Public Records Act 2023

🗑️ Getting rid of records ("disposal")

• Records cannot be destroyed without formal approval (called a "disposal authorisation") from the State Archivist.
• Unauthorised disposal is an offence — up to 165 penalty units (roughly $25,000+).
• The Archivist can issue a "protection notice" to freeze disposal of records if an investigation (like a royal commission) is underway.

🔒 Accessing records — the access rules

• Records held by the Queensland State Archives are either "open" (publicly accessible) or "restricted" (access limited for a set time).
• Most restricted records become open after a set number of years (the "restricted access period"), determined by the type of record and the sensitivity of the information (detailed in schedules to the Act).
• During the restricted period, you can still apply for access — the responsible government body decides whether to approve it.
• Records can be accessed in various forms: inspection, copies, transcripts of audio, or written summaries.

🏛️ Queensland State Archives

• The Queensland State Archives and the State Archivist continue to operate.
• The Archivist is largely independent — the Minister cannot direct the Archivist on disposal decisions, protecting the Archives from political interference.
• The Archivist can make binding standards (approved by regulation), policies, and guidelines that government bodies must follow when managing records.

🧑‍⚖️ Oversight and review

• A Public Records Review Committee is established to resolve disputes (e.g., between the Archivist and a government body about access or disposal), and to review the Archivist's decisions.
• A dedicated First Nations Advisory Group (made up solely of Aboriginal and Torres Strait Islander people) advises on records relating to First Nations peoples.

🚨 Offences and enforcement

• Damaging old or permanently valuable records without authority: up to 100 penalty units (~$15,000+).
• Unlawfully disposing of records: up to 165 penalty units (~$25,000+).
• Authorised officers can investigate and enforce compliance.

🔗 Relationship with other laws

• This Act can be overridden by other Acts (e.g., laws that restrict access to certain records, or laws that exclude certain bodies from its coverage).
• The Right to Information Act 2009 remains a separate pathway to access government documents, including Ministerial records.

Why does this matter to you?

If you're a researcher, journalist, or curious citizen, this law determines when you can dig into historical government files — and gives you a right to apply for early access to restricted records.

If you're a government employee, this law imposes real obligations on how you create, store, and manage work documents — and your organisation's chief executive is personally responsible for compliance.

If you're interested in First Nations history, the law specifically requires Indigenous representation in governance of the Archives and recognises culturally sensitive records.

If you're a politician, your official correspondence and decisions become public records — and there are tight rules about what happens to your files when you leave office.