Western Australian Consolidated Acts

STATE RECORDS ACT 2000

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Authorized applicant  
   5.      Act binds Crown  
   6.      Application to records created or received before commencement  
   7.      Application to State organizations  
   8.      Application to former government organizations  
   9.      Effect on other enactments  
   10.     Person responsible for State organization’s obligations  

   PART 2 -- Record keeping plans for parliamentary departments  

   11.     Content of plans  
   12.     Parliamentary departments to have plans  
   13.     Amending plans  
   14.     Review of plans  
   15.     Effect of plans  

   PART 3 -- Record keeping plans for government organizations  

           Division 1 -- General  

   16.     Content of plans  
   17.     Effect of plans  

           Division 2 -- Plans of government organizations other than those to which Division 3 applies  

   18.     Application  
   19.     Government organizations to have plans  
   20.     Existing organizations to lodge draft plans  
   21.     New organizations to lodge draft plans  
   22.     Director to report on draft plans  
   23.     Commission may approve draft plans  
   24.     Amending plans  

           Division 3 -- Plans of the Commission, the State Records Office and Schedule 3 organizations  

   25.     Commission to have plan  
   26.     State Records Office to have plan  
   27.     Schedule 3 organizations to have plans  

           Division 4 -- Reviews of and periodic reports about plans  

   28.     Review of plans  
   29.     Government organizations to report periodically  
   30.     Reports to be given to Parliament  

   PART 4 -- Control of State records  

   31.     Control of records that are not State archives  
   32.     State archives to be transferred to State archives collection  
   33.     Contracting-out of record keeping not prevented  

   PART 5 -- State archives  

           Division 1 -- General  

   34.     State archives identified  
   35.     State archives collection  
   36.     Director has control of State archives collection  

           Division 2 -- Restricted access archives  

   37.     Restricted access archives identified  
   38.     When archives cease to be restricted access archives  

           Division 3 -- Archives keeping plan  

   39.     Director to have plan  
   40.     Approval of plan  
   41.     Plan to be reviewed  
   42.     Periodic report about plan  

           Division 4 -- Destruction of archives  

   43.     Destruction of archives  

   PART 6 -- Access to government records  

   44.     Records that are not State archives  
   45.     State archives that are not restricted access archives  
   46.     Restricted access archives  
   47.     Archives at least 75 years old  
   48.     Archives containing exceptionally sensitive information  
   49.     Medical etc. information, limited access to  
   50.     Applying for access to State archives  
   51.     Access to archives may be controlled  

   PART 7 -- Recovering government records  

   52.     Direction to deliver  
   53.     Court action to recover  
   54.     Compensation for recovered records  
   55.     Reciprocal agreements to recover government records  
   56.     No limitation period etc.  

   PART 8 -- State Records Commission  

           Division 1 -- General  

   57.     Commission established  
   58.     Membership  
   59.     Provisions about membership and meetings  
   60.     Functions  
   61.     Principles and standards  
   62.     Committees of the Commission  
   63.     Facilities and services for the Commission  
   64.     Annual and special reports to Parliament  

           Division 2 -- Relationship with the Minister  

   65.     Commission to be generally independent  
   66.     Minister to have access to information  

           Division 3 -- Investigative powers  

   67.     Commission’s right of access to government records  
   68.     Commission may request report on record keeping  
   69.     Commission to have powers of special inquirer under Public Sector Management Act 1994  

   PART 9 -- Administrative matters  

   70.     Director of State Records  
   71.     Staff  
   72.     State Records Office  
   73.     Director’s functions  
   74.     Director’s right of access to government records  
   75.     Director’s contractual powers  

   PART 10 -- General  

   76.     Information about Aboriginal Australians  
   77.     Confidentiality  
   78.     Offences  
   79.     Evidential matters  
   80.     Protection from defamation or breach of confidence actions  
   81.     Protection from criminal actions  
   82.     Protection from personal liability for wrongdoing  
   83.     Crown’s rights in respect of government records  
   84.     Regulations  
           SCHEDULE 1 -- Government organizations  
           SCHEDULE 2 -- Organizations that are not government organizations  
           SCHEDULE 3 -- Certain government organizations  
           SCHEDULE 4 -- Provisions applicable to the Commission  
           Compilation table