an\nexecutive record, the principal officer must—\n(a) arrange for the determination to be listed in relation to the entry\nfor the executive record; and\n(b) include a reviewable decision notice in the entry.\n\nPart 3A Executive records—access and release\nSection 31D\npage 24 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":24},{"sectionNumber":"31D","sectionType":"section","heading":"Requests for access","content":"31D Requests for access\nA person who wishes to have access to an accessible executive record\nmay apply to the principal officer.\n","sortOrder":25},{"sectionNumber":"31E","sectionType":"section","heading":"Giving access to accessible executive records—","content":"31E Giving access to accessible executive records—\nno release restraint determination\n(1) This section applies if—\n(a) the principal officer receives a request from a person under\nsection 31D for access to an accessible executive record; and\n(b) no release restraint determination is in force in relation to the\nrecord.\n(2) The principal officer must, without charge, give the person a copy of\nthe accessible executive record as soon as practicable, but not later\nthan 30 working days, after the day the officer receives the request.\n","sortOrder":26},{"sectionNumber":"31F","sectionType":"section","heading":"Giving access to accessible executive records—release","content":"31F Giving access to accessible executive records—release\nrestraint determination\n(1) This section applies if—\n(a) the principal officer receives a request from a person under\nsection 31D for access to an accessible executive record; and\n(b) either—\n(i) the principal officer has decided, or decides, to make a\nrelease restraint determination about the record\n(see section 31G (Release delayed or denied)); or\n(ii) a release restraint determination about the record is in\nforce.\n\nExecutive records—access and release Part 3A\nSection 31F\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If a release restraint determination about the record is in force, the\nprincipal officer must, without charge—\n(a) for any part of the record to which the determination does not\napply—give the person a copy of the part as soon as practicable,\nbut not later than 30 working days, after the day the officer\nreceives the request; and\n(b) for any part of the record to which the determination applies—\n(i) if the request is made before the later release day for the\npart—refuse the request; or\n(ii) if the request is made on or after the later release day for\nthe part—give the person a copy of the part as soon as\npracticable, but not later than 30 working days, after the\nday the officer receives the request.\n(3) However, the principal officer must refuse a request for a copy of a\npart of a record if—\n(a) a release restraint determination is in force determining the part\nto contain protected private information; and\n(b) the determination provides that the part is not to be released at\nall.\n(4) Despite subsections (2) (b) (i) and (3), the principal officer must give\na person a copy of a part of the record as soon as practicable, but not\nlater than 30 working days, after the day the officer receives the\nrequest if—\n(a) a release restraint determination is in force determining the part\nto contain protected private information; and\n(b) either—\n(i) the protected private information relates only to that\nperson; or\n\nPart 3A Executive records—access and release\nSection 31FA\npage 26 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) if the person to whom the information relates is dead—the\nperson requesting the copy is the dead person’s legal\npersonal representative.\nExample\nIf the protected private information relates to a number of people, and is made\njointly by all those people, or by a person with the authority of all those people,\ns (4) (b) would apply to allow the request to be granted.\n(5) If the principal officer has made a release restraint determination\nabout the record that is in force, the principal officer must (whether\nthe principal officer gives the person a copy of any part of the record),\nas soon as practicable, but not later than 30 working days, after the\nday the officer receives the request, give the person—\n(a) a copy of the determination; and\n(b) if the determination was made after the request was received—\na reviewable decision notice.\n31FA Extension of time for giving access\n(1) This section applies if, under section 31E or section 31F, the principal\nofficer must give a person a copy of an accessible executive record,\nor part of a record, not later than a stated period after the day the\nofficer receives the request (the release period).\n(2) The release period for the request is extended by the following:\n(a) any period agreed between the principal officer and the person\nmaking the request;\n(b) any period decided by the principal officer under\nsection 31FAA;\n(c) any period decided by the ombudsman under section 31FAB.\n(3) Also, if the release period includes 1 or more Christmas shutdown\ndays, the release period is extended by the number of Christmas\nshutdown days.\n\nExecutive records—access and release Part 3A\nSection 31FAA\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nChristmas shutdown day means a working day that falls on 27, 28,\n29, 30 or 31 December in a year.\n31FAA Extension of time by principal officer\n(1) The principal officer may, before the end of the release period for a\nrequest, extend the release period for the request by not more than\n30 working days if—\n(a) the request involves dealing with a large volume of information;\nor\n(b) the request is complex; or\n(c) the principal officer considers an extension is reasonable in the\ncircumstances.\n(2) The principal officer may extend the release period only once under\nthis section.\n31FAB Extension of time by ombudsman\n(1) The principal officer may, before the end of the release period for a\nrequest, apply to the ombudsman to extend the release period for the\nrequest.\n(2) An application may be made to the ombudsman whether or not the\nprincipal officer has extended the release period under\nsection 31FAA.\n(3) The ombudsman may extend the release period for the request if—\n(a) the request involves dealing with a large volume of information;\nor\n(b) the request is complex; or\n(c) the ombudsman considers an extension is reasonable in the\ncircumstances.\n\nPart 3A Executive records—access and release\nSection 31FB\npage 28 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The ombudsman may extend the release period more than once under\nthis section.\n(5) An extension of a release period may be subject to conditions.\n(6) The principal officer may continue to deal with the request for access,\nincluding by making a release restraint determination, while the\nombudsman considers the principal officer’s application.\n31FB Access not given in time taken to be refusal to give\naccess\nIf the principal officer does not give a person requesting access to an\naccessible executive record a copy of the record, or part of the record,\nwithin the release period (including any extension under\nsection 31FA), the principal officer is taken to have made, at the end\nof the release period, a release restraint determination that the record\nis not to be released at all.\n","sortOrder":27},{"sectionNumber":"31G","sectionType":"section","heading":"Release delayed or denied","content":"31G Release delayed or denied\n(1) Before giving a copy of an accessible executive record to a person\nunder section 31E or section 31F, the principal officer must assess\nwhether it contains information that would, or could reasonably be\nexpected to—\n(a) endanger the life or physical safety of a person; or\n(b) be an unreasonable limitation on a person’s rights under the\nHuman Rights Act 2004; or\n(c) significantly prejudice an ongoing criminal investigation.\n(2) The principal officer may determine (by a release restraint\ndetermination)—\n(a) that any part of the record containing the information is only to\nbe released on or after the later release day; or\n\nExecutive records—access and release Part 3A\nSection 31G\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for any information (protected private information) that would,\nor could reasonably be expected to, disclose personal\ninformation about any person (including a deceased person) and\nis contrary to the public interest information—\n(i) that the part containing the information is only to be\nreleased on or after the later release day; or\n(ii) that the part containing the information is not to be released\nat all.\n(3) The determination must state the reasons for making the\ndetermination.\n(4) Unless the determination states that the relevant part of the record is\nnot to be released at all (see subsection (2) (b) (ii)), it—\n(a) may determine a day for subsection (7) (a), by stating a\nparticular day or providing a way of working out the day; and\n(b) must explain how the later release day for the record is worked\nout under subsection (7).\n(5) A copy of the determination must be kept with the record.\n(6) The determination commences on the day it is made.\n(7) The later release day for a part of the record is the earliest of the\nfollowing:\n(a) the determined day (if any) under subsection (4) (a);\n(b) the day 5 years after the record’s earliest release day;\n(c) the next Canberra Day after the end of 20 years after the record’s\nsubmission day;\n(d) if the determination ceases to be in force—the day it ceases to\nbe in force.\n\nPart 3A Executive records—access and release\nSection 31H\npage 30 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":28},{"sectionNumber":"31H","sectionType":"section","heading":"FOI Act access not prevented","content":"31H FOI Act access not prevented\nThis part must not be interpreted as restricting any right of access to\ninformation under the FOI Act.\n31HA Functions of ombudsman\n(1) The ombudsman has the following functions for this Act:\n(a) to extend the release period for an accessible executive record\nin accordance with section 31FAB;\n(b) to review release restraint determinations under this part.\n(2) The ombudsman, in exercising a function under this Act, is entitled\nto full and free access at reasonable times to the relevant accessible\nexecutive record.\n","sortOrder":29},{"sectionNumber":"31I","sectionType":"section","heading":"Ombudsman review notice—release restraint","content":"31I Ombudsman review notice—release restraint\ndetermination\n(1) The principal officer must give written notice (a reviewable decision\nnotice) of a release restraint determination to each person whose\ninterests are affected by the determination.\n(2) In particular, the reviewable decision notice must tell the person that\nthey have—\n(a) the right to apply to the ombudsman for review of the\ndetermination and how the application must be made; and\n(b) the right to apply to the ACAT for review of the ombudsman’s\ndecision if the person is dissatisfied with that decision.\n","sortOrder":30},{"sectionNumber":"31J","sectionType":"section","heading":"Ombudsman review of certain determinations","content":"31J Ombudsman review of certain determinations\nA person whose interests are affected by a release restraint\ndetermination, including a determination taken to have been made\nunder section 31FB, may apply in writing to the ombudsman for\nreview of the determination.\n\nExecutive records—access and release Part 3A\nSection 31K\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":31},{"sectionNumber":"31K","sectionType":"section","heading":"Applications for ombudsman review","content":"31K Applications for ombudsman review\n(1) An application to the ombudsman for review of a release restraint\ndetermination must be made within—\n(a) 28 days after—\n(i) the day the applicant is told about the determination by the\nprincipal officer; or\n(ii) for a determination taken to have been made under\nsection 31FB—the day the determination was taken to\nhave been made; or\n(b) any longer period allowed by the ombudsman, whether before\nor after the end of the 28-day period.\n(2) The application must set out the grounds on which review of the\ndetermination is sought.\n(3) The making of the application for review does not affect the operation\nof the determination.\n31KA Ombudsman may require additional information from\napplicant or principal officer\n(1) Before deciding an application under section 31L, the ombudsman\nmay require the applicant or principal officer to give the ombudsman,\nwithin a stated time, additional information that the ombudsman\nreasonably needs to decide the application.\n(2) If the applicant or principal officer fails to comply with the\nrequirement within the stated time, the ombudsman may refuse to\nconsider the application further.\n(3) The review period mentioned in section 31L (7) does not include any\ntime given to the applicant or principal officer to comply with a\nrequirement under this section.\n\n","sortOrder":32},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Executive records—access and release","content":"Part 3A Executive records—access and release\nSection 31L\npage 32 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":33},{"sectionNumber":"31L","sectionType":"section","heading":"Ombudsman review","content":"31L Ombudsman review\n(1) The ombudsman must, within the review period for an application for\nreview of a release restraint determination, decide the application by\nconfirming, varying or revoking the determination.\n(2) The review period for an application is extended by the following:\n(a) any period agreed between the ombudsman and the applicant;\n(b) any period decided by the ombudsman under subsection (4).\n(3) Also, if the review period includes 1 or more Christmas shutdown\ndays, the review period is extended by the number of Christmas\nshutdown days.\n(4) The ombudsman may, before the end of the review period for the\napplication, extend the review period by not more than 30 working\ndays if—\n(a) the request involves dealing with a large volume of information;\nor\n(b) the request is complex; or\n(c) the ombudsman considers an extension is reasonable in the\ncircumstances.\n(5) As soon as practicable after reviewing the determination, the\nombudsman must give written notice of the decision on the review to\nthe applicant.\n(6) If the ombudsman does not vary or revoke the determination within\nthe review period (including any extension under subsection (2)),\nthe ombudsman is taken to have confirmed the determination.\n(7) In this section:\nChristmas shutdown day—see section 31FA (4).\n\nExecutive records—access and release Part 3A\nSection 31M\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nreview period, for an application for review of a release restraint\ndetermination, means the period ending 30 working days after the\nlater of the following:\n(a) the day the ombudsman receives the application;\n(b) the day the ombudsman is given access to the relevant accessible\nexecutive record.\nNote The ombudsman is entitled to access a relevant accessible\nexecutive record when exercising a function under this Act\n(see s 31HA (2)).\n","sortOrder":34},{"sectionNumber":"31M","sectionType":"section","heading":"Review of determinations by ACAT","content":"31M Review of determinations by ACAT\nA person whose interests are affected by a release restraint\ndetermination may apply to the ACAT for review of a decision made\nby the ombudsman under section 31L, including a decision taken to\nhave been made under section 31L (6).\n31MA Participants in review by ACAT\n(1) The applicant for ACAT review and the principal officer are\nparticipants in the ACAT review.\n(2) Any other person may apply to the ACAT to participate in the review.\n(3) The ACAT may allow the person to participate in the review in the\nway the ACAT directs.\n","sortOrder":35},{"sectionNumber":"31N","sectionType":"section","heading":"Protection from liability—executive records","content":"31N Protection from liability—executive records\nThe Territory is not liable to any person for anything done honestly\nand without recklessness to comply with this part.\n\nPart 4 Director of Territory Records\nSection 32\npage 34 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Director of Territory Records\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Establishment of position","content":"32 Establishment of position\nThe position of Director of Territory Records is established.\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Functions","content":"33 Functions\n(1) The director has the following functions:\n(a) to develop and approve standards and codes for records\nmanagement by agencies;\n(b) to assist in the development of an agency’s records management\nprogram and amendments of the program;\n(c) to encourage consistency in records management programs\nbetween agencies;\n(d) on behalf of the Territory or an agency, to recover possession or\ncontrol of records that, for whatever reason, are not under the\ncontrol of an agency;\n(e) to give advice to agencies about the preparation of, and to\napprove or suspend, schedules for the disposal of records under\nrecords management programs;\n(f) to monitor the disposal of records by agencies;\n(g) to examine the operation of the records management program of\nan agency and the agency’s compliance with this Act and the\nprogram and report on the operation and compliance;\n(h) to advise the Minister on any matter relevant to records\nmanagement or the operation of this Act;\n(i) to give assistance, advice and training to agencies in records\nmanagement;\n\nDirector of Territory Records Part 4\nSection 33\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(j) to develop measures for the preservation of records about\nAboriginal and Torres Strait Islander heritage;\n(k) to encourage consistency between agencies in the preparation of\nindexes and other guides to assist in the awareness of, and access\nto, records;\n(l) to encourage the development of appropriate records\nmanagement training for agency staff;\n(m) on behalf of the Territory or an agency, to enter into and manage\narrangements with the National Archives of Australia or any\nother entity about records management;\n(n) to assist in the development of facilities for access by the public\nto records;\n(o) to exercise any other function given to the director under this\nAct or any other Territory law;\n(p) to do anything else—\n(i) incidental, complementary or helpful to the director’s other\nfunctions; or\n(ii) likely to improve the effective and efficient exercise of the\ndirector’s other functions.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, defs entity and\nfunction).\n\nPart 4 Director of Territory Records\nSection 34\npage 36 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In subsection (1) (g):\nreport means—\n(a) for an agency mentioned in section 7 (Meaning of agency) other\nthan a board of inquiry or royal commission—report to the\nMinister; and\n(b) for a board of inquiry or royal commission—report to the\nLegislative Assembly.\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Appointment of the director","content":"34 Appointment of the director\nThe director is appointed by the Minister.\nNote 1 For the making of appointments generally, see Legislation Act, pt 19.3.\nNote 2 Certain statutory appointments made by a Minister require consultation\nwith a Legislative Assembly committee and are disallowable\n(see Legislation Act, div 19.3.3).\nNote 3 A power to appoint a person to a position includes power to appoint a\nperson to act in the position (see Legislation Act, s 209).\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Term of appointment of director","content":"35 Term of appointment of director\nThe director is to be appointed for a term not longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Ending of appointment of director","content":"36 Ending of appointment of director\nThe Minister may end the director’s appointment—\n(a) for misbehaviour or physical or mental incapacity; or\n(b) if the director becomes bankrupt or personally insolvent; or\n(c) if the director is convicted or found guilty of an indictable\noffence; or\n\nDirector of Territory Records Part 4\nSection 37\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if the member fails to comply with section 51 (Disclosure of\ninterests by members of council) without reasonable excuse; or\n(e) if the director is absent from duty, other than on approved leave,\nfor 14 consecutive days or for 28 days in any 12-month period.\nNote The director’s appointment also ends if the director resigns\n(see Legislation Act, s 210).\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Conditions of appointment generally","content":"37 Conditions of appointment generally\nThe director holds the position on the conditions not provided by this\nAct or another Territory law that are decided by the Minister.\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Delegation","content":"38 Delegation\nThe director may delegate the director’s powers under this Act\n(other than section 28 (Declaration applying provisions of FOI Act)\nto a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Ministerial directions to the director","content":"39 Ministerial directions to the director\n(1) The Minister may give written directions to the director about the\nexercise of the director’s functions.\n(2) Before giving a direction, the Minister must—\n(a) tell the director of the intent of the proposed direction; and\n(b) give the director a reasonable opportunity to comment on the\nproposed direction; and\n(c) consider any comments made by the director.\n(3) The Minister must present a copy of a direction given under this\nsection to the Legislative Assembly within 6 sitting days after the day\nit is given.\n\n","sortOrder":44},{"sectionNumber":"Part 4","sectionType":"part","heading":"Director of Territory Records","content":"Part 4 Director of Territory Records\nSection 40\npage 38 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The director must comply with a direction given to the director under\nthis section.\n(5) For the Competition and Consumer Act 2010 (Cwlth), this Act\nauthorises—\n(a) the giving of a direction under this section; and\n(b) the doing of, or the failure to do, anything by the director to\ncomply with a direction under this section.\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Arrangements for staff","content":"40 Arrangements for staff\nThe director may arrange with the head of service to use the services\nof a public servant.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n\nTerritory Records Advisory Council Part 5\nEstablishment, functions and members of council Division 5.1\nSection 41\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Territory Records Advisory\nCouncil\nDivision 5.1 Establishment, functions and\nmembers of council\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Territory Records Advisory Council","content":"41 Territory Records Advisory Council\nThere is a Territory Records Advisory Council.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Functions of council","content":"42 Functions of council\nThe functions of the council are to advise the director about—\n(a) the development and review of standards and codes for agency\nrecords management; and\n(b) the disposal of agency records; and\n(c) the preservation of agency records about Aboriginal and Torres\nStrait Islander heritage; and\n(d) issues relating to the access to records that are open to public\naccess under section 26 (Access to records).\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and\nfunction).\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Membership of council","content":"43 Membership of council\nThe council consists of—\n(a) the director; and\n(b) not less than 5, and not more than 8, members (the appointed\nmembers) appointed by the Minister under section 44.\n\nPart 5 Territory Records Advisory Council\nDivision 5.1 Establishment, functions and members of council\nSection 44\npage 40 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Appointed members of council","content":"44 Appointed members of council\n(1) The Minister must appoint as a member at least 1 person to represent\neach of the following:\n(a) agencies;\n(b) professional organisations interested in records management\nand archives;\n(c) community associations interested in historical or heritage\nissues;\n(d) entities interested in Aboriginal and Torres Strait Islander\nheritage;\n(e) organisations interested in public administration, governance or\npublic accountability.\nNote 1 For the making of appointments generally, see Legislation Act, pt 19.3.\nNote 2 Certain statutory appointments made by a Minister require consultation\nwith a Legislative Assembly committee and are disallowable\n(see Legislation Act, div 19.3.3).\nNote 3 A power to appoint a person to a position includes power to appoint a\nperson to act in the position (see Legislation Act, s 209).\n(2) The person appointed to represent entities mentioned in\nsubsection (1) (d) must be an Aboriginal or Torres Strait Islander.\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"45 Chairperson and deputy chairperson\n(1) The Minister must appoint—\n(a) an appointed member to be chairperson; and\n(b) another appointed member to be deputy chairperson\n(2) A person appointed to be chairperson or deputy chairperson ceases to\nhold office if the person ceases to be an appointed member.\n\nTerritory Records Advisory Council Part 5\nEstablishment, functions and members of council Division 5.1\nSection 46\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"Term of appointment of appointed members","content":"46 Term of appointment of appointed members\nAn appointed member is to be appointed for a term of not longer than\n3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n","sortOrder":52},{"sectionNumber":"47","sectionType":"section","heading":"Ending of appointment of appointed members","content":"47 Ending of appointment of appointed members\n(1) The Minister must end the appointment of an appointed member if\nsatisfied that the member is no longer an appropriate person to\nrepresent the relevant group of entities mentioned in\nsection 44 (1) (a), (b), (c) and (d) (Appointed members of council).\n(2) The Minister may end the appointment of an appointed member—\n(a) for misbehaviour or physical or mental incapacity; or\n(b) if the member is absent for 3 consecutive meetings of the council\nwithout reasonable excuse; or\n(c) if the member is convicted or found guilty of an indictable\noffence; or\n(d) if the member fails to comply with section 51 (Disclosure of\ninterests by members of council) without reasonable excuse.\nNote A member’s appointment also ends if the member resigns\n(see Legislation Act, s 210).\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Conditions of appointment generally","content":"48 Conditions of appointment generally\nAn appointed member holds the position on the conditions not\nprovided by this Act or another Territory law that are decided by the\nMinister.\n\nPart 5 Territory Records Advisory Council\nDivision 5.2 Proceedings of council\nSection 49\npage 42 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.2 Proceedings of council\n","sortOrder":54},{"sectionNumber":"49","sectionType":"section","heading":"Time and place of meetings of council","content":"49 Time and place of meetings of council\n(1) The council is to meet at the times and places it decides.\n(2) However, the council must meet at least 4 times a year.\n(3) The chairperson—\n(a) may at any time call a meeting of the council; and\n(b) must call a meeting if asked by the Minister, the director or at\nleast 3 appointed members.\n(4) If the chairperson is not available for any reason to call a meeting of\nthe council, the deputy chairperson may call the meeting.\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Procedures governing proceedings of council","content":"50 Procedures governing proceedings of council\n(1) The chairperson of the council presides at all meetings of the council\nat which the chairperson is present.\n(2) If the chairperson is absent, the deputy chairperson presides.\n(3) If the chairperson and deputy chairperson are both absent, the\nmember chosen by the members present presides.\n(4) Business may be carried out at a meeting of the council only if\n3 appointed members are present.\n(5) At a meeting of the council each appointed member has a vote on\neach question to be decided.\n(6) A question is to be decided by a majority of the votes of the appointed\nmembers present and voting but, if the votes are equal, the member\npresiding has a casting vote.\n(7) The council may hold meetings, or allow members to take part in\nmeetings, by telephone, closed-circuit television or another form of\ncommunication.\n\nTerritory Records Advisory Council Part 5\nProceedings of council Division 5.2\nSection 51\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) A member who takes part in a meeting conducted under\nsubsection (7) is taken to be present at the meeting.\n(9) A resolution of the council is a valid resolution, even though it was\nnot passed at a meeting of the council, if—\n(a) all appointed members agree, in writing, to the proposed\nresolution; and\n(b) notice of the resolution is given under procedures decided by the\ncouncil.\n(10) The council must keep minutes of its meetings.\n(11) The council may conduct its proceedings (including its meetings) as\nit otherwise considers appropriate.\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Disclosure of interests by members of council","content":"51 Disclosure of interests by members of council\n(1) This section applies to a member of the council if—\n(a) the member has a direct or indirect financial interest in an issue\nbeing considered, or about to be considered, by the council; and\n(b) the interest could conflict with the proper exercise of the\nmember’s functions in relation to the council’s consideration of\nthe issue.\n(2) As soon as practicable after the relevant facts come to the member’s\nknowledge, the member must disclose the nature of the interest to a\nmeeting of the council.\n(3) The disclosure must be recorded in the council’s minutes and, unless\nthe council otherwise decides, the member must not—\n(a) be present when the council considers the issue; or\n(b) take part in a decision of the council on the issue.\n\n","sortOrder":57},{"sectionNumber":"Part 5","sectionType":"part","heading":"Territory Records Advisory Council","content":"Part 5 Territory Records Advisory Council\n","sortOrder":58},{"sectionNumber":"Div 5","sectionType":"division","heading":"2 Proceedings of council","content":"Division 5.2 Proceedings of council\nSection 51\npage 44 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Any other member who also has a direct or indirect financial interest\nin the issue must not—\n(a) be present when the council is considering its decision under\nsubsection (3); or\n(b) take part in making the decision.\n(5) Within 14 days after the end of each financial year, the chairperson\nof the council must give the Minister a statement of any disclosure of\ninterest made under this section during the financial year.\n\nMiscellaneous Part 6\nSection 52\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"Secrecy","content":"52 Secrecy\n(1) In this section:\ncourt includes any tribunal or other entity having power to require the\nproduction of documents or the answering of questions.\nperson to whom this section applies means a person who is or has\nbeen—\n(a) the director; or\n(b) an appointed member of the council; or\n(c) anyone else who has exercised a function under this Act.\nproduce includes permit access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the person’s position under this Act or the exercise of a\nfunction under this Act.\n(2) A person to whom this section applies commits an offence if the\nperson—\n(a) makes a record of protected information; or\n(b) directly or indirectly, discloses or communicates to a person\nprotected information about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\n","sortOrder":60},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6 Miscellaneous\nSection 53\npage 46 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subsection (2) does not apply if the record is made, or the information\nis disclosed or communicated—\n(a) under this or any other Act; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this or any other Act.\n(4) Subsection (2) does not prevent a person to whom this section applies\nfrom divulging or communicating protected information to a person\nabout someone else with the consent of the other person.\n(5) A person to whom this section applies is not required—\n(a) to divulge or communicate protected information to a court; or\n(b) to produce a document containing protected information to a\ncourt;\nunless it is necessary to do so for this Act or another Act.\n","sortOrder":61},{"sectionNumber":"53","sectionType":"section","heading":"Secrecy about information acquired under other Acts","content":"53 Secrecy about information acquired under other Acts\n(1) The provisions of another Act imposing restrictions or obligations of\nsecrecy or nondisclosure of information acquired in the course of the\nadministration of that Act apply to a person who, because of the\nperson’s position under this Act or in the exercise of functions under\nthis Act, has access to the information because of the information\nhaving been acquired in the course of the administration of the\nother Act.\n(2) For subsection (1), the person who has access to the information in\nthe exercise of functions under this Act is taken to be a person\nengaged in the administration of the other Act.\n\nMiscellaneous Part 6\nSection 54\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subsection (1) does not prevent—\n(a) the giving of access to records under part 3 (Access to records);\nor\n(b) the preparation and dissemination of guides and aids to finding\ninformation contained in the records.\n","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"Protection from liability","content":"54 Protection from liability\n(1) In this section:\nofficial means—\n(a) the principal officer of an agency; or\n(b) the director; or\n(c) an appointed member of the council; or\n(d) anyone else exercising a function under this Act.\n(2) An official does not incur civil or criminal liability for an act or\nomission done honestly and without negligence for this Act.\n(3) A civil liability that would, apart from this section, attach to an\nofficial attaches instead to the Territory.\n","sortOrder":63},{"sectionNumber":"55","sectionType":"section","heading":"Determination of fees","content":"55 Determination of fees\n(1) The Minister may, in writing, determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Regulation-making power","content":"57 Regulation-making power\nThe Executive may make regulations for this Act.\n\nPart 7 Transitional—Territory Records (Executive Records) Amendment Act\n2026\nSection 58\npage 48 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":65},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional—Territory Records","content":"Part 7 Transitional—Territory Records\n(Executive Records) Amendment\nAct 2026\n58 Meaning of commencement day—pt 7\nIn this part:\ncommencement day means the day the Territory Records (Executive\nRecords) Amendment Act 2026, section 3 commences.\n","sortOrder":66},{"sectionNumber":"59","sectionType":"section","heading":"Requests for access to accessible executive records","content":"59 Requests for access to accessible executive records\nmade before commencement day\n(1) This section applies to a request for access to an accessible executive\nrecord under section 31D made but not finally dealt with before the\ncommencement day.\n(2) Part 3A, as in force immediately before the commencement day,\ncontinues to apply in relation to the request.\n(3) The principal officer must, before Canberra Day in 2027, deal with\nthe request under sections 31E to 31G and section 31I, as in force\nimmediately before the commencement day.\n","sortOrder":67},{"sectionNumber":"60","sectionType":"section","heading":"Requests for access to accessible executive records","content":"60 Requests for access to accessible executive records\nmade on or after commencement day and before\n1 July 2026\n(1) This section applies to a request for access to an accessible executive\nrecord (the record) under section 31D made by a person on or after\nthe commencement day and before 1 July 2026.\n(2) Part 3A, as in force immediately before the commencement day,\ncontinues to apply in relation to the request, subject to subsections (3)\nto (7).\n\nTransitional—Territory Records (Executive Records) Amendment Act\n2026\nPart 7\nSection 61\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the principal officer is required under section 31E or section 31F,\nas in force immediately before the commencement day, to give the\nperson a copy of the record, or part of the record, as soon as\npracticable after receiving the request, the principal officer must give\nthe person the record, or the part of the record, within 30 working\ndays after the day the officer receives the request (the release period).\n(4) The release period for the request is extended by the following:\n(a) any period agreed between the principal officer and the person;\n(b) any period decided by the principal officer under subsection (5).\n(5) The principal officer may, before the end of the release period for the\nrequest, extend the release period by not more than 30 working days\nif—\n(a) the request involves dealing with a large volume of information;\nor\n(b) the request is complex; or\n(c) the principal officer considers an extension is reasonable in the\ncircumstances.\n(6) The principal officer may extend the release period for the request\nonly once under subsection (5).\n(7) If the principal officer does not give the person the record, or the part\nof the record, within the release period (including any extension under\nsubsection (4)), the principal officer is taken to have made, at the end\nof the release period, a release restraint determination that the\nrequested record is not to be released at all.\n61 Expiry—pt 7\nThis part expires on the day after Canberra Day in 2027.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nDictionary\npage 50 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• administrative unit\n• bankrupt or personally insolvent\n• director-general (see s 163)\n• document\n• entity\n• Executive\n• head of service\n• Minister (see s 162)\n• Office of the Legislative Assembly\n• officer of the Assembly\n• ombudsman\n• person (see s 160)\n• public servant\n• public service\n• working day.\naccessible executive record, for part 3A (Executive records—access\nand release)—see section 31B.\nagency—see section 7.\nappointed member—see section 43 (b) (Membership of council).\napproved records management program means a records\nmanagement program approved under section 17 (Procedure for\napproving records management programs).\napproved code means a code approved under section 18 (Approved\nstandards and codes for records management).\n\nDictionary\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\napproved standard means a standard approved under section 18\n(Approved standards and codes for records management).\narrangement includes a contract.\nCanberra Day, in any year, means the day that is Canberra Day under\nthe Holidays Act 1958.\ncontrary to the public interest information—see the FOI Act,\nsection 16.\ncontrol, of a record—see section 11.\ncouncil means the Territory Records Advisory Council.\ndirector means the Director of Territory Records.\ndisposal, of a record, includes the deletion or destruction of the record\nfrom a record keeping system.\nearliest release day, for part 3A (Executive records—access and\nrelease)—see section 31B.\nentitled to control, of a record—see section 11.\nExecutive, for part 3A (Executive records—access and release)—\nsee section 31B.\nexecutive record, for part 3A (Executive records—access and\nrelease)—see section 31B.\nFOI Act means the Freedom of Information Act 2016.\nhealth record—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\nHealth Records Act means the Health Records (Privacy and Access)\nAct 1997.\nlater release day, for part 3A (Executive records—access and\nrelease)—see section 31B.\nmember means a member of the council.\n\nDictionary\npage 52 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nnormal administrative practices—see section 24 (Normal\nadministrative practice).\nprincipal officer—\n(a) for this Act generally—see section 8; and\n(b) for part 3A (Executive records—access and release)—\nsee section 31B.\nprotected private information, for part 3A (Executive records—\naccess and release)—see section 31B.\npublic body means a body established for a public purpose.\nrecord—\n(a) means information created and kept, or received and kept, as\nevidence and information by a person in accordance with a legal\nobligation or in the course of conducting business; and\n(b) includes information in written, electronic or any other form.\nrecords management—see section 10.\nrelease period, for a request under section 31D, for part 3A\n(Executive records—access and release)—see section 31FA (1).\nrelease restraint determination, for part 3A (Executive records—\naccess and release)—see section 31B.\nreviewable decision notice, for part 3A (Executive records—access\nand release)—see section 31B.\nsubmission day, for part 3A (Executive records—access and\nrelease)—see section 31B.\nterritory record—see section 9 (3).\n\nEndnotes\nAbout the endnotes 1\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 54 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nTerritory Records Act 2002 A2002-18\nnotified LR 13 June 2002\ns 1, s 2 commenced 13 June 2002 (LA s 75 (1))\npt 3 commenced 1 July 2008 (s 2 (1) as am by A2007-9 s 4)\nremainder commenced 2 July 2003 (s 2 (3))\nas amended by\nCriminal Code 2002 A2002-51 sch 1 pt 1.23\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 1 pt 1.23 commenced 2 July 2003 (s 2 (2) and see A2002-18,\ns 2 (3))\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.33\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.33 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nHuman Rights Commission Legislation Amendment Act 2005\nA2005-41 sch 1 pt 1.13 (as am by A2006-3 amdt 1.3)\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nsch 1 pt 1.13 commenced 1 November 2006 (s 2 (3) (as am by\nA2006-3 amdt 1.3) and see Human Rights Commission Act 2005\nA2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdt 1.3\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdt 1.3 commenced 23 February 2006 (s 2)\nNote This Act only amends the Human Rights Commission\nLegislation Amendment Act 2005 A2005-41\n\nEndnotes\nLegislation history 3\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.96\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.96 commenced 12 April 2007 (s 2 (1))\nTerritory Records Amendment Act 2007 A2007-9\nnotified LR 10 May 2007\ns 1, s 2 commenced 10 May 2007 (LA s 75 (1))\nremainder commenced 11 May 2007 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.56\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.56 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.49\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.49 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.73\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.73 commenced 17 December 2009 (s 2)\nTerritory Records Amendment Act 2010 A2010-48\nnotified LR 25 November 2010\ns 1, s 2 commenced 25 November 2010 (LA s 75 (1))\nremainder commenced 26 November 2010 (s 2)\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.26\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.26 commenced 1 January 2011 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 56 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.149\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.149 commenced 1 July 2011 (s 2 (1))\nLegislative Assembly (Office of the Legislative Assembly) Act 2012\nA2012-26 sch 1 pt 1.9\nnotified LR 24 May 2012\ns 1, s 2 commenced 24 May 2012 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 July 2012 (s 2)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\nsch 1 pt 1.9\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 July 2014 (s 2)\nJudicial Commissions Amendment Act 2015 A2015-1 sch 1 pt 1.7\nnotified LR 25 February 2015\ns 1, s 2 commenced 25 February 2015 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 February 2017 (s 2 (as am by A2015-52\ns 28))\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 10 (s 28) commenced 10 December 2015 (s 2 (2))\nNote Pt 10 (s 28) only amends the Judicial Commissions\nAmendment Act 2015 A2015-1.\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.20\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.20 commenced 29 June 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.61\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.61 commenced 1 September 2016 (s 2)\n\nEndnotes\nLegislation history 3\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.26 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.26 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nJustice and Community Safety Legislation Amendment Act 2017\n(No 3) A2017-38 pt 17\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 17 commenced 1 January 2018 (s 2 (3) and see A2016-55 as am by\nA2017-14 s 19)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 14\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 14 commenced 21 June 2019 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.57\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.57 commenced 23 June 2021 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 1 pt 1.1\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 1 pt 1.1 commenced 24 August 2022 (s 2)\n\nEndnotes\n","sortOrder":68},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\npage 58 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2023\n(No 2) A2023-42 sch 1 pt 1.3\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\nsch 1 pt 1.3 commenced 9 November 2023 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.92, sch 4\npt 4.173\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.92, sch 4 pt 4.173 commenced 26 November 2025\n(s 2 (3), (9))\nTerritory Records (Executive Records) Amendment Act 2026 A2026-3\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\nremainder commenced 9 March 2026 (s 2)\n\nEndnotes\nAmendment history 4\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement—pt 3\ns 2 sub A2007-9 s 4\nom LA s 89 (4)\nMain purposes of Act\ns 3 am A2010-48 s 4; pars renum R10 LA; A2016-55 amdt 4.36\nDictionary\ns 4 am A2007-3 amdt 3.483; A2016-55 amdt 4.37\nOffences against Act—application of Criminal Code etc\ns 5A ins A2002-51 amdt 1.47\nApplication of Act\ns 6 am A2005-41 amdt 1.126; A2010-48 s 5, s 6\nMeaning of agency\ns 7 am A2008-36 amdt 1.630; pars renum R8 LA; A2012-26\namdt 1.49; A2013-41 amdt 1.41; pars renum R15 LA;\nA2016-52 amdt 1.161; A2015-1 amdt 1.7; pars renum R18\nLA\nsub A2016-55 amdt 4.38\nam A2017-38 s 52; A2019-17 s 33\nMeaning of principal officer\ns 8 am A2008-36 amdt 1.631; pars renum R8 LA; A2011-22\namdt 1.420; A2012-26 amdt 1.50; A2013-41 amdt 1.42; pars\nrenum R15 LA; A2016-37 amdt 1.41; pars renum R16 LA;\nA2016-52 amdt 1.162, amdt 1.163\nsub A2016-55 amdt 4.38\nam A2017-38 s 53, s 54; pars renum R19 LA; A2019-17 s 34,\ns 35; A2023-42 amdt 1.3\nMeaning of record of an agency etc\ns 9 sub A2010-48 s 7\nApproved records management programs\ns 16 am A2010-48 s 8\nProcedure for approving records management programs\ns 17 am A2010-48 s 9\nApproved standards and codes for records management\ns 18 am A2025-29 amdt 4.175\nApproval of schedules for the disposal of records\ns 19 am A2010-48 s 10; A2025-29 amdt 4.175\nRecords disposal schedules—suspension\ns 19A ins A2010-48 s 11\nam A2025-29 amdt 4.175\n\nEndnotes\n4 Amendment history\npage 60 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nInspection of records management programs\ns 21 am A2016-55 amdt 4.39\nProtection measures\ns 23 am A2010-48 s 12; ss renum R10 LA\nAgencies with inter-government functions\ns 23A ins A2010-48 s 13\nReport about inter-government records agreements\ns 23B ins A2010-48 s 13\nRecords of agency that no longer exists etc\ns 25 am A2011-22 amdt 1.421; A2016-52 amdt 1.164, amdt 1.165\nAgency records—access\npt 3 hdg sub A2010-48 s 14\nAccess to records\ns 26 am A2010-48 s 15\nDeclaration applying provisions of FOI Act\ns 28 am A2010-48 s 16\nsub A2016-55 amdt 4.40\nGiving access to records under this Act\ns 29 am A2025-29 amdt 4.175\nExecutive records—access and release\npt 3A hdg ins A2010-48 s 17\nApplication—pt 3A\ns 31A ins A2010-48 s 17\nDefinitions—pt 3A\ns 31B ins A2010-48 s 17\ndef accessible executive record ins A2010-48 s 17\ndef Assembly ins A2010-48 s 17\nom A2025-29 amdt 3.332\ndef earliest release day ins A2010-48 s 17\ndef Executive ins A2010-48 s 17\ndef executive record ins A2010-48 s 17\ndef internally reviewable determination ins A2010-48 s 17\nom A2026-3 s 4\ndef internal reviewer ins A2010-48 s 17\nom A2026-3 s 4\ndef later release day ins A2010-48 s 17\ndef principal officer ins A2010-48 s 17\ndef protected private information ins A2010-48 s 17\n\nEndnotes\nAmendment history 4\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef release period ins A2026-3 s 5\ndef release restraint determination ins A2010-48 s 17\ndef reviewable decision notice ins A2010-48 s 17\ndef submission day ins A2010-48 s 17\nList of released executive records—publication\ns 31C ins A2010-48 s 17\nam A2025-29 amdt 3.333\nRequests for access\ns 31D ins A2010-48 s 17\nGiving access to accessible executive records—no release restraint\ndetermination\ns 31E ins A2010-48 s 17\nam A2026-3 s 6\nGiving access to accessible executive records—release restraint\ndetermination\ns 31F ins A2010-48 s 17\nam A2026-3 s 7\nExtension of time for giving access\ns 31FA ins A2026-3 s 8\nExtension of time by principal officer\ns 31FAA ins A2026-3 s 8\nExtension of time by ombudsman\ns 31FAB ins A2026-3 s 8\nAccess not given in time taken to be refusal to give access\ns 31FB ins A2026-3 s 8\nRelease delayed or denied\ns 31G ins A2010-48 s 17\nam A2011-22 amdt 1.422; A2016-55 amdt 4.41, amdt 4.42;\nA2025-29 amdt 3.334, amdt 4.175\nFOI Act access not prevented\ns 31H hdg sub A2016-55 amdt 4.43\ns 31H ins A2010-48 s 17\nam A2016-55 amdt 4.44\nFunctions of ombudsman\ns 31HA ins A2026-3 s 9\nOmbudsman review notice—release restraint determination\ns 31I hdg sub A2026-3 s 10\ns 31I ins A2010-48 s 17\nam A2025-29 amdt 4.175\nam A2026-3 s 11\n\nEndnotes\n4 Amendment history\npage 62 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOmbudsman review of certain determinations\ns 31J ins A2010-48 s 17\nsub A2026-3 s 12\nApplications for ombudsman review\ns 31K ins A2010-48 s 17\nsub A2026-3 s 12\nOmbudsman may require additional information from applicant or\nprincipal officer\ns 31KA ins A2026-3 s 12\nOmbudsman review\ns 31L ins A2010-48 s 17\nsub A2026-3 s 12\nReview of determinations by ACAT\ns 31M ins A2010-48 s 17\nam A2025-29 amdt 3.335, amdt 4.175\nsub A2026-3 s 12\nParticipants in review by ACAT\ns 31MA ins A2026-3 s 12\nProtection from liability—executive records\ns 31N ins A2010-48 s 17\nFunctions\ns 33 am A2004-9 amdt 1.45; A2010-48 s 18, s 19; pars renum\nR10 LA; A2016-52 amdt 1.166\nEnding of appointment of director\ns 36 am A2008-28 amdt 3.167; A2009-49 amdt 3.188;\nA2022-14 amdt 1.1\nMinisterial directions to the director\ns 39 am A2010-54 amdt 3.59\nArrangements for staff\ns 40 am A2011-22 amdt 1.423\nsub A2016-52 amdt 1.167\nFunctions of council\ns 42 am A2007-3 amdt 3.484; A2010-48 s 20\nMembership of council\ns 43 am A2010-48 s 21\nAppointed members of council\ns 44 am A2010-48 s 22\n\nEndnotes\nAmendment history 4\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSecrecy\ns 52 am A2002-51 amdt 1.48; ss renum R1 LA (see A2002-51\namdt 1.49)\nDetermination of fees\ns 55 am A2025-29 amdt 4.175\nApproved forms\ns 56 om A2021-12 amdt 3.170\nRegulation-making power\ns 57 am A2025-29 amdt 4.175\nTransitional—Territory Records (Executive Records) Amendment Act 2026\npt 7 hdg ins A2026-3 s 13\nexp 9 March 2027 (s 61)\nMeaning of commencement day—pt 7\ns 58 sub A2007-9 s 5\nexp 31 December 2010 (s 58 (3))\nins A2026-3 s 13\nexp 9 March 2027 (s 61)\nRequests for access to accessible executive records made before\ncommencement day\ns 59 ins A2026-3 s 13\nexp 9 March 2027 (s 61)\nRequests for access to accessible executive records made on or after\ncommencement day and before 1 July 2026\ns 60 ins A2026-3 s 13\nexp 9 March 2027 (s 61)\nExpiry—pt 7\ns 61 ins A2026-3 s 13\nexp 9 March 2027 (s 61)\nTransitional—Executive Documents Release Act 2001\ns 100 ins A2010-48 s 23\nexp 26 November 2011 (s 100 (5) (LA s 88 declaration\napplies))\nDictionary\ndict am A2007-3 amdt 3.485; A2008-36 amdt 1.632; A2009-49\namdt 3.189; A2011-22 amdt 1.424; A2012-26 amdt 1.51;\nA2013-41 amdt 1.43; A2016-52 amdt 1.168, amdt 1.169;\nA2019-17 s 36; A2026-3 s 14\ndef accessible executive record ins A2010-48 s 24\ndef approved records management program am A2010-48\ns 25\ndef Assembly ins A2010-48 s 26\nom A2025-29 amdt 3.336\n\nEndnotes\n","sortOrder":69},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\npage 64 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef Canberra Day ins A2010-48 s 26\ndef contrary to the public interest information ins A2016-55\namdt 4.45\ndef earliest release day ins A2010-48 s 26\ndef Executive ins A2010-48 s 26\ndef executive record ins A2026-3 s 15\ndef FOI Act sub A2016-55 amdt 4.46\ndef health record ins A2010-48 s 26\ndef Health Records Act ins A2010-48 s 26\ndef later release day ins A2010-48 s 26\ndef prescribed authority sub A2007-3 amdt 3.486\nom A2016-55 amdt 4.47\ndef principal officer sub A2026-3 s 16\ndef protected private information ins A2010-48 s 26\ndef public body ins A2010-48 s 26\ndef record sub A2010-48 s 27\ndef release period ins A2026-3 s 17\ndef release restraint determination ins A2010-48 s 28\ndef reviewable decision notice ins A2010-48 s 28\ndef submission day ins A2010-48 s 28\ndef territory record ins A2010-48 s 28\n\nEndnotes\nEarlier republications 5\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n2 July 2003\n2 July 2003–\n12 Apr 2004\nA2002-51 new Act and\namendments by\nA2002-51\nR2\n13 Apr 2004\n","sortOrder":70},{"sectionNumber":"13","sectionType":"section","heading":"Apr 2004–","content":"13 Apr 2004–\n31 Oct 2006\nA2004-9 amendments by\nA2004-9\nR3\n1 Nov 2006\n1 Nov 2006–\n11 Apr 2007\nA2006-3 amendments by\nA2005-41 as\namended by\nA2006-3\nR4\n12 Apr 2007\n","sortOrder":71},{"sectionNumber":"12","sectionType":"section","heading":"Apr 2007–","content":"12 Apr 2007–\n10 May 2007\nA2007-3 amendments by\nA2007-3\nR5\n11 May 2007\n","sortOrder":72},{"sectionNumber":"11","sectionType":"section","heading":"May 2007–","content":"11 May 2007–\n30 June 2008\nA2007-9 amendments by\nA2007-9\nR6\n1 July 2008\n1 July 2008–\n25 Aug 2008\nA2007-9 commenced\nprovisions\nR7\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\nR8\n2 Feb 2009\n","sortOrder":73},{"sectionNumber":"2","sectionType":"section","heading":"Feb 2009–","content":"2 Feb 2009–\n16 Dec 2009\nA2008-36 amendments by\nA2008-36\nR9\n17 Dec 2009\n","sortOrder":74},{"sectionNumber":"17","sectionType":"section","heading":"Dec 2009–","content":"17 Dec 2009–\n25 Nov 2010\nA2009-49 amendments by\nA2009-49\nR10\n26 Nov 2010\n26 Nov 2010–\n31 Dec 2010\nA2010-48 amendments by\nA2010-48\n\nEndnotes\n","sortOrder":75},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\npage 66 Territory Records Act 2002\nEffective: 09/03/26\nR25\n09/03/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR11\n1 Jan 2011\n1 Jan 2011–\n30 June 2011\nA2010-54 amendments by\nA2010-54 and\nexpiry of provision\n(s 58)\nR12\n1 July 2011\n1 July 2011–\n26 Nov 2011\nA2011-22 amendments by\nA2011-22\nR13\n27 Nov 2011\n","sortOrder":76},{"sectionNumber":"27","sectionType":"section","heading":"Nov 2011–","content":"27 Nov 2011–\n30 June 2012\nA2011-22 expiry of\ntransitional\nprovision (s 100)\nR14\n1 July 2012\n1 July 2012–\n30 June 2014\nA2012-26 amendments by\nA2012-26\nR15\n1 July 2014\n1 July 2014–\n28 June 2016\nA2013-41 amendments by\nA2013-41\nR16\n29 June 2016\n","sortOrder":77},{"sectionNumber":"29","sectionType":"section","heading":"June 2016–","content":"29 June 2016–\n31 Aug 2016\nA2016-37 amendments by\nA2016-37\nR17\n1 Sept 2016\n1 Sept 2016–\n31 Jan 2017\nA2016-52 amendments by\nA2016-52\nR18\n1 Feb 2017\n1 Feb 2017–\n31 Dec 2017\nA2016-52 amendments by\nA2015-1 as\namended by\nA2015-52\nR19\n1 Jan 2018\n","sortOrder":78},{"sectionNumber":"1","sectionType":"section","heading":"Jan 2018–","content":"1 Jan 2018–\n20 June 2019\nA2017-38 amendments by\nA2016-55 (as\namended by\nA2017-14) and\nA2017-38\nR20\n21 June 2019\n","sortOrder":79},{"sectionNumber":"21","sectionType":"section","heading":"June 2019–","content":"21 June 2019–\n22 June 2021\nA2019-17 amendments by\nA2019-17\nR21\n23 June 2021\n","sortOrder":80},{"sectionNumber":"23","sectionType":"section","heading":"June 2021–","content":"23 June 2021–\n23 Aug 2022\nA2021-12 amendments by\nA2021-12\nR22\n24 Aug 2022\n","sortOrder":81},{"sectionNumber":"24","sectionType":"section","heading":"Aug 2022–","content":"24 Aug 2022–\n8 Nov 2023\nA2022-14 amendments by\nA2022-14\n\nEndnotes\nExpired transitional or validating provisions 6\nR25\n09/03/26\nTerritory Records Act 2002\nEffective: 09/03/26\npage 67\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR23\n9 Nov 2023\n","sortOrder":82},{"sectionNumber":"9","sectionType":"section","heading":"Nov 2023–","content":"9 Nov 2023–\n25 Nov 2025\nA2023-42 amendments by\nA2023-42\nR24\n26 Nov 2025\n","sortOrder":83},{"sectionNumber":"26","sectionType":"section","heading":"Nov 2025–","content":"26 Nov 2025–\n8 Mar 2026\nA2025-29 amendments by\nA2025-29\n","sortOrder":84},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions","content":"6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions\n(see Legislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2026","sortOrder":85}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since 2002. An executive‑records access regime (Part 3A) was inserted (see s 31A–31B; inserted by A2010‑48 in the amendment history) and has been further amended by the Territory Records (Executive Records) Amendment Act 2026 (A2026‑3), which added or changed provisions on release timing, time extensions and Ombudsman review (see ss 31E–31F, 31FA–31FB, 31HA–31L, 31M and the legislation history in the endnotes). Other later amendments adjusted standards, disposal schedules and director powers (see ss 18–19, 33 and amendment notes)."},"complexity_factors":["Wide scope of covered bodies and record types (definition of 'agency' and 'record' – s 7, s 9; Dictionary)","Statutory duty on principal officers to ensure compliance (s 13) creating organisational accountability","Mandatory approved records management programs with detailed required arrangements and resource allocation (s 16–17)","Regulated disposal regime with director approval and power to suspend schedules (s 19, s 19A)","Protection and transfer controls including limits and specified exceptions (s 22–23, s 23A–23B)","Separate, detailed executive-records release regime with staged release days, release‑restraint determinations and definitions (Part 3A: s 31B–31G)","Time limits and multiple extension routes for release and review (s 31E, s 31FA–31FB, s 31L, s 31M)","Independent review architecture involving the Ombudsman and ACAT (s 31HA–31M) and specific procedural timelines","Director's broad functions, investigative and advisory powers and capacity to approve standards and agreements (s 33, s 18–19, s 23A)","Ministerial direction power over the Director (s 39) and criminal/secrecy penalties for certain disclosures (s 52)","Transitional and amendment history complexity (Part 7; extensive amendment history in endnotes) affecting interpretation and operative dates"],"plain_english_summary":"This Act sets rules for how ACT government agencies must create, manage, protect, preserve and dispose of public records, and when the public can access them. It makes principal officers responsible for compliance, creates a Director of Territory Records and an advisory council to set standards, and establishes a timed release regime (with special rules for executive records), exemptions and review paths. It matters because it allocates the costs and duties of recordkeeping to agencies, creates official discretion over release, and shapes public access timelines."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2002 scope. Originally focused on general records management and a 20-year public access rule for agency records, it was substantially expanded in 2010 by adding Part 3A (Executive records access), creating a separate 10-year release scheme for Cabinet/Executive documents. The 2026 amendments further expanded the oversight mechanisms by replacing internal review with Ombudsman review and adding ACAT appeal rights. The Act now functions as both a records management framework and a complex freedom-of-information style access regime for Executive documents, with detailed procedural rules, extension mechanisms, and multi-tiered review processes that resemble administrative law rather than simple archival legislation."},"complexity_factors":["Multiple overlapping access regimes: Part 3 (general agency records, 20-year rule) and Part 3A (Executive records, 10-year rule with complex extension mechanisms)","Extensive cross-referencing to the Freedom of Information Act 2016 (FOI Act) and Health Records (Privacy and Access) Act 1997","Nested conditional logic in Part 3A regarding release restraint determinations, later release days, and exceptions for protected private information (sections 31E-31G)","Multiple review pathways: internal review replaced by Ombudsman review (as amended 2026), with ACAT review as final tier (sections 31J-31M)","Defined terms scattered throughout the Act with specific Part 3A definitions (section 31B) separate from general definitions (Dictionary)","Transitional provisions (Part 7) creating parallel application of old and new law for requests made during specific windows","Specific exclusions for health records, legal aid records, and human rights commission records (section 6)","Inter-government records agreements that can modify the Act's operation (sections 23A-23B)"],"plain_english_summary":"This Act is the **Territory Records Act 2002** (ACT). It sets the rules for how the ACT Government creates, manages, keeps, and disposes of its records, and how the public can access them.\n\n**What it does:**\n- **Makes agencies keep proper records**: All ACT government agencies (including the Executive, courts, and public service bodies) must create and maintain full and accurate records of their activities.\n- **Requires records management programs**: Each agency must have an approved program setting out how it will manage its records, including how long to keep them and when they can be destroyed (with approval).\n- **Protects records**: Agencies cannot damage, abandon, or improperly dispose of records. There are special protections for records relating to Aboriginal and Torres Strait Islander heritage.\n- **Provides public access**: Most agency records become open to the public after 20 years (the \"20 year rule\"). People can request access to these records.\n- **Special rules for Executive records**: Cabinet and Executive Council records have their own access scheme. They become available after 10 years (with possible extensions up to 20 years), but can be withheld longer if they contain sensitive information like personal details or safety risks.\n- **Creates oversight roles**: Establishes the **Director of Territory Records** to set standards and monitor compliance, and a **Territory Records Advisory Council** to advise on records management, especially regarding Indigenous heritage.\n\n**Who it affects:**\n- ACT Government agencies and their senior officers (who are legally responsible for compliance)\n- The Director of Territory Records and the Advisory Council\n- Members of the public seeking access to historical government records\n- Ministers and the Executive (subject to special record-keeping and access rules)\n\n**Why it matters:**\nThe Act ensures government transparency and accountability by preserving the documentary history of government decisions. It balances public access against legitimate needs for confidentiality (such as personal privacy, law enforcement, and national security). It also ensures important records, particularly those relating to Indigenous heritage, are preserved for future generations."},"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/territory-records-act-2002","history":"/api/acts/territory-records-act-2002/history","analysis":"/api/acts/territory-records-act-2002/analysis","conflicts":"/api/acts/territory-records-act-2002/conflicts","importantCases":"/api/acts/territory-records-act-2002/important-cases","documents":"/api/acts/territory-records-act-2002/documents"}}