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Queensland
PUBLIC RECORDS BILL 1999
Queensland
PUBLIC RECORDS BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--PUBLIC RECORDS
Division 1--Preliminary
6 What is a public record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2--Making, managing, keeping and preserving public
records
7 Making and keeping of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Custody and preservation of public records . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Ownership of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Public records more than 25 years old . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Transfer of other public records to archives . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Special protection of public records over 30 years old . . . . . . . . . . . . . . . . . 10
13 Disposal of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Public authority must ensure particular records remain accessible . . . . . . . 10
Division 3--Access to public records
15 Meaning of responsible public authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Meaning of restricted access period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Application for access to public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Public access to public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Public Records
19 Forms of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--STATE ARCHIVIST AND QUEENSLAND STATE
ARCHIVES
Division 1--General
20 State archivist and Queensland State Archives . . . . . . . . . . . . . . . . . . . . . . 14
21 Appointment of archivist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Terms and conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Superannuation for archivist who was previously an officer of the
public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
27 Acting archivist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Archives staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Control of archives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Functions and powers
30 Functions of archivist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
31 Powers of archivist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
32 Archivist may authorise disposal of public records . . . . . . . . . . . . . . . . . . . . 18
33 Independence in relation to disposal decisions . . . . . . . . . . . . . . . . . . . . . . . 19
34 Arrangements for storage of records outside archives . . . . . . . . . . . . . . . . . . 19
Division 3--State Archives Board
35 State Archives Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
36 Application for review of archivist's decision about disposal . . . . . . . . . . . 20
37 Archivist to provide reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Decision by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Miscellaneous
39 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 4--POWERS OF ENFORCEMENT
Division 1--Authorised officers
40 Appointment of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
41 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
42 Production or display of authorised officer's identity card . . . . . . . . . . . . . . 22
3
Public Records
Division 2--General powers
43 Power of entry and inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
44 Public authority to comply with request . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 Obstruction of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Specific powers
46 Recovery of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
47 Reciprocal agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 5--MISCELLANEOUS
48 Secrecy provisions in other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
49 Application of Act to certain of Governor's records . . . . . . . . . . . . . . . . . . . 26
50 Protection against actions for defamation or breach of confidence . . . . . . . 26
51 Protection from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
52 Evidence in legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
53 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
54 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
55 Libraries and Archives Act 1988 references . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 6--TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS
56 State archivist to continue in position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
57 Notice for recovery of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
58 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 29
AMENDMENTS
AGRICULTURAL AND VETERINARY CHEMICALS
(QUEENSLAND) ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
BUSINESS NAMES ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CITY OF BRISBANE MARKET ACT 1960 . . . . . . . . . . . . . . . . . . . . . . . . 30
COOPERATIVES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
CRIME COMMISSION ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . . 30
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . . 31
ELECTRICITY ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4
Public Records
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
FIRE AND RESCUE AUTHORITY ACT 1990 . . . . . . . . . . . . . . . . . . . . . . 32
FISHERIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 32
GLADSTONE POWER STATION AGREEMENT ACT 1993 . . . . . . . . . . 33
GRAIN INDUSTRY (RESTRUCTURING) ACT 1991 . . . . . . . . . . . . . . . . 33
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
LIBRARIES AND ARCHIVES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . 34
MEAT INDUSTRY ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
POLICE POWERS AND RESPONSIBILITIES ACT 1997 . . . . . . . . . . . . . 36
QUEENSLAND COMPETITION AUTHORITY ACT 1997 . . . . . . . . . . . . . 36
SCHOOL OF ARTS (WINDING UP AND TRANSFER) ACT 1960 . . . . . 36
SUGAR INDUSTRY ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 38
DICTIONARY
1999
A BILL
FOR
An Act about making, managing, keeping and preserving public
records in Queensland, and for other purposes
s1 6 s5
Public Records
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Public Records Act 1999. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
urposes 7
P
3. The main purposes of this Act are to ensure-- 8
(a) the public records of Queensland are made, managed, kept and, if 9
appropriate, preserved in a useable form for the benefit of present 10
and future generations; and 11
(b) public access to records under this Act is consistent with the 12
principles of the Freedom of Information Act 1992. 13
14
Definitions
4. The dictionary in schedule 2 defines particular words used in this Act. 15
binds the State 16
Act
5. This Act binds the State. 17
s6 7 s7
Public Records
PART 2--PUBLIC RECORDS 1
Division 1--Preliminary 2
is a public record 3
What
6.(1) A "public record" is-- 4
(a) a record made for use by, or a purpose of, a public authority, 5
other than a Minister; or 6
(b) a record received or kept by a public authority, other than a 7
Minister, in the exercise of its statutory, administrative or other 8
public responsibilities or for a related purpose; or 9
(c) a Ministerial record. 10
(2) A public record includes-- 11
(a) a copy of a public record; and 12
(b) a part of a public record, or a copy of a part of a public record. 13
Division 2--Making, managing, keeping and preserving public records 14
and keeping of public records 15
Making
7.(1) A public authority must-- 16
(a) make and keep full and accurate records of its activities; and 17
(b) take all reasonable steps to comply with any relevant policy and 18
standards set, or guidelines issued, by the archivist about the 19
making and keeping of public records. 20
(2) The executive officer of a public authority must ensure the public 21
authority complies with subsection (1). 22
(3) In this section-- 23
"executive officer", of a public authority, means-- 24
(a) if the public authority is a department--the chief executive of the 25
department; or 26
s8 8 s9
Public Records
(b) if the public authority is a local government--the chief executive 1
of the local government; or 2
(c) if the public authority is not an authority mentioned in paragraphs 3
(a) and (b)--a person (whatever the person's position is called) 4
who is-- 5
(i) a member of the governing body of the public authority; or 6
(ii) concerned with, or takes part in, the public authority's 7
management. 8
and preservation of public records 9
Custody
8.(1) A public authority is responsible for ensuring the safe custody and 10
preservation of records in its possession. 11
(2) Without limiting subsection (1), an arrangement between a public 12
authority and another person for the person to have custody of a record of 13
the public authority must include arrangements for the safe keeping, proper 14
preservation and return of the record. 15
(3) If a public authority ceases to exist, the records of the public authority 16
must be-- 17
(a) if the functions of the public authority are to be carried out by 18
another public authority--given to the other public authority; or 19
(b) if the functions of the public authority are not to be carried out by 20
another public authority--given to the public authority that is the 21
relevant public authority under a regulation; or 22
(c) in any other case--given to the archives or disposed of in 23
accordance with a decision of the archivist or the board. 24
(4) If a function or power of a public authority (the "original public 25
authority") is transferred to another public authority, the records of the 26
original public authority relating to the function or power must be given to 27
the other public authority. 28
of public records 29
Ownership
9.(1) If a public record is a record of the State or a State instrumentality, 30
ownership of the record vests in the State. 31
s 10 9 s 11
Public Records
(2) Ownership of public records of another public authority vests in-- 1
(a) if the records are in the authority's possession--the authority; or 2
(b) in any other case--the State. 3
(3) In this section-- 4
"State instrumentality" means a public authority other than a local 5
government. 6
records more than 25 years old 7
Public
10.(1) If a public record in a public authority's possession is more than 8
25 years old, the authority must give written notice of the record's existence 9
to the archivist, unless excused under a regulation. 10
(2) The archivist may take possession of the record or give directions 11
about the storage of the record. 12
(3) A public record in the custody of the archives that is more than 25 13
years old may be removed from the archives only if the archivist is 14
satisfied-- 15
(a) the record is reasonably needed by the public authority; or 16
(b) there is another adequate reason for allowing it to be removed. 17
(4) This section does not prevent the disposal of a public record by, or 18
under an authority given by, the archivist. 19
of other public records to archives 20
Transfer
11.(1) This section applies to public records that are 25 years old or less. 21
(2) If a public authority no longer needs a public record to be readily 22
available in its own custody, it may give the record to the archives. 23
(3) The archivist must ensure all public records given to the archives by a 24
public authority are made available as reasonably needed by the public 25
authority. 26
s 12 10 s 14
Public Records
protection of public records over 30 years old 1
Special
12.(1) A person must not damage a public record more than 30 years 2
old. 3
Maximum penalty--100 penalty units. 4
(2) This section applies to a public record whether or not it is in the 5
custody of the archives. 6
(3) In subsection (1)-- 7
"damage", a public record, means-- 8
(a) change the record in a way that causes, or is likely to cause, 9
damage to the record; or 10
(b) neglect the record in a way that causes, or is likely to cause, 11
damage to the record; or 12
(c) otherwise damage the record. 13
of public records 14
Disposal
13. A person must not dispose of a public record unless the record is 15
disposed of under-- 16
(a) an authority given by the archivist or the board; or 17
(b) other legal authority, justification or excuse. 18
Maximum penalty--165 penalty units. 19
authority must ensure particular records remain accessible 20
Public
14.(1) This section applies if a public record is an article or material from 21
which information can be produced or made available only with the use of 22
particular equipment or information technology. 23
(2) The public authority controlling the record must take all reasonable 24
action to ensure the information remains able to be produced or made 25
available. 26
s 15 11 s 16
Public Records
Division 3--Access to public records 1
of responsible public authority 2
Meaning
15. The "responsible public authority", for a public record, is-- 3
(a) the public authority that gave the public record to the archives; or 4
(b) if the public authority that gave the record to the archives no 5
longer exists, but there is another public authority carrying out the 6
functions of the former authority--the other authority; or 7
(c) if the record relates to a function or power of a public authority 8
that has been transferred to another public authority--the other 9
authority; or 10
(d) in any other case--the public authority prescribed under a 11
regulation for this definition. 12
of restricted access period 13
Meaning
16.(1) The "restricted access period", for a public record, is-- 14
(a) for a record classified by a public authority as containing 15
potentially exempt matter mentioned in section 441 of the FOI 16
Act--the period from the day the record is made to the last day of 17
the year 100 years after the day of the last action on the record; or 18
(b) for a record classified by a public authority as containing 19
potentially exempt matter mentioned in section 42, 43 or 462 of 20
the FOI Act--the period from the day the record is made to the 21
last day of the year 65 years after the day of the last action on the 22
record; or 23
(c) for any other record--the period from the day the record is made 24
to the last day of the year 30 years after the day of the last action 25
on the record. 26
1 Freedom of Information Act 1992, section 44 (Matter affecting personal affairs)
2 Freedom of Information Act 1992, section 42 (Matter relating to law enforcement
of public safety), 43 (Matter affecting legal proceedings) or 46 (Matter
communicated in confidence)
s 17 12 s 18
Public Records
(2) Subsections (1)(a) and (b) apply as if the public authority in all cases 1
were an agency under the FOI Act. 2
for access to public records 3
Application
17.(1) A person may apply to the archivist for access to a public record in 4
the custody of the archives. 5
(2) The application must be accompanied by the fee prescribed under a 6
regulation. 7
(3) For subsection (1), a public record is taken to be in the custody of the 8
archives if the record is the subject of a direction by the archivist under 9
section 10(2).3 10
access to public records 11
Public
18.(1) If the restricted access period for a public record has ended, the 12
archivist must allow the applicant access to the record. 13
(2) However, if the restricted access period has not ended, the applicant 14
may have access to the public record only if-- 15
(a) access is obtained under the FOI Act; or 16
(b) the responsible public authority classifies the record as a record to 17
which unrestricted access is allowed. 18
(3) Also, the archivist may refuse to allow access to a public record-- 19
(a) if giving access to the record would be detrimental to its 20
preservation; or 21
(b) if the record is reasonably available for purchase by members of 22
the community under arrangements made by a public authority; 23
or 24
(c) if information in the record can be produced or made available 25
only with the use of particular equipment or information 26
technology and the archives does not possess, and can not 27
reasonably obtain access to, the equipment or information 28
3 Section 10 (Public records more than 25 years old)
s 19 13 s 19
Public Records
technology; or 1
(d) giving access to the record is restricted under a regulation under 2
subsection (4). 3
(4) Access to a public record may be restricted under a regulation if-- 4
(a) the record is more than 100 years old; and 5
(b) the record contains information concerning the personal affairs of 6
a person; and 7
(c) access to the record would not, on balance, be in the public 8
interest. 9
(5) The restriction may be given on conditions stated in the regulation. 10
of access 11
Forms
19.(1) Access to a public record may be given to the applicant-- 12
(a) by allowing the applicant a reasonable opportunity to inspect the 13
record; or 14
(b) by giving the applicant a copy of the record; or 15
(c) if the record is one to which subsection (2), (3) or (4) applies--by 16
the form of access stated in the subsection. 17
(2) Access may be given by making arrangements for the applicant to 18
hear the sounds or view the images if the record is an article or material 19
from which sounds or visual images are capable of being reproduced. 20
(3) Access may be given by giving the applicant a written transcript of 21
the words recorded or contained in the record if the record is one-- 22
(a) by which words are recorded in a way in which they are capable 23
of being reproduced in the form of sound; or 24
(b) in which words are contained in the form of shorthand writing or 25
in a codified form. 26
(4) Access may be given by giving the applicant a written document 27
containing the information if-- 28
(a) the record is not a written record; and 29
(b) the archivist or the responsible public authority could create a 30
s 20 14 s 20
Public Records
written document containing the information in the record using 1
equipment that is usually available to it for retrieving or collating 2
electronically stored information. 3
(5) If the applicant asks for access in a particular way, access must be 4
given in that way. 5
(6) However, access may be given in another way decided by the 6
archivist if giving access to the record in the way requested by the 7
applicant-- 8
(a) would interfere unreasonably with the operations of the archives 9
or the responsible public authority; or 10
(b) would be detrimental to the preservation of the record; or 11
(c) would be inappropriate, having regard to the physical nature of the 12
record; or 13
(d) would involve an infringement of copyright of a person other than 14
the State. 15
(7) The archivist may-- 16
(a) impose reasonable conditions on access to a public record; and 17
(b) if access is given by way of a copy or transcript of a public 18
record--impose a reasonable charge for the copy or transcript. 19
(8) This section does not prevent the archivist giving access to a public 20
record in another form agreed to by the applicant. 21
PART 3--STATE ARCHIVIST AND QUEENSLAND 22
STATE ARCHIVES 23
Division 1--General 24
archivist and Queensland State Archives 25
State
20.(1) There is to be a State Archivist. 26
s 21 15 s 24
Public Records
(2) An office called the Queensland State Archives is established. 1
(3) The archives consists of the archivist and the staff of the archives. 2
of archivist 3
Appointment
21.(1) The archivist is to be appointed by the Governor in Council. 4
(2) The archivist is appointed for the term specified in the instrument of 5
appointment and is eligible for reappointment. 6
(3) The specified term must not be longer than 5 years. 7
(4) The Public Service Act 1996 does not apply to the appointment of the 8
archivist. 9
and conditions of appointment 10
Terms
22.(1) The archivist is appointed on terms decided by the Governor in 11
Council. 12
(2) The archivist is entitled to be paid the remuneration and allowances 13
decided by the Governor in Council. 14
15
Resignation
23. The archivist may resign by signed notice given to the Minister. 16
of appointment 17
Termination
24. The Governor in Council may terminate the appointment of the 18
archivist if the archivist-- 19
(a) is convicted of an indictable offence; or 20
(b) is guilty of misconduct that could warrant dismissal from the 21
public service if the archivist were a public service officer; or 22
(c) becomes incapable of satisfactorily performing the archivist's 23
functions. 24
s 25 16 s 27
Public Records
of rights 1
Preservation
25.(1) This section applies if a public service officer is appointed as the 2
archivist. 3
(2) The person retains and is entitled to all rights that have accrued to the 4
person because of employment as a public service officer, or that would 5
accrue in the future to the person because of that employment, as if service 6
as archivist were a continuation of service as a public service officer. 7
(3) At the end of the person's term of appointment or on resignation-- 8
(a) the person is entitled to be appointed to a position in the public 9
service at a salary level not less than the current salary level of an 10
office equivalent to the position the person held before being 11
appointed as archivist; and 12
(b) the person's service as archivist is to be regarded as service of a 13
like nature in the public service for the purpose of deciding the 14
person's rights as a public service officer. 15
for archivist who was previously an officer of the 16
Superannuation
public service 17
26.(1) This section applies if a public service officer is appointed as the 18
archivist and immediately before the appointment the public service officer 19
was a member of the superannuation scheme. 20
(2) The person-- 21
(a) continues to be a member of the superannuation scheme; and 22
(b) for paragraph (a), is taken to be eligible for membership of the 23
superannuation scheme under the Superannuation (State Public 24
Sector) Act 1990. 25
(3) In this section-- 26
"superannuation scheme" means the State Public Sector Superannuation 27
Scheme. 28
archivist 29
Acting
27. The Governor in Council may appoint a person to act as archivist-- 30
s 28 17 s 30
Public Records
(a) during a vacancy in that office; or 1
(b) during any period, or during all periods, when the archivist is 2
absent from duty or cannot, for another reason, perform the 3
functions of that office. 4
staff 5
Archives
28. The staff of the archives are to be employed under the Public Service 6
Act 1996. 7
of archives 8
Control
29. Subject to the Minister and the chief executive, the archivist is to 9
control the archives. 10
2--Functions and powers 11
Division
of archivist 12
Functions
30. The archivist has the following functions-- 13
(a) to develop and promote efficient and effective methods, 14
procedures and systems for making, managing, keeping, storing, 15
disposing of, preserving and using public records; 16
(b) to identify public records of enduring value and require that they 17
be retained in a useable form, whether or not the records are in the 18
custody of the archives; 19
(c) to make decisions about the disposal of public records; 20
(d) to manage, keep and preserve records for public authorities and 21
other entities; 22
(e) to provide public access to public records; 23
(f) to conduct research and give advice about the making, managing, 24
keeping and preserving of public records; 25
(g) to perform another function given to the archivist under this or 26
another Act; 27
s 31 18 s 32
Public Records
(h) to do anything else-- 1
(i) incidental, complementary or helpful to the archivist's other 2
functions; or 3
(ii) likely to enhance the effective and efficient performance of 4
the archivist's other functions. 5
of archivist 6
Powers
31.(1) The powers of the archivist include the following-- 7
(a) to establish and manage repositories and other facilities to store, 8
preserve, exhibit and make available for use public records and 9
other materials; 10
(b) to copy public records and other materials; 11
(c) to publish public records and other materials; 12
(d) to acquire records by purchase, gift, bequest or loan; 13
(e) to authorise the disposal of particular public records or classes of 14
public records; 15
(f) to set policy and standards, and issue guidelines, about the 16
making, keeping, preserving, managing and disposing of public 17
records. 18
(2) This section does not limit the archivist's powers as a part of the 19
executive government of the State.4 20
may authorise disposal of public records 21
Archivist
32.(1) The archivist may authorise the disposal of particular public 22
records or classes of public records if the public authority that has control of 23
the records has applied for, or consented to, the disposal of the records. 24
(2) In authorising the disposal of the records, the archivist must have 25
regard to-- 26
4 See Acts Interpretation Act 1954, part 12 (The Executive Government of the
State).
s 33 19 s 35
Public Records
(a) any relevant professional standards; and 1
(b) the purposes of this Act. 2
in relation to disposal decisions 3
Independence
33.(1) The archivist, and the staff of the archives, are not subject to the 4
control or direction of a Minister or a department in relation to making 5
decisions about the disposal of public records. 6
(2) Subsection (1) has effect despite section 29.5 7
for storage of records outside archives 8
Arrangements
34. The archivist may make arrangements with public authorities and 9
other entities about the storage of public records in a place other than the 10
archives. 11
12
Examples of arrangements archivist may make--
13
1. The archivist may make an arrangement with a public authority that the
14
authority will store its electronic records at its premises rather than the archives.
15
2. The archivist may make an arrangement with a public authority that creates its
16
own permanent archives that the authority may store its public records in its archives
17
rather than the archives.
Division 3--State Archives Board 18
Archives Board 19
State
35.(1) The Minister must establish a State Archives Board. 20
(2) The board has the following functions-- 21
(a) to advise the archivist and the Minister about issues affecting the 22
administration or enforcement of this Act; and 23
(b) to hear appeals by public authorities from decisions made by the 24
archivist not to authorise the disposal of particular public records 25
or classes of public records. 26
5 See section 29 (Control of archives).
s 36 20 s 37
Public Records
(3) The board is to consist of the following members-- 1
(a) 1 person nominated by the Minister who administers the Local 2
Government Act 1993; 3
(b) 1 person nominated by the Chief Justice; 4
(c) 1 person nominated by the Speaker of the Legislative Assembly; 5
(d) 1 person nominated by the Minister for the department in which 6
the Public Service Act 1996 is administered; 7
(e) 1 person who has knowledge of, and experience in, the 8
management of information and records nominated by the 9
Minister; 10
(f) 4 persons who have knowledge of, and experience in, any area 11
considered by the Minister to be relevant to the functions of the 12
committee. 13
(4) A member of the board may be paid the remuneration and allowances 14
decided by the Governor in Council. 15
for review of archivist's decision about disposal 16
Application
36.(1) A public authority may make written application to the board for a 17
review of a decision made by the archivist refusing to authorise the disposal 18
of particular public records or classes of public records. 19
(2) The application for review must be made to the board within 14 days 20
after the public authority is notified of the archivist's decision or, if the 21
board allows a further period in which to make the application, the further 22
period. 23
(3) On receiving the application, the board must give written notice of it 24
to the archivist. 25
to provide reasons 26
Archivist
37. Within the period stated in the board's notice, the archivist must give 27
the board written reasons for refusing to authorise the disposal of the 28
particular public records or classes of public records. 29
s 38 21 s 39
Public Records
by board 1
Decision
38.(1) After reviewing the archivist's decision, the board may-- 2
(a) confirm or amend the decision; or 3
(b) revoke the decision and substitute a new decision. 4
(2) The board's decision is taken to be a decision of the archivist. 5
(3) However, a decision mentioned in subsection (2) can not be reviewed 6
under section 36.6 7
4--Miscellaneous 8
Division
9
Delegation
39.(1) The archivist may delegate the archivist's powers under this Act 10
to-- 11
(a) an appropriately qualified member of the archives' staff; or 12
(b) an appropriately qualified officer or employee of a public 13
authority. 14
(2) In subsection (1)-- 15
"appropriately qualified", for a member of the archives' staff or an 16
officer or employee of a public authority, includes having the 17
qualifications, experience or standing appropriate to exercise the power. 18
19
Example of `standing'--
20
The staff member's classification level in the archives or public authority.
6 Section 36 (Application for review of archivist's decision about disposal)
s 40 22 s 42
Public Records
PART 4--POWERS OF ENFORCEMENT 1
1--Authorised officers 2
Division
of authorised officer 3
Appointment
40. The archivist may appoint a member of the staff of the archives as an 4
authorised officer. 5
card 6
Identity
41.(1) The archivist must give each authorised officer an identity card and 7
may issue an identity card to himself or herself. 8
(2) The identity card must-- 9
(a) contain a recent photograph of the authorised officer; and 10
(b) be signed by the officer; and 11
(c) identify the person as an authorised officer for this Act; and 12
(d) include an expiry date. 13
(3) A person who ceases to be an authorised officer must return the 14
person's identity card to the archivist as soon as practicable (but within 21 15
days) after the person ceases to be an authorised officer, unless the person 16
has a reasonable excuse. 17
Maximum penalty for subsection (3)--10 penalty units. 18
or display of authorised officer's identity card 19
Production
42.(1) An authorised officer may exercise a power in relation to someone 20
else only if-- 21
(a) the authorised officer first produces his or her identity card for the 22
person's inspection; or 23
(b) the authorised officer has the officer's identity card displayed so it 24
is clearly visible to the other person. 25
(2) However, if for any reason it is not practicable to comply with 26
s 43 23 s 44
Public Records
subsection (1) before exercising the power, the authorised officer must 1
produce the identity card for inspection by the person as soon as it is 2
practicable. 3
Division 2--General powers 4
of entry and inspection 5
Power
43.(1) For the administration and enforcement of this Act, an authorised 6
officer is entitled to full and free access, at all reasonable times, to all public 7
records in a public authority's possession. 8
(2) Without limiting subsection (1), an authorised officer may-- 9
(a) enter a public authority's premises; and 10
(b) examine the public authority's procedures for the making, 11
management, keeping and preservation of its public records; and 12
(c) examine the public authority's records. 13
authority to comply with request 14
Public
44.(1) An officer or employee of a public authority who is responsible 15
for the management of the authority's records must, if asked by an 16
authorised officer-- 17
(a) produce the authority's records, or a particular type or sample of 18
records, for the officer's inspection; and 19
(b) give the officer access to the authority's records, or a particular 20
type or sample of records in the reasonable way requested by the 21
officer; and 22
(c) allow the officer to examine the authority's systems for making, 23
keeping and preserving records. 24
(2) However, an authorised officer may exercise powers under this part 25
in relation to the Governor's official residence, the Legislative Assembly or 26
a court, only by agreement with the Governor's secretary, the clerk of the 27
Legislative Assembly or the registrar or proper officer of the court. 28
s 45 24 s 47
Public Records
(3) A person mentioned in subsection (2) must not unreasonably 1
withhold agreement. 2
of authorised officer 3
Obstruction
45. A person must not obstruct an authorised officer in the exercise of a 4
power under this part, unless the person has a reasonable excuse. 5
Maximum penalty--10 penalty units. 6
Division 3--Specific powers 7
of public records 8
Recovery
46.(1) This section applies if the archivist believes, on reasonable 9
grounds, that a person is in unlawful possession of public records, including 10
records to which an agreement under section 47 applies. 11
(2) The archivist may, by written notice given to the person, require the 12
person to give the records to the archivist or someone else stated in the 13
notice within the reasonable time stated in the notice. 14
(3) The person must comply with the notice, unless the person has a 15
reasonable excuse. 16
Maximum penalty--40 penalty units. 17
(4) Also, if the person does not comply with the notice, the archivist may 18
apply to a Magistrates Court for an order directing the person to comply 19
with the notice. 20
(5) If the Magistrates Court is satisfied the person is in unlawful 21
possession of public records, the court may order the person to give the 22
records to the archivist. 23
(6) The person must comply with the court's order. 24
Maximum penalty for subsection (6)--100 penalty units. 25
agreements 26
Reciprocal
47.(1) The archivist may enter into an agreement with an entity (the 27
s 48 25 s 48
Public Records
"reciprocating entity") with corresponding functions under a law of 1
another State or the Commonwealth (the "reciprocating jurisdiction"). 2
(2) The agreement may provide for-- 3
(a) the archivist to take action in Queensland to recover public records 4
of the reciprocating jurisdiction and give them to the reciprocating 5
entity; and 6
(b) the reciprocating entity to take action in the reciprocating 7
jurisdiction to recover public records of Queensland and give 8
them to the archives. 9
PART 5--MISCELLANEOUS 10
provisions in other laws 11
Secrecy
48.(1) If another Act prohibits the disclosure of a matter contained in a 12
public record or restricts access to a public record, the archivist and the staff 13
of the archives must not disclose a matter in the public record or otherwise 14
give access to the record, other than to the extent necessary to perform their 15
official duties. 16
(2) However, subsection (1) does not apply to a public record, or a matter 17
contained in a public record, if-- 18
(a) the record is more than 100 years old; and 19
(b) access to the record is not restricted under a regulation under 20
section 18(4).7 21
(3) For subsection (1)-- 22
"official duties", of the archivist and the staff of the archives, do not 23
include allowing access to public records under section 18. 24
7 Section 18 (Public access to public records)
s 49 26 s 52
Public Records
of Act to certain of Governor's records 1
Application
49.(1) The following are not public records-- 2
(a) records that are correspondence between the Governor and the 3
Sovereign; or 4
(b) records that are correspondence between the Governor and the 5
Governor-General; or 6
(c) records that are correspondence between the Governor and the 7
Governor of another State. 8
(2) However, the Governor may agree that a particular record of a type 9
mentioned in subsection (1) is a public record. 10
against actions for defamation or breach of confidence 11
Protection
50.(1) This section applies if access is given to a public record under this 12
Act. 13
(2) No action for defamation or breach of confidence lies against-- 14
(a) the State or an official because of the giving of the access; or 15
(b) the author of the public record or another person because the 16
author or other person supplied the record to a public authority or 17
the archives. 18
(3) This section does not limit the operation of section 51. 19
from civil liability 20
Protection
51.(1) An official does not incur civil liability for an act done, or 21
omission made, honestly and without negligence under this Act. 22
(2) If subsection (1) prevents a civil liability attaching to the official, the 23
liability attaches instead to the State. 24
in legal proceedings 25
Evidence
52.(1) This section applies if-- 26
(a) a public record, or information in a public record, is admissible in 27
evidence in a legal proceeding on its production from proper 28
s 53 27 s 55
Public Records
custody; and 1
(b) the public record is in the custody of the archives. 2
(2) If the archives produces the public record, or a copy of or extract 3
from the public record, it is taken to have been produced from proper 4
custody. 5
(3) The archivist, or a member of the staff of the archives authorised by 6
the archivist, may give a certificate about the origin, history, nature or 7
contents of a public record in the custody of the archives. 8
(4) The certificate is admissible in evidence in a legal proceeding as 9
evidence of the matters stated in the certificate. 10
report 11
Annual
53.(1) Within 4 months after the end of each financial year, the archivist 12
must give to the Minister a report on the administration of this Act during 13
the year. 14
(2) Without limiting subsection (1), the report may include details of the 15
extent to which public authorities are complying with the Act, including, for 16
example, instances of noncompliance, if any, and measures taken, or the 17
archivist recommends be taken, to prevent, or reduce, noncompliance with 18
the Act. 19
(3) The Minister must table a copy of the report in the Legislative 20
Assembly within 14 sitting days after the Minister receives it. 21
power 22
Regulation-making
54. The Governor in Council may make regulations under this Act. 23
and Archives Act 1988 references 24
Libraries
55. In an Act or document, a reference (whether express or implied) to 25
the Libraries and Archives Act 1988 or provision of the Act that was 26
repealed by, and remade as a provision of, this Act may, if the context 27
permits, be taken to be a reference to this Act or the provision of this Act, as 28
the case requires. 29
s 56 28 s 58
Public Records
PART 6--TRANSITIONAL AND CONSEQUENTIAL 1
PROVISIONS 2
archivist to continue in position 3
State
56.(1) This section applies to a person who, immediately before the 4
commencement of this part, was the State archivist under the Libraries and 5
Archives Act 1988. 6
(2) On the commencement, the person is taken to be the archivist under 7
this Act. 8
for recovery of public records 9
Notice
57. A notice given to a person under the Libraries and Archives Act 10
1988, section 62(1),8 and in force immediately before the commencement 11
of this part, is taken to be a notice given under section 46.9 12
amended 13
Acts
58. Schedule 1 amends the Acts mentioned in it. 14
8 Section 62 (Recovery of public records improperly held)
9 Section 46 (Recovery of public records)
29
Public Records
SCHEDULE 1 1
¡
AMENDMENTS 2
section 58 3
AGRICULTURAL AND VETERINARY CHEMICALS 4
´
(QUEENSLAND) ACT 1994 5
1. Section 31, `Libraries and Archives Act 1988'-- 6
omit, insert-- 7
`Public Records Act 1999'. 8
AMBULANCE SERVICE ACT 1991 9
´
1. Section 20(1)(c)-- 10
omit. 11
BUSINESS NAMES ACT 1962 12
´
1. Section 25(2), `Libraries and Archives Act 1988'-- 13
omit, insert-- 14
`Public Records Act 1999'. 15
30
Public Records
SCHEDULE 1 (continued)
CITY OF BRISBANE MARKET ACT 1960 1
´
1. Section 25(1)(d), `Libraries and Archives Act 1988'-- 2
omit, insert-- 3
`Public Records Act 1999'. 4
COOPERATIVES ACT 1997 5
´
1. Section 439, `Libraries and Archives Act 1988'-- 6
omit, insert-- 7
`Public Records Act 1999'. 8
CRIME COMMISSION ACT 1997 9
´
1. Section 81, `Libraries and Archives Act 1988'-- 10
omit, insert-- 11
`Public Records Act 1999'. 12
RIMINAL LAW (REHABILITATION OF 13
´C
OFFENDERS) ACT 1986 14
1. Section 7(1)(d), `prescribed by or under the Libraries and Archives 15
Act 1988'-- 16
omit, insert-- 17
`under the Public Records Act 1999'. 18
31
Public Records
SCHEDULE 1 (continued)
EDUCATION (GENERAL PROVISIONS) ACT 1989 1
´
1. Section 68, heading, `Libraries and Archives Act 1988'-- 2
omit, insert-- 3
`Public Records Act 1999'. 4
2. Section 68, `Libraries and Archives Act 1988'-- 5
omit, insert-- 6
`Public Records Act 1999'. 7
ELECTRICITY ACT 1994 8
´
1. Section 64R(d), `Libraries and Archives Act 1988'-- 9
omit, insert-- 10
`Public Records Act 1999'. 11
EVIDENCE ACT 1977 12
´
1. Section 129-- 13
omit, insert-- 14
`Public Records Act 1999 not affected 15
`129. This part does not affect the Public Records Act 1999.'. 16
32
Public Records
SCHEDULE 1 (continued)
IRE AND RESCUE AUTHORITY ACT 1990 1
´F
1. Section 19A(1)(c)-- 2
omit. 3
FISHERIES ACT 1994 4
´
1. Section 213(1)(d), `Libraries and Archives Act 1988'-- 5
omit, insert-- 6
`Public Records Act 1999'. 7
FREEDOM OF INFORMATION ACT 1992 8
´
1. Section 17, heading-- 9
omit, insert-- 10
`Operation of Public Records Act 1999'. 11
2. Section 17, `Libraries and Archives Act 1988'-- 12
omit, insert-- 13
`Public Records Act 1999'. 14
3. Section 22(c), `in the Queensland State Archives or'-- 15
omit, insert-- 16
`under the Public Records Act 1999 or in'. 17
33
Public Records
SCHEDULE 1 (continued)
4. Section 24(1)(b), `in the Queensland State Archives'-- 1
omit, insert-- 2
`under the Public Records Act 1999'. 3
5. Section 24(2), `Libraries and Archives Act 1988 (whether before or 4
after the commencement of this part)'-- 5
omit, insert-- 6
`Libraries Act 1988 (whether before or after the commencement of this 7
part) or the Public Records Act 1999'. 8
6. Section 30(6), `20'-- 9
omit, insert-- 10
`25'. 11
LADSTONE POWER STATION AGREEMENT ACT 12
´G
1993 13
1. Section 28, `Libraries and Archives Act 1988'-- 14
omit, insert-- 15
`Public Records Act 1999'. 16
GRAIN INDUSTRY (RESTRUCTURING) ACT 1991 17
´
1. Section 14(1)(c), `Libraries and Archives Act 1988'-- 18
omit, insert-- 19
`Public Records Act 1999'. 20
34
Public Records
SCHEDULE 1 (continued)
LAND ACT 1994 1
´
1. Section 315(5), `Libraries and Archives Act 1988'-- 2
omit, insert-- 3
`Public Records Act 1999'. 4
AND TITLE ACT 1994 5
´L
1. Section 166(5), `Libraries and Archives Act 1988'-- 6
omit, insert-- 7
`Public Records Act 1999'. 8
IBRARIES AND ARCHIVES ACT 1988 9
´L
1. Title-- 10
omit, insert-- 11
`An Act about the State library and to promote libraries, and for 12
related purposes'. 13
2. Section 1-- 14
omit, insert-- 15
`Short title 16
`1. This Act may be cited as the Libraries Act 1988.'. 17
3. Section 2, definition "public authority"-- 18
omit. 19
35
Public Records
SCHEDULE 1 (continued)
4. Section 2(2) to (4)-- 1
omit. 2
5. Section 20(1)(c), `and archives'-- 3
omit. 4
6. Section 20(1)(h)-- 5
omit. 6
7. Part 7-- 7
omit. 8
8. Section 86(3) to (7)-- 9
omit. 10
9. After section 89-- 11
insert-- 12
`Libraries and Archives Act 1988 references 13
`89A. In an Act or document, a reference (whether express or implied) to 14
this Act or a provision of this Act that was not repealed by the Public 15
Records Act 1999 may, if the context permits, be taken to be a reference to 16
this Act or the provision of this Act, as the case requires.'. 17
MEAT INDUSTRY ACT 1993 18
´
1. Section 46(1)(d), `Libraries and Archives Act 1988'-- 19
omit, insert-- 20
`Public Records Act 1999'. 21
36
Public Records
SCHEDULE 1 (continued)
2. Section 160(1)(d), `Libraries and Archives Act 1988'-- 1
omit, insert-- 2
`Public Records Act 1999'. 3
POLICE POWERS AND RESPONSIBILITIES ACT 4
´
1997 5
1. Section 67, `Libraries and Archives Act 1988'-- 6
omit, insert-- 7
`Public Records Act 1999'. 8
UEENSLAND COMPETITION AUTHORITY ACT 9
´Q
1997 10
1. Section 229(d), `Libraries and Archives Act 1988'-- 11
omit, insert-- 12
`Public Records Act 1999'. 13
SCHOOL OF ARTS (WINDING UP AND TRANSFER) 14
´
ACT 1960 15
1. Section 2, `Libraries and Archives Act 1988'-- 16
omit, insert-- 17
`Libraries Act 1988'. 18
37
Public Records
SCHEDULE 1 (continued)
SUGAR INDUSTRY ACT 1991 1
´
1. Section 230(b), `Libraries and Archives Act 1988'-- 2
omit, insert-- 3
`Public Records Act 1999'. 4
5
38
Public Records
SCHEDULE 2 1
¡
DICTIONARY 2
section 4 3
"archives" means the Queensland State Archives. 4
"archivist" means the State Archivist. 5
"authorised officer" means-- 6
(a) the archivist; or 7
(b) a person who is appointed under section 40 as an authorised 8
officer. 9
"board" means the State Archives Board. 10
"convicted" means found guilty, or having a plea of guilty accepted by a 11
court, whether or not a conviction is recorded. 12
"disposal", of a record, includes-- 13
(a) destroying or damaging the record, or part of it; or 14
(b) abandoning, transferring or selling the record, or part of it. 15
"FOI Act" means the Freedom of Information Act 1992. 16
"intergovernmental authority" means an entity established by the State 17
and a local government. 18
"Ministerial record" means a record created or received by a Minister in 19
the course of carrying out the Minister's portfolio responsibilities but 20
does not include-- 21
(a) a record related to the Minister's personal or party political 22
activities; or 23
(b) a record the Minister holds in the Minister's capacity as a member 24
of the Legislative Assembly. 25
"official" means the archivist or a member of the staff of the archives. 26
39
Public Records
SCHEDULE 2 (continued)
"possession", of a public record, includes having control of the record. 1
"public authority" means-- 2
(a) the Governor in his or her official capacity; or 3
(b) the Executive Council; or 4
(c) the Legislative Assembly; or 5
(d) a Minister; or 6
(e) the registrar or other officer of a court dealing with official records 7
of the court; or 8
(f) a commission of inquiry under the Commissions of Inquiry Act 9
1950; or 10
(g) an entity that-- 11
(i) is established by an Act; or 12
(ii) is created by the Governor in Council or a Minister; or 13
(h) a GOC; or 14
(i) a department; or 15
(j) an inter-governmental authority; or 16
(k) a local government; or 17
(l) an entity declared under a regulation to be a public authority for 18
the purposes of this Act. 19
"record" means recorded information created or received by an entity in the 20
transaction of business or the conduct of affairs that provides evidence 21
of the business or affairs and includes-- 22
(a) anything on which there is writing; or 23
(b) anything on which there are marks, figures, symbols or 24
perforations having a meaning for persons qualified to interpret 25
them; or 26
(c) anything from which sounds, images or writings can be 27
reproduced with or without the aid of anything else; or 28
(d) a map, plan, drawing or photograph. 29
40
Public Records
SCHEDULE 2 (continued)
"responsible public authority", for part 2, division 3, see section 15. 1
"restricted access period", for part 2, division 3 see section 16. 2
© State of Queensland 1999
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