Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
State Records (Consequential Provisions)
Bill 1998
A Bill for
An Act to amend various Acts and enact transitional provisions as a
consequence of the enactment of the State Records Act 1998.
The Parliament of Western Australia enacts as follows:
page 1
34 -- 1
State Records (Consequential Provisions) Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the State Records (Consequential
Provisions) Act 1998.
5 2. Commencement
The provisions of this Act come into operation on such day as
is, or days as are respectively, fixed by proclamation.
page 2
State Records (Consequential Provisions) Bill 1998
Children's Court of Western Australia Act 1988 Part 2
s. 3
Part 2 -- Children's Court of Western Australia
Act 1988
3. Part 6 repealed
Part 6 of the Children's Court of Western Australia Act 1988* is
5 repealed.
[* Reprinted as at 23 April 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 34, and Act No.15 of 1998.]
page 3
State Records (Consequential Provisions) Bill 1998
Part 3 District Court of Western Australia Act 1969
s. 4
Part 3 -- District Court of Western Australia Act 1969
4. Part IX repealed
Part IX of the District Court of Western Australia Act 1969* is
repealed.
5 [* Reprinted as at 20 February 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 67.]
page 4
State Records (Consequential Provisions) Bill 1998
Financial Administration and Audit Act 1985 Part 4
s. 5
Part 4 -- Financial Administration and Audit Act 1985
5. Schedule 1 amended
Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by inserting in the appropriate alphabetical position
5 the following --
" State Records Commission ".
[* Reprinted as at 10 January 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 84, and Acts Nos.22 of 1997
10 and 4, 23 and 30 of 1998.]
page 5
State Records (Consequential Provisions) Bill 1998
Part 5 Freedom of Information Act 1992
s. 6
Part 5 -- Freedom of Information Act 1992
6. Act amended by this Part
The amendments in this Part are to the Freedom of Information
Act 1992*.
5 [* Reprinted as at 8 July 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p..90, and Act No.13 of 1998.]
7. Section 6 amended
Section 6(c) is deleted and the following paragraph is inserted
10 instead --
"
(c) State archives to which a person has a right to
be given access under Part 5 of the State
Records Act 1998 despite this Act;
15 ".
8. Section 7 amended
Section 7 is amended by deleting "included in the State archives
or".
9. Section 8 amended
20 After section 8(4) the following subsection is inserted --
"
(5) A person's right to be given access to a document that
is a State archive is subject to Part 5 of the State
Records Act 1998.
25 ".
page 6
State Records (Consequential Provisions) Bill 1998
Freedom of Information Act 1992 Part 5
s. 10
10. Section 48 amended
Section 48(4) is repealed and the following subsection is
inserted instead --
"
5 (4) Before information is amended under subsection (1) in
a manner that --
(a) obliterates or removes the information; or
(b) results in the destruction of a document
containing the information,
10 and that contravenes the State Records Act 1998, a
record keeping plan made under that Act or the
archives keeping plan made under that Act, the
Commissioner shall provide the State Records
Commission with a copy of the certificate issued by the
15 Commissioner under subsection (3).
".
11. Glossary amended
(1) Clause 1 of the Glossary is amended by deleting the definition
of "State archives" and inserting instead --
20 "
"State archive" has the same definition as in the State
Records Act 1998;
".
(2) Clause 7 of the Glossary is repealed.
page 7
State Records (Consequential Provisions) Bill 1998
Part 6 Justices Act 1902
s. 12
Part 6 -- Justices Act 1902
12. Part X repealed
Part X of the Justices Act 1902* is repealed.
[* Reprinted as at 4 June 1997.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 122, and Act No.29 of 1998.]
page 8
State Records (Consequential Provisions) Bill 1998
Library Board of Western Australia Act 1951 Part 7
Amendments Division 1
s. 13
Part 7 -- Library Board of Western Australia Act 1951
Division 1 -- Amendments
13. Amendments
The Library Board of Western Australia Act 1951* is amended
5 as set out in the Table to this section.
Table
s. 3(1) Delete these definitions:
"non-current public record";
"public office";
"public record";
"record";
"State archive".
s. 3(2) Repeal the subsection.
s. 21(5) Delete paragraph (g).
s. 22 Repeal the section and delete the heading
"State Archives" immediately before it.
ss. 23 to 33 Repeal the sections.
[* Reprinted as at 17 May 1984.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 134.]
10 Division 2 -- Transitional provisions
14. Interpretation
(1) In this Division --
"commencement" means the commencement of the State
Records Act 1998.
page 9
State Records (Consequential Provisions) Bill 1998
Part 7 Library Board of Western Australia Act 1951
Division 2 Transitional provisions
s. 15
(2) In this Division, unless the contrary intention appears, words
and expressions have the same definitions as in the State
Records Act 1998.
15. State archives to continue as such
5 (1) If immediately before commencement a record was a State
archive under the Library Board of Western Australia Act 1951,
then on and after commencement the record is to be taken to be
a State archive for the purposes of the State Records Act 1998.
(2) On commencement any record --
10 (a) that under subsection (1) is to be taken to be a State
archive for the purposes of the State Records Act 1998;
and
(b) that is in the custody of the Library Board of Western
Australia,
15 is to be taken to be in the State archive collection and the Board
is to transfer the record to the collection.
(3) Subsection (2) does not affect section 19.
16. Certain State archives to be restricted access archives
(1) If immediately before commencement a record was a State
20 archive under the Library Board of Western Australia Act 1951
and subject to --
(a) restrictions on public access imposed under
section 32(3) of that Act; or
(b) restrictions on access imposed under section 32(5) of
25 that Act,
then on and after commencement the record is to be taken to be
a restricted access archive for 5 years after commencement.
page 10
State Records (Consequential Provisions) Bill 1998
Library Board of Western Australia Act 1951 Part 7
Transitional provisions Division 2
s. 17
(2) Subsection (1) does not prevent an application being made
under section 33(3) of the State Records Act 1998 in respect of
the restricted access archive.
17. State archives with unrestricted access not to be restricted
5 If immediately before commencement a record --
(a) was a State archive under the Library Board of Western
Australia Act 1951;
(b) was not under that Act subject to any restrictions as to
public access to it; and
10 (c) contains information about a person's medical condition
or about a person's disability (as defined in the
Disability Services Act 1993),
then on and after commencement the record is not subject to
section 44 of the State Records Act 1998.
15 18. Provisions that apply until record keeping plan approved
Until a record keeping plan is approved by the Commission in
respect of a State organization that is in existence on
commencement, sections 30, 31 and 32 (except section 32(1)) of
the Library Board of Western Australia Act 1951 have effect,
20 despite the repeal of those sections by this Act.
19. Agreements as to State archives
If immediately before commencement an agreement is in force
under section 26 of the Library Board of Western Australia
Act 1951 then on and after commencement --
25 (a) the agreement has effect as if the Director were
substituted for the Library Board of Western Australia
as a party to the agreement;
page 11
State Records (Consequential Provisions) Bill 1998
Part 7 Library Board of Western Australia Act 1951
Division 2 Transitional provisions
s. 20
(b) if the other party to the agreement is a State
organization, the agreement has effect until the
Commission approves the record keeping plan of that
organization; and
5 (c) if the other party to the agreement is not a State
organization, the agreement has effect according to its
terms.
20. Applications to restrict access to archives not limited
This Division does not limit any right to apply under
10 section 32(2)(b) of the State Records Act 1998 in respect of a
State archive that immediately before commencement was a
State archive under the Library Board of Western Australia
Act 1951.
page 12
State Records (Consequential Provisions) Bill 1998
Local Courts Act 1904 Part 8
s. 21
Part 8 -- Local Courts Act 1904
21. Part X repealed
Part X of the Local Courts Act 1904* is repealed.
[* Reprinted as at 4 March 1994.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 138.]
page 13
State Records (Consequential Provisions) Bill 1998
Part 9 Public Sector Management Act 1994
s. 22
Part 9 -- Public Sector Management Act 1994
22. Section 29 amended
Section 29(1) of the Public Sector Management Act 1994* is
amended by deleting paragraph (n) and "and" following it and
5 inserting instead --
"
(n) subject to the State Records Act 1998, to ensure
that the department or organization keeps
proper records; and
10 ".
[* Reprinted as at 3 September 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 191, and Act Nos. 22 of 1997
and 23 of 1998 and Gazettes of 24 March 1998 and 17 July
15 1998.]
page 14
State Records (Consequential Provisions) Bill 1998
Royal Commission (Custody of Records) Act 1992 Part 10
s. 23
Part 10 -- Royal Commission (Custody of Records)
Act 1992
23. Act amended by this Part
The amendments in this Part are to the Royal Commission
5 (Custody of Records) Act 1992*.
[* Act No. 43 of 1992.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 206.]
24. Section 3 amended
10 Section 3(1)(b) is deleted and the following paragraph is
inserted instead --
" (b) the State Records Act 1998; ".
25. Section 4 amended
Section 4(1) is amended as follows:
15 (a) by inserting in the appropriate alphabetical positions the
following definitions --
"
"Director of State Records" means the Director of
State Records under the State Records Act 1998;
20 "State archives collection" has the same definition as
in the State Records Act 1998;
";
(b) by deleting the definitions of "Library Act" and "Library
Board";
25 (c) in the definition of "record" by deleting "Library Act"
and inserting instead --
" State Records Act 1998 ".
page 15
State Records (Consequential Provisions) Bill 1998
Part 10 Royal Commission (Custody of Records) Act 1992
s. 26
26. Sections 6 to 10 repealed
Sections 6 to 10 are repealed.
27. Section 12 amended
Section 12(1) is amended by deleting "the DPP shall transfer all
5 records in the custody of the DPP under section 5 to the Library
Board as State archives." and inserting instead --
"
all records in the custody of the DPP under section 5,
except those dealt with under subsection (2), shall
10 become State archives and the DPP shall transfer them
to the State archives collection.
".
28. Section 13 amended
(1) Section 13(1) is amended by deleting "Subject to subsection (2)
15 and section 6(2), if" and inserting instead --
" If ".
(2) Section 13(2) and (3) are repealed.
29. Section 14 amended
(1) Section 14(1) is repealed and the following subsection is
20 inserted instead --
"
(1) The Director of State Records shall accept custody and
control of a record transferred to the State archives
collection under this Act and, subject to this section,
25 shall keep the record as a State archive in accordance
with the State Records Act 1998.
".
page 16
State Records (Consequential Provisions) Bill 1998
Royal Commission (Custody of Records) Act 1992 Part 10
s. 29
(2) Section 14(1a) is repealed.
(3) Section 14(2)(a) and (b) are deleted and the following
paragraphs are inserted instead --
"
5 (a) a confidential record, internal working
document or private submission that is a State
archive in the State archives collection; or
(b) a transcript record that is a State archive in the
State archives collection and that is the subject
10 of a direction by the Royal Commission
prohibiting its publication,
".
(4) Section 14(5)(d) is deleted and the following paragraph is
inserted instead --
15 "
(d) that in the case of a record that is a restricted
access archive under the State Records
Act 1998, the provision of access to the record
would not contravene or be inconsistent with
20 the restrictions on access to the record under
that Act.
".
(5) Section 14(8) is repealed and the following subsections are
inserted instead --
25 "
(8) Without limiting section 3(1), the prohibition in
subsection (2) has effect notwithstanding Part 5 of the
State Records Act 1998.
page 17
State Records (Consequential Provisions) Bill 1998
Part 10 Royal Commission (Custody of Records) Act 1992
s. 30
(9) This section ceases to have effect in relation to a
confidential record, internal working document, private
submission or transcript record, as the case may be,
when it becomes 75 years old as determined under
5 section 3(5) of the State Records Act 1998 unless under
section 43 of that Act, the State Records Commission
has directed that it is an exceptionally sensitive archive
in which case that section applies to it.
".
10 30. Section 15 amended
(1) Section 15 is amended by repealing subsections (1) to (7).
(2) Section 15(8) is amended by inserting after "this section" the
following --
"
15 (as this Act and that Act operated before the
commencement of the State Records (Consequential
Provisions) Act 1998)
".
page 18
[Index] [Search] [Download] [Related Items] [Help]