Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
Act —
authorized applicant , in relation to an
application to the Commission, means a person authorized under section 4
to make the application;
Commission means the State Records Commission
established by section 57;
control , in relation to a record, means the
responsibility for keeping it but does not include the responsibility for
creating it;
destroy , in relation to a record, means to deal
with the record —
(a) so
that any or all of the information recorded or stored on it is obliterated or
rendered illegible or irrecoverable; or
(b) so
that it can not convey a meaning in a visible, audible or recoverable form;
Director means the Director of State Records
referred to in section 70;
exempt record means a record —
(a)
control of which is given by a State organization to another person in the
course of the organization’s operations;
(b) that
is part of publicly available library material held by a State organization
for reference purposes;
(c) that
was not created by a State organization and that is part of the collection of
a State collecting institution;
FOI Act means the Freedom of Information
Act 1992 ;
government organization means an organization in
Schedule 1 but does not include an organization in Schedule 2;
government organization employee
means —
(a) a
person who, whether or not an employee, alone or with others governs, controls
or manages a government organization;
(b) a
person who, under the Public Sector Management Act 1994 , is a public
service officer of a government organization; or
(c) a
person who is engaged by a government organization, whether under a contract
for services or otherwise,
and includes, in the case of a government
organization referred to in item 5 or 6 of Schedule 1, a ministerial officer
(as defined in the Public Sector Management Act 1994 ) assisting the
organization;
government record means a record created or
received by —
(a) a
government organization; or
(b) a
government organization employee in the course of the employee’s work
for the organization,
but does not include an exempt record;
keep , in relation to a record, has the meaning
affected by subsection (2);
parliamentary department means a department that
is deemed to have been constituted in relation to the administration of
Parliament for the purposes of the Financial Management Act 2006 by
regulations made for the purposes of section 5(1) of that Act;
parliamentary record means a record created or
received by —
(a) a
parliamentary department; or
(b) a
person in the course of the person’s work for the department, whether
the person is employed under a contract of service or is engaged under a
contract for services or otherwise,
but does not include an exempt record;
record means any record of information however
recorded and includes —
(a) any
thing on which there is writing or Braille;
(b) a
map, plan, diagram or graph;
(c) a
drawing, pictorial or graphic work, or photograph;
(d) any
thing on which there are figures, marks, perforations, or symbols, having a
meaning for persons qualified to interpret them;
(e)
anything from which images, sounds or writings can be reproduced with or
without the aid of anything else; and
(f) any
thing on which information has been stored or recorded, either mechanically,
magnetically, or electronically;
record keeping plan means —
(a) in
relation to a parliamentary department, the record keeping plan approved in
respect of the department under Part 2, as the plan is amended from time to
time under that Part;
(b) in
relation to a government organization, the record keeping plan approved in
respect of the organization under Part 3, as the plan is amended from time to
time under that Part;
relevant Minister , in relation to a
Schedule 3 organization, means the Minister to whom the administration of
the Act under which the organization is established or continued is for the
time being committed by the Governor;
reproduce , in relation to a record, has the
meaning affected by subsection (3);
restricted access archive means a State archive
that is a government record and to which access is restricted until it is of a
certain age;
retention period in relation to a record, means
the period for which the record must be kept before it may be destroyed;
Schedule 3 organization means a government
organization in Schedule 3;
State archive means a State record that is to be
retained permanently;
State archives collection means the collection of
State archives referred to in section 35;
State collecting institution
means —
(a) the
Art Gallery of Western Australia preserved and continued by the
Art Gallery Act 1959 ;
(b) the
State Reference Library (as defined in the Library Board of
Western Australia Act 1951 ); and
(c) the
Western Australian Museum constituted under the Museum Act 1969 ;
State organization means —
(a) a
parliamentary department; or
(b) a
government organization;
State record means —
(a) a
parliamentary record; or
(b) a
government record;
State Records Office means the entity referred to
in section 72;
successor , in relation to a government
organization that is abolished or that ceases to be a government organization,
means the government organization (if any) that takes over that
organization’s functions;
unauthorized possession , in relation to a
government record, means possession that is not authorized by any of the
following —
(a) the
record keeping plan of the government organization that last had possession
of, or that has the control of, the record;
(b) the
government organization that last had possession of, or that has the control
of, the record;
(c) the
archives keeping plan;
(d) the
Director;
(e) a
written law;
(f) an
order or determination of a court or tribunal.
(2) In this Act a
reference to keeping records or record keeping includes a
reference —
(a) to
creating, maintaining, indexing, organizing, storing, preserving, securing,
retaining and managing records; and
(b) to
maintaining, preserving, securing and retaining the means by which any
information on a record can be recovered.
(3) In this Act a
reference to reproducing a record in another form includes a reference to
reproducing the information in the record by another means.
For example : a paper
record could be reproduced in the form of a microfilm or it could be scanned
and the information in it digitized for reproduction by means of a computer.
(4) In this Act a
State organization’s State records are those records that the
organization has created or received or taken control of.
(5) In this Act a
reference to transferring a record to another person includes a reference to
transferring the means of recovering the record’s information to the
person.
(6) In this Act the
age of a record is to be determined from the date when it first became a State
record.
(7) Notes and examples
in this Act are provided to assist understanding and do not form part of the
Act.
[Section 3 amended by No. 77 of 2006
s. 17.]