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This is a Bill, not an Act. For current law, see the Acts databases.
INFORMATION AMENDMENT BILL 2009
Serial
33
Information Amendment Bill
2009
Ms
Anderson
A Bill for an Act to amend the
Information Act
NORTHERN TERRITORY OF
AUSTRALIA
INFORMATION AMENDMENT ACT
2009
____________________
Act No. [ ] of
2009
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2009
____________________
An Act to amend the Information
Act
[Assented to [ ]
2009]
[Second reading [ ]
2009]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Information
Amendment Act 2009.
This Act amends the Information
Act.
Amendment of section 4
(Definitions)
(1) Section 4
omit
Act, unless the contrary intention appears
–
substitute
Act:
(2) Section 4, definitions archives service
and standard
omit
(3) Section 4
insert (in alphabetical
order)
applicable standard, for a public
sector organisation, means a standard approved by the Minister under section
138.
appraise, for a record, means to
determine whether the record:
(a) must be:
(i) retained as a permanent record or archive;
or
(ii) retained for a specified period;
or
(b) may be destroyed.
archives functions, see section
131B.
archives service means the
organisation (whether a public sector organisation or another organisation)
established to perform the archives functions for the
Territory.
archives standard means a standard
mentioned in section 137B.
disposal, of a record, includes the
following:
(a) destroying or damaging the
record;
(b) abandoning, donating, selling or transferring
the possession or control of the record.
permanent record means a record of
permanent value to the Territory.
records functions, see section
131A.
records service means the organisation
(whether a public sector organisation or another organisation) established to
perform the records functions for the Territory.
records standard means a standard
mentioned in section 137A.
standard, for Parts 9 and 10, means an
archives standard or records standard.
Repeal and substitution of section
132
Section 132
repeal, substitute
The records functions
are:
(a) to prepare, promote and monitor compliance with
records standards; and
(b) to facilitate and promote policy and systems to
enable cost effective compliance with records standards; and
(c) to provide advice (including training) to enable
compliance with records standards; and
(d) to facilitate the preparation of records
retention and disposal schedules.
The archives functions
are:
(a) to appraise records; and
(b) to collect, transfer and preserve archives and
permanent records; and
(c) to provide access to Territory Archives;
and
(d) to maintain a register of records retention and
disposal schedules; and
(e) to prepare, promote and monitor compliance with
archives standards; and
(f) to provide advice (including training) to enable
compliance with archives standards.
132 Performance of
functions consistent with objects of Act
The archives service and records service must
perform their functions in a way that is consistent with the objects of this
Act.
Amendment of section 134 (Managing
records)
Section 134(c)
omit
archives service
substitute
records service and archives
service
Repeal and substitution of Part 9, Division
3
Part 9, Division 3
repeal, substitute
Division
2A Records retention and disposal schedules
136A Preparation of
records retention and disposal schedule
(1) The records service must facilitate the
preparation of records retention and disposal schedules.
(2) A records retention and disposal schedule must
be consistent with relevant records standards and archives
standards.
(3) A records retention and disposal schedule must
specify classes of records and determine the following:
(a) whether a class of record has temporary or
permanent status;
(b) the retention period for a temporary class of
record;
(c) authorised disposal actions for a class of
record.
136B Approval of
records retention and disposal schedule
A records retention and disposal schedule must be
approved by the records service, archives service and chief executive officer of
the public sector organisation responsible for the schedule.
In this Division:
other service means:
(a) for the records service – the archives
service; and
(b) for the archives service – the records
service.
responsible service, for a standard,
means the service responsible for preparing the standard under section 137A or
137B.
(1) The records service must prepare standards for
managing records (other than archives and permanent records) for approval by the
Minister.
(2) The matters that must be dealt with in the
standards include, but are not limited to, the creation, maintenance and
security of records.
(1) The archives service must prepare standards for
managing archives and permanent records (whether those records are in the
custody of the archives service or not) for approval by the
Minister.
(2) The matters that must be dealt with in the
standards include, but are not limited to, the following:
(a) the transfer of permanent records from a public
sector organisation to the archives service;
(b) access to Territory Archives;
(c) preservation formats for digital records
(including archives).
137C Preparation of
standards
When preparing a standard, the responsible
service:
(a) must seek comments or submissions from the
public sector organisation to which the standard is intended to apply;
and
(b) must consult with the
Commissioner to ensure that, if the standard is approved by the Minister,
compliance with the standard will be consistent with the objects of this Act;
and
(c) must seek comments or submissions from the other
service; and
(d) may seek comments or submissions from any other
person.
138 Minister may
approve standards
(1) The responsible service for a standard must
submit the standard to the Minister for approval.
(2) The
Minister may, by Gazette notice, approve
the standard if the Minister is satisfied:
(a) the responsible service has complied with
section 137C in the preparation of the standard; and
(b) the standard is consistent with the objects of
this Act.
(3) The Gazette notice must
include:
(a) the standard name and a short description of its
contents; and
(b) a statement about how to obtain a copy of the
standard.
(4) The standard takes effect on:
(a) the date the notice is published in the
Gazette; or
(b) if the notice specifies a later date –
that date.
(1) The responsible service for a standard must
review the standard at least once every 3 years and, as a result of that review,
may submit a revised or replacement standard to the Minister for
approval.
(2) Sections 137 to 138 apply to the preparation
and approval of a revised or replacement standard.
140 Advice to public
sector organisations
The responsible service for a standard must provide
a public sector organisation with the advice (including training) the service
considers appropriate to enable the organisation to comply with the
standard.
Amendment of section 145 (Mishandling
records)
(1) Section 145(2)(b)
omit
relevant standard;
substitute
standard applicable to a public sector organisation;
or
(2) Section 145(1)(a) to (c), (2)(a), (2)(c) to (e)
and (3)(a), at the end
insert
or
Amendment of section 147 (Concealing or
disposing of government information to prevent access or
correction)
(1) Section 147(3)(c)
omit
relevant standard;
substitute
standard applicable to a public sector organisation;
or
(2) Section 147(3)(a), (b) and (d), at the
end
insert
or
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