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Queensland
PUBLIC RECORDS BILL 2001
Queensland
PUBLIC RECORDS BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Act binds the State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . 9
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" . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Meaning of "restricted access period". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Application for access to public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Public access to public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
19 Reviewing and changing responsible public authority's notice about access 14
2
Public Records Bill 2001
20 Forms of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3--STATE ARCHIVIST AND QUEENSLAND STATE
ARCHIVES
Division 1--General
21 State archivist and Queensland State Archives . . . . . . . . . . . . . . . . . . . . . . . 15
22 Appointment of archivist and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Control of the archives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Functions and powers
24 Functions of archivist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Powers of archivist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Archivist may authorise disposal of public records . . . . . . . . . . . . . . . . . . . 17
27 Independence in relation to disposal decisions . . . . . . . . . . . . . . . . . . . . . . . 17
28 Arrangements for storage of records outside archives . . . . . . . . . . . . . . . . . 18
Division 3--Public Records Review Committee
Subdivision 1--Establishment
29 Public Records Review Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Term of office for committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 2--Committee proceedings
33 Time and place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
34 Conduct of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 Participation in meetings by telephone etc.. . . . . . . . . . . . . . . . . . . . . . . . . . 20
36 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Committee member's duty about committee's deliberations . . . . . . . . . . . . 20
38 Archivist may attend committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subdivision 3--Committee's review of archivist's decisions
39 Application for review of archivist's decision about disposal. . . . . . . . . . . . 21
40 Archivist to provide reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
41 Decision by committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Miscellaneous
42 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
Public Records Bill 2001
PART 4--POWERS OF ENFORCEMENT
Division 1--Authorised officers
43 Appointment of authorised officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
44 Identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
45 Production or display of authorised officer's identity card . . . . . . . . . . . . . . 23
Division 2--General powers
46 Power of entry and inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
47 Public authority to comply with request . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
48 Obstruction of authorised officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Specific powers
49 Recovery of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
50 Reciprocal agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 5--MISCELLANEOUS
51 Secrecy provisions in other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
52 Application of Act to certain of Governor's records . . . . . . . . . . . . . . . . . . . 26
53 Protection against actions for defamation or breach of confidence. . . . . . . . 27
54 Protection from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
55 Evidence in legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
56 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
57 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
58 Libraries and Archives Act 1988 references . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 6--TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
59 State archivist to continue in position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
60 Notice for recovery of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
61 Existing notices about access to public records . . . . . . . . . . . . . . . . . . . . . . 29
62 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 7--VALIDATION PROVISION
63 Validation of certain actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 31
AMENDMENTS
AGRICULTURAL AND VETERINARY CHEMICALS (QUEENSLAND)
ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
BUSINESS NAMES ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4
Public Records Bill 2001
COOPERATIVES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
CRIME COMMISSION ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . . 32
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . 32
ELECTRICITY AMENDMENT ACT (NO. 3) 1997 . . . . . . . . . . . . . . . . . . 33
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 33
GLADSTONE POWER STATION AGREEMENT ACT 1993 . . . . . . . . . . 34
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
LIBRARIES AND ARCHIVES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . 35
MEAT INDUSTRY ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
QUEENSLAND COMPETITION AUTHORITY ACT 1997. . . . . . . . . . . . 37
SCHOOLS OF ARTS (WINDING UP AND TRANSFER) ACT 1960 . . . . 37
SUGAR INDUSTRY ACT 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 39
DICTIONARY
2001
A BILL
FOR
An Act about making, managing, keeping and preserving public
records in Queensland, and for other purposes
s1 6 s5
Public Records Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Public Records Act 2001. 4
2 Commencement 5
(1) Part 7 of this Act commences on assent. 6
(2) The remaining provisions commence on a day to be fixed by 7
proclamation. 8
3 Purposes 9
The main purposes of this Act are to ensure-- 10
(a) the public records of Queensland are made, managed, kept and, if 11
appropriate, preserved in a useable form for the benefit of present 12
and future generations; and 13
(b) public access to records under this Act is consistent with the 14
principles of the Freedom of Information Act 1992. 15
4 Definitions 16
The dictionary in schedule 2 defines particular words used in this Act. 17
5 Act binds the State 18
This Act binds the State. 19
s6 7 s7
Public Records Bill 2001
PART 2--PUBLIC RECORDS 1
Division 1--Preliminary 2
6 What is a public record 3
(1) A "public record" is any of the following records made before or 4
after the commencement of this Act-- 5
(a) a record made for use by, or a purpose of, a public authority, 6
other than a Minister; 7
(b) a record received or kept by a public authority, other than a 8
Minister, in the exercise of its statutory, administrative or other 9
public responsibilities or for a related purpose; 10
(c) a Ministerial record.1 11
(2) A public record includes-- 12
(a) a copy of a public record; and 13
(b) a part of a public record, or a copy of a part of a public record. 14
Division 2--Making, managing, keeping and preserving public records 15
7 Making and keeping of public records 16
(1) A public authority must-- 17
(a) make and keep full and accurate records of its activities; and 18
(b) have regard to any relevant policy, standards and guidelines made 19
by the archivist about the 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
1 See, also, section 52 (Application of Act to certain of Governor's records).
s8 8 s9
Public Records Bill 2001
(b) if the public authority is a local government--the chief executive 1
officer of the local government; or 2
(c) if the public authority is not an authority mentioned in 3
paragraphs (a) and (b)--a person (whatever the person's position 4
is called) 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
8 Custody and preservation of public records 9
(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 16
authority 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. 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
9 Ownership of public records 29
(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
(2) Ownership of public records of another public authority vests in-- 32
s 10 9 s 12
Public Records Bill 2001
(a) if the records are in the authority's possession--the authority; or 1
(b) in any other case--the State. 2
(3) In this section-- 3
"State instrumentality" means a public authority other than a local 4
government. 5
10 Public records more than 25 years old 6
(1) If a public record in a public authority's possession is more than 7
25 years old, the authority must give written notice of the record's 8
existence to the archivist. 9
(2) The archivist may take possession, or a copy, of the record or give 10
directions about the storage of the record. 11
(3) A public record in the custody of the archives that is more than 12
25 years old may be removed from the archives only if the archivist is 13
satisfied-- 14
(a) the record is reasonably needed by the public authority; or 15
(b) there is another adequate reason for allowing it to be removed. 16
(4) This section does not prevent the disposal of a public record by, or 17
under an authority given by, the archivist. 18
11 Transfer of other public records to archives 19
(1) This section applies to public records that are 25 years old or less. 20
(2) If a public authority no longer needs a public record to be readily 21
available in its own custody, it may give the record to the archives. 22
(3) The archivist must ensure all public records given to the archives by 23
a public authority are made available as reasonably needed by the public 24
authority. 25
12 Special protection of public records over 30 years old 26
(1) A person must not damage a public record more than 30 years old. 27
Maximum penalty--100 penalty units. 28
(2) This section applies to a public record whether or not it is in the 29
custody of the archives. 30
s 13 10 s 15
Public Records Bill 2001
(3) This section does not apply to a person who is a member of the staff 1
of the archives to the extent the person necessarily damages a public record 2
in carrying out an accepted archival or conservation practice in relation to 3
the record. 4
(4) In subsection (1)-- 5
"damage", a public record, means-- 6
(a) change the record in a way that causes, or is likely to cause, 7
damage to the record; or 8
(b) neglect the record in a way that causes, or is likely to cause, 9
damage to the record; or 10
(c) otherwise damage the record. 11
13 Disposal of public records 12
A person must not dispose of a public record unless the record is 13
disposed of under-- 14
(a) an authority given by the archivist; or 15
(b) other legal authority, justification or excuse. 16
Maximum penalty--165 penalty units. 17
14 Public authority must ensure particular records remain accessible 18
(1) This section applies if a public record is an article or material from 19
which information can be produced or made available only with the use of 20
particular equipment or information technology. 21
(2) The public authority controlling the record must take all reasonable 22
action to ensure the information remains able to be produced or made 23
available. 24
Division 3--Access to public records 25
15 Meaning of "responsible public authority" 26
The "responsible public authority", for a public record, is-- 27
(a) the public authority that gave the public record to the archives; or 28
s 16 11 s 16
Public Records Bill 2001
(b) if the public authority that gave the record to the archives no 1
longer exists, but there is another public authority carrying out 2
the functions of the former authority--the other authority; or 3
(c) if the record relates to a function or power of a public authority 4
that has been transferred to another public authority--the other 5
authority; or 6
(d) in any other case--the public authority prescribed under a 7
regulation for this definition. 8
16 Meaning of "restricted access period" 9
(1) Subject to subsection (2), the "restricted access period", for a 10
public record classified by a public authority as containing potentially 11
exempt matter mentioned in section 36 or 372 of the FOI Act, or a 12
Ministerial record, starts on the day the record is made and ends 30 years 13
after the day of the last action on the record. 14
(2) If a public record mentioned in subsection (1) is also classified by the 15
responsible public authority for the record as containing potentially exempt 16
matter mentioned in section 443 of the FOI Act, the "restricted access 17
period" for the record is the longer of the following periods-- 18
(a) the period starting on the day the record is made and ending 19
30 years after the day of the last action on the record; 20
(b) the period starting on the day the record is made and ending on 21
the day stated in a written notice given to the archivist by the 22
public authority when the record is given to the archives. 23
(3) The "restricted access period" for another public record starts on 24
the day the record is made and ends on the day stated in a written notice 25
given to the archivist by the responsible public authority for the record 26
when the record is given to the archives. 27
(4) The day stated in the notice must not be later than-- 28
(a) for a record classified by a public authority as containing 29
potentially exempt matter mentioned in section 44 of the FOI 30
Act--the last day of the year that is not more than 100 years after 31
the day of the last action on the record; or 32
2 FOI Act, section 36 (Cabinet matter) or 37 (Executive Council matter)
3 FOI Act, section 44 (Matter affecting personal affairs)
s 17 12 s 18
Public Records Bill 2001
(b) for a record classified by a public authority as containing 1
potentially exempt matter mentioned in section 42, 43 or 464 of 2
the FOI Act--the last day of the year that is not more than 3
65 years after the day of the last action on the record; or 4
(c) for another public record--the last day of the year that is not 5
more than 30 years after the day of the last action on the record. 6
(5) Subsections (1), (2) and (4)(a) and (b) apply as if the public authority 7
in all cases were an agency under the FOI Act. 8
17 Application for access to public records 9
(1) A person may apply to the archivist for access to a public record in 10
the custody of the archives. 11
(2) The application must be accompanied by the fee prescribed under a 12
regulation. 13
(3) For subsection (1), a public record is taken to be in the custody of the 14
archives if the record is the subject of a direction by the archivist under 15
section 10(2).5 16
18 Public access to public records 17
(1) If the restricted access period for a public record has ended, the 18
archivist must allow the applicant access to the record. 19
(2) However, if the restricted access period has not ended, the applicant 20
may have access to the public record only if-- 21
(a) access is obtained under the FOI Act;6 or 22
(b) the responsible public authority gives the archivist a written 23
notice stating-- 24
(i) the public authority has classified the record as a record to 25
which unrestricted access is allowed; or 26
4 FOI Act, section 42 (Matter relating to law enforcement or public safety), 43 (Matter
affecting legal proceedings) or 46 (Matter communicated in confidence)
5 Section 10 (Public records more than 25 years old)
6 See the FOI Act, part 3, for provisions about access to documents and part 5,
division 4, for provisions about reviewing access decisions under that Act.
s 18 13 s 18
Public Records Bill 2001
(ii) access to the record may be given on conditions stated in the 1
notice. 2
(3) Also, the archivist may refuse to allow access to a public record if-- 3
(a) giving access to the record would be detrimental to its 4
preservation; or 5
(b) the record is reasonably available for purchase by members of 6
the community under arrangements made by a public authority; 7
or 8
(c) information in the record can be produced or made available only 9
with the use of particular equipment or information technology 10
and the archives does not possess, and can not reasonably obtain 11
access to, the equipment or information technology; or 12
(d) giving access to the record is restricted under a regulation under 13
subsection (4) or (5). 14
(4) Access to a public record may be restricted under a regulation if-- 15
(a) the record is more than 100 years old; and 16
(b) the record contains information concerning the personal affairs 17
of a person; and 18
(c) access to the record would not, on balance, be in the public 19
interest. 20
(5) Access to a public record may also be restricted under a regulation 21
if-- 22
(a) the record is classified by the responsible public authority for the 23
record as containing matter that is potentially exempt under 24
section 42(g) to (i) of the FOI Act because its disclosure could 25
reasonably be expected to-- 26
(i) endanger the security of a building, structure or vehicle; or 27
(ii) prejudice a system or procedure for the protection of 28
persons, property or the environment; or 29
(iii) facilitate a person's escape from lawful custody; and 30
(b) access to the record would not, on balance, be in the public 31
interest. 32
(6) A restriction under a regulation may include the imposition of a 33
condition on access. 34
s 19 14 s 20
Public Records Bill 2001
19 Reviewing and changing responsible public authority's notice 1
about access 2
(1) The archivist may ask a responsible public authority to review or 3
change a notice given by the public authority under section 16(3) about a 4
public record mentioned in section 16(4)(a) or (b). 5
(2) If a dispute arises between the archivist and the responsible public 6
authority about the notice, the archivist or the public authority may refer 7
the dispute to the committee for resolution. 8
(3) The archivist and the public authority must comply with the 9
committee's decision on the dispute. 10
20 Forms of access 11
(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) 16
applies--by 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 or writings if the record is something 19
from which sounds or visual images or writings are capable of being 20
reproduced. 21
(3) Access may be given by giving the applicant a written transcript of 22
the words recorded or contained in the record if the record is one-- 23
(a) by which words are recorded in a way in which they are capable 24
of being reproduced in the form of sound; or 25
(b) in which words are contained in the form of shorthand writing or 26
in a codified form. 27
(4) Access may be given by giving the applicant a written document 28
containing the information if-- 29
(a) the record is not a written record; and 30
(b) the archivist or the responsible public authority could create a 31
written document containing the information in the record using 32
equipment that is usually available to it for retrieving or collating 33
electronically stored information. 34
s 21 15 s 21
Public Records Bill 2001
(5) If the applicant asks for access in a particular and reasonably 1
practical way, access must be given in that way. 2
(6) However, access may be given in another way decided by the 3
archivist if giving access to the record in the way requested by the 4
applicant-- 5
(a) would interfere unreasonably with the operations of the archives 6
or the responsible public authority; or 7
(b) would be detrimental to the preservation of the record; or 8
(c) would be inappropriate, having regard to the physical nature of 9
the record; or 10
(d) would involve an infringement of copyright of a person other 11
than the State. 12
(7) The archivist may-- 13
(a) impose reasonable conditions on access to a public record; and 14
(b) if access is given by way of a copy or transcript of a public 15
record--impose a reasonable charge for the copy or transcript. 16
(8) This section does not prevent the archivist giving access to a public 17
record in another form agreed to by the applicant. 18
PART 3--STATE ARCHIVIST AND QUEENSLAND 19
STATE ARCHIVES 20
Division 1--General 21
21 State archivist and Queensland State Archives 22
(1) There is to be a State Archivist. 23
(2) An office called the Queensland State Archives is established. 24
(3) The archives consists of the archivist and the staff of the archives. 25
s 22 16 s 24
Public Records Bill 2001
22 Appointment of archivist and staff 1
The archivist and staff of the archives are to be appointed and employed 2
under the Public Service Act 1996. 3
23 Control of the archives 4
Subject to the Minister and the chief executive, the archivist is to 5
control the archives.7 6
Division 2--Functions and powers 7
24 Functions of archivist 8
The archivist has the following functions-- 9
(a) to develop and promote efficient and effective methods, 10
procedures and systems for making, managing, keeping, storing, 11
disposing of, preserving and using public records; 12
(b) to identify public records of enduring value and require that they 13
be retained in a useable form, whether or not the records are in 14
the custody of the archives; 15
(c) to make decisions about the disposal of public records; 16
(d) to manage, keep and preserve records for public authorities and 17
other entities; 18
(e) to provide public access to public records; 19
(f) to conduct research and give advice about the making, managing, 20
keeping and preserving of public records; 21
(g) to perform another function given to the archivist under this or 22
another Act; 23
(h) to do anything else-- 24
(i) incidental, complementary or helpful to the archivist's other 25
functions; or 26
(ii) likely to enhance the effective and efficient performance of 27
the archivist's other functions. 28
7 See also section 27 (Independence in relation to disposal decisions).
s 25 17 s 27
Public Records Bill 2001
25 Powers of archivist 1
(1) The powers of the archivist include the following-- 2
(a) to establish and manage repositories and other facilities to store, 3
preserve, exhibit and make available for use public records and 4
other materials; 5
(b) to copy public records and other materials; 6
(c) to publish public records and other materials; 7
(d) to acquire records by purchase, gift, bequest or loan; 8
(e) to authorise the disposal of particular public records or classes of 9
public records; 10
(f) to make policy, standards and guidelines about the making, 11
keeping, preserving, managing and disposing of public records. 12
(2) This section does not limit the archivist's powers as a part of the 13
executive government of the State. 14
26 Archivist may authorise disposal of public records 15
(1) The archivist may authorise the disposal of particular public records 16
or classes of public records if the public authority that has control of the 17
records has applied for, or consented to, the disposal of the records. 18
(2) In authorising the disposal of the records, the archivist must have 19
regard to-- 20
(a) any relevant professional standards; and 21
(b) the purposes of this Act. 22
27 Independence in relation to disposal decisions 23
(1) The archivist and the staff of the archives are not subject to the 24
control or direction of a Minister or a department in relation to making 25
decisions about the disposal of public records. 26
(2) Subsection (1) has effect despite section 23.8 27
8 Section 23 (Control of the archives)
s 28 18 s 29
Public Records Bill 2001
28 Arrangements for storage of records outside archives 1
The archivist may make arrangements with public authorities and other 2
entities about the storage of public records in a place other than the 3
archives. 4
5
Examples of arrangements the archivist may make--
6
1. The archivist may make an arrangement with a public authority that the authority
7
will store its electronic records at its premises rather than the archives.
8
2. The archivist may make an arrangement with a public authority that creates its own
9
permanent archives that the authority may store its public records in the authority's
10
archives rather than the archives.
Division 3--Public Records Review Committee 11
Subdivision 1--Establishment 12
29 Public Records Review Committee 13
(1) The Minister must establish a Public Records Review Committee. 14
(2) The committee has the following functions-- 15
(a) to advise the archivist and the Minister about issues affecting the 16
administration or enforcement of this Act; 17
(b) to decide disputes referred to the committee under section 19(2); 18
(c) to review decisions of the archivist not to authorise the disposal 19
of particular public records or classes of public records. 20
(3) The committee is to consist of the following members-- 21
(a) 1 person nominated by the Minister who administers the Local 22
Government Act 1993; 23
(b) 1 person nominated by the Chief Justice; 24
(c) 1 person nominated by the Minister who administers the Public 25
Service Act 1996; 26
(d) 1 person, nominated by the Minister, who has knowledge of, and 27
experience in, the management of information and records; 28
(e) 5 persons who have knowledge of, and experience in, any area 29
considered by the Minister to be relevant to the functions of the 30
committee. 31
s 30 19 s 34
Public Records Bill 2001
(4) A committee member may be paid the remuneration and allowances 1
decided by the Governor in Council. 2
30 Chairperson 3
The committee's chairperson is the committee member appointed by the 4
Minister as chairperson. 5
31 Term of office for committee members 6
A committee member is appointed for the term, of not more than 3 years, 7
decided by the Minister and stated in the member's instrument of 8
appointment. 9
32 Resignation 10
(1) A committee member may resign from office as a member by signed 11
notice of resignation given to the Minister. 12
(2) The committee's chairperson may resign from office as chairperson 13
by signed notice of resignation given to the Minister. 14
Subdivision 2--Committee proceedings 15
33 Time and place of meetings 16
(1) Meetings of the committee are to be held at the times and places it 17
decides. 18
(2) The committee's chairperson-- 19
(a) may call a committee meeting at any time; and 20
(b) must call a meeting if asked by at least 5 members of the 21
committee. 22
34 Conduct of proceedings 23
(1) The committee's chairperson must preside at all meetings at which 24
the chairperson is present. 25
s 35 20 s 38
Public Records Bill 2001
(2) If the chairperson is absent, the committee member chosen by the 1
members present must preside. 2
(3) At a committee meeting-- 3
(a) a quorum is 5 members; and 4
(b) a question is decided by a majority of the votes of the members 5
present and voting; and 6
(c) each member present has a vote on each question to be decided 7
and, if the votes are equal, the chairperson has a casting vote. 8
(4) Unless otherwise prescribed under a regulation, the committee may 9
conduct its proceedings, including its meetings, as it considers appropriate. 10
35 Participation in meetings by telephone etc. 11
(1) The committee may hold meetings, or allow members to take part in 12
meetings, by using any technology allowing reasonably contemporaneous 13
and continuous communication between members taking part in the 14
meeting. 15
(2) A member who takes part in a meeting under subsection (1) is taken 16
to be present at the meeting. 17
36 Minutes 18
The committee must keep minutes of its proceedings. 19
37 Committee member's duty about committee's deliberations 20
(1) A committee member has a duty not to publicly disclose any part of 21
the committee's deliberations. 22
(2) Subsection (1) does not prevent the committee publishing its 23
decisions. 24
38 Archivist may attend committee meetings 25
(1) Subject to subsection (2), the archivist may attend and take part in a 26
committee meeting but must not take part in a decision of the committee. 27
(2) The archivist must not be present during the part of a committee 28
meeting at which the committee is deciding-- 29
s 39 21 s 41
Public Records Bill 2001
(a) a dispute referred to the committee under section 19(2); or 1
(b) an application made to the committee under section 39. 2
Subdivision 3--Committee's review of archivist's decisions 3
39 Application for review of archivist's decision about disposal 4
(1) A public authority may make written application to the committee 5
for a review of a decision made by the archivist refusing to authorise the 6
disposal of particular public records or classes of public records. 7
(2) The application for review must be made to the committee within 14 8
days after the public authority is notified of the archivist's decision or, if 9
the committee allows a further period in which to make the application, the 10
further period. 11
(3) On receiving the application, the committee must give written notice 12
of it to the archivist. 13
40 Archivist to provide reasons 14
Within the period stated in the committee's notice, the archivist must 15
give the committee written reasons for refusing to authorise the disposal of 16
the particular public records or classes of public records. 17
41 Decision by committee 18
(1) After reviewing the archivist's decision, the committee may-- 19
(a) confirm or amend the decision; or 20
(b) revoke the decision and substitute a new decision. 21
(2) The committee's decision is taken to be a decision of the archivist. 22
(3) However, a decision mentioned in subsection (2) can not be 23
reviewed under section 39.9 24
9 Section 39 (Application for review of archivist's decision about disposal)
s 42 22 s 44
Public Records Bill 2001
Division 4--Miscellaneous 1
42 Delegation 2
(1) The archivist may delegate the archivist's powers under this Act to-- 3
(a) an appropriately qualified member of the staff of the archives; or 4
(b) an appropriately qualified officer or employee of a public 5
authority. 6
(2) In subsection (1)-- 7
"appropriately qualified", for a member of the staff of the archives or an 8
officer or employee of a public authority, includes having the 9
qualifications, experience or standing appropriate to exercise the 10
power. 11
12
Example of `standing'--
13
The person's classification level in the archives or the public authority.
PART 4--POWERS OF ENFORCEMENT 14
Division 1--Authorised officers 15
43 Appointment of authorised officer 16
The archivist may appoint a member of the staff of the archives as an 17
authorised officer. 18
44 Identity card 19
(1) The archivist must give each authorised officer an identity card and 20
may issue an identity card to himself or herself. 21
(2) The identity card must-- 22
(a) contain a recent photograph of the authorised officer; and 23
(b) be signed by the officer; and 24
(c) identify the person as an authorised officer for this Act; and 25
s 45 23 s 46
Public Records Bill 2001
(d) include an expiry date. 1
(3) A person who ceases to be an authorised officer must return the 2
person's identity card to the archivist as soon as practicable (but within 3
21 days) after the person ceases to be an authorised officer, unless the 4
person has a reasonable excuse. 5
Maximum penalty for subsection (3)--10 penalty units. 6
45 Production or display of authorised officer's identity card 7
(1) An authorised officer may exercise a power in relation to someone 8
else only if-- 9
(a) the authorised officer first produces his or her identity card for 10
the person's inspection; or 11
(b) the authorised officer has the officer's identity card displayed so 12
it is clearly visible to the other person. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1) before exercising the power, the authorised officer must 15
produce the identity card for inspection by the person as soon as it is 16
practicable. 17
Division 2--General powers 18
46 Power of entry and inspection 19
(1) For the administration and enforcement of this Act, an authorised 20
officer is entitled to full and free access, at all reasonable times after giving 21
the public authority reasonable notice of the intended access, to all public 22
records in a public authority's possession. 23
(2) Without limiting subsection (1), an authorised officer may-- 24
(a) enter a public authority's premises; and 25
(b) examine the public authority's procedures for the making, 26
management, keeping and preservation of its public records; and 27
(c) examine the public authority's records. 28
s 47 24 s 48
Public Records Bill 2001
47 Public authority to comply with request 1
(1) An officer or employee of a public authority who is responsible for 2
the management of the authority's records must, if asked by an authorised 3
officer-- 4
(a) produce the authority's records, or a particular type or sample of 5
records, for the officer's inspection; and 6
(b) give the officer access to the authority's records, or a particular 7
type or sample of records in the reasonable way requested by the 8
officer; and 9
(c) allow the officer to examine the authority's systems for making, 10
keeping and preserving records. 11
(2) However, an authorised officer may exercise powers under this part 12
in relation to-- 13
(a) the Governor's official residence or a court only by agreement 14
with the Governor's secretary or the registrar or proper officer of 15
the court; or 16
(b) a Ministerial office only after giving the Minister reasonable 17
notice of the intended exercise of the powers. 18
(3) A person mentioned in subsection (2)(a) or (b) must not 19
unreasonably withhold agreement. 20
(4) In this section-- 21
"Ministerial office" means an office, other than an office that is part of the 22
Minister's residence, normally used by the Minister in administering 23
the Minister's portfolio. 24
48 Obstruction of authorised officer 25
A person must not obstruct an authorised officer in the exercise of a 26
power under this part, unless the person has a reasonable excuse. 27
Maximum penalty--100 penalty units. 28
s 49 25 s 50
Public Records Bill 2001
Division 3--Specific powers 1
49 Recovery of public records 2
(1) This section applies if the archivist believes, on reasonable grounds, 3
that a person is in unlawful possession of public records, including records 4
to which an agreement under section 50 applies. 5
(2) The archivist may, by written notice given to the person, require the 6
person to give the records to the archivist or someone else stated in the 7
notice within the reasonable time stated in the notice. 8
(3) The person must comply with the notice, unless the person has a 9
reasonable excuse. 10
Maximum penalty--40 penalty units. 11
(4) Also, if the person does not comply with the notice, the archivist may 12
apply to a Magistrates Court for an order directing the person to comply 13
with the notice. 14
(5) If the Magistrates Court is satisfied the person is in unlawful 15
possession of public records, the court may order the person to give the 16
records to the archivist. 17
(6) The order is declared to be an order of the court for the Magistrates 18
Courts Act 1921, section 50.10 19
50 Reciprocal agreements 20
(1) The archivist may enter into an agreement with an entity (the 21
"reciprocating entity") with corresponding functions under a law of 22
another State or the Commonwealth (the "reciprocating jurisdiction"). 23
(2) The agreement may provide for-- 24
(a) the archivist to take action in Queensland to recover public 25
records of the reciprocating jurisdiction and give them to the 26
reciprocating entity; and 27
(b) the reciprocating entity to take action in the reciprocating 28
jurisdiction to recover public records of Queensland and give 29
them to the archives. 30
10 Magistrates Courts Act 1921, section 50 (Contempt)
s 51 26 s 52
Public Records Bill 2001
PART 5--MISCELLANEOUS 1
51 Secrecy provisions in other laws 2
(1) If another Act prohibits the disclosure of a matter contained in a 3
public record or restricts access to a public record, the archivist and the 4
staff of the archives must not disclose a matter in the public record or 5
otherwise give access to the record, other than to the extent necessary to 6
perform their official duties. 7
(2) However, subsection (1) does not apply to a public record, or a 8
matter contained in a public record, if-- 9
(a) the restricted access period for the record has ended under this 10
Act or access to the record is allowed under section 18(2); and 11
(b) access to the record is not restricted under a regulation under 12
section 18(4) or (5).11 13
(3) For subsection (1)-- 14
"official duties", of the archivist and the staff of the archives, do not 15
include allowing access to public records under section 18. 16
52 Application of Act to certain of Governor's records 17
(1) The following are not public records-- 18
(a) records that are correspondence between the Governor and the 19
Sovereign; 20
(b) records that are correspondence between the Governor and the 21
Governor-General; 22
(c) records that are correspondence between the Governor and the 23
Governor of another State. 24
(2) However, the Governor may agree that a particular record of a type 25
mentioned in subsection (1) is a public record. 26
11 Section 18 (Public access to public records)
s 53 27 s 56
Public Records Bill 2001
53 Protection against actions for defamation or breach of confidence 1
(1) This section applies if access is given to a public record under this 2
Act. 3
(2) No action for defamation or breach of confidence lies against-- 4
(a) the State or an official because of the giving of the access; or 5
(b) the author of the public record or another person because the 6
author or other person supplied the record to a public authority or 7
the archives. 8
54 Protection from civil liability 9
(1) An official does not incur civil liability for an act done, or omission 10
made, honestly and without negligence under this Act. 11
(2) If subsection (1) prevents a civil liability attaching to the official, the 12
liability attaches instead to the State. 13
55 Evidence in legal proceedings 14
(1) This section applies if-- 15
(a) a public record, or information in a public record, is admissible 16
in evidence in a legal proceeding on its production from proper 17
custody; and 18
(b) the public record is in the custody of the archives. 19
(2) If the archives produces the public record, or a copy of or extract 20
from the public record, it is taken to have been produced from proper 21
custody. 22
(3) The archivist, or a member of the staff of the archives authorised by 23
the archivist, may give a certificate about the origin, history, nature or 24
contents of a public record in the custody of the archives. 25
(4) The certificate is admissible in evidence in a legal proceeding as 26
evidence of the matters stated in the certificate. 27
56 Annual report 28
(1) Within 4 months after the end of each financial year, the archivist 29
must give to the Minister a report on the administration of this Act during 30
the year. 31
s 57 28 s 59
Public Records Bill 2001
(2) Without limiting subsection (1), the report may include details of the 1
extent to which public authorities are complying with the Act, including, 2
for example, instances of noncompliance, if any, and measures taken, or 3
the archivist recommends be taken, to prevent, or reduce, noncompliance 4
with the Act. 5
(3) The Minister must table a copy of the report in the Legislative 6
Assembly within 14 sitting days after the Minister receives it. 7
57 Regulation-making power 8
The Governor in Council may make regulations under this Act. 9
58 Libraries and Archives Act 1988 references 10
In an Act or document, a reference (whether express or implied) to the 11
Libraries and Archives Act 1988 or a provision of the Act that was repealed 12
by, and remade as a provision of, this Act may, if the context permits, be 13
taken to be a reference to this Act or the provision of this Act, as the case 14
requires. 15
PART 6--TRANSITIONAL AND CONSEQUENTIAL 16
PROVISIONS 17
59 State archivist to continue in position 18
(1) This section applies to a person who, immediately before the 19
commencement of this part, was the State Archivist under the Libraries 20
and Archives Act 1988. 21
(2) On the commencement, the person is taken to be the archivist under 22
this Act. 23
s 60 29 s 61
Public Records Bill 2001
60 Notice for recovery of public records 1
A notice given to a person under the Libraries and Archives Act 1988, 2
section 62(1),12 and in force immediately before the commencement of this 3
part, is taken to be a notice given under section 49.13 4
61 Existing notices about access to public records 5
(1) This section applies to a notice (the "original notice") given about a 6
public record under the Libraries and Archives Regulation 1990, 7
section 23,14 and in force immediately before the commencement of this 8
part. 9
(2) The original notice is taken to be a notice given, under a following 10
provision, to the archivist by the responsible public authority for the 11
record-- 12
(a) if the notice prohibits or restricts access to the record for a 13
period--section 16;15 or 14
(b) if the notice imposes conditions on access to the 15
record--section 18(2)(b)(ii).16 16
(3) If the period stated in an original notice mentioned in 17
subsection (2)(a) is not longer than the restricted access period for the 18
record, the period stated applies, unless changed under section 18 or 19,17 19
as if it were the restricted access period. 20
(4) If the period stated in an original notice mentioned in 21
subsection (2)(a) is longer than the restricted access period for the record, 22
the period stated applies for 1 year after the commencement and unless 23
changed under section 18 or 19 as if it were the restricted access period. 24
12 Libraries and Archives Act 1988, section 62 (Recovery of public records improperly
held)
13 Section 49 (Recovery of public records)
14 Libraries and Archives Regulation 1990, section 23 (Conditions imposed by the
Chief Officer of a public authority)
15 Section 16 (Meaning of "restricted access period")
16 Section 18 (Public access to records)
17 Section 19 (Reviewing and changing responsible public authority's notice about
access)
s 62 30 s 63
Public Records Bill 2001
(5) If subsection (4) applies, the responsible public authority for the 1
record must, within 1 year after the commencement, give the archivist a 2
notice under section 16 or 18(2)(b) for the record. 3
(6) For a notice mentioned in subsection (5) and given under section 16, 4
the record for which the notice is given is taken to have been given to the 5
archives when the notice is given to the archivist. 6
(7) On the giving of a notice mentioned in subsection (5) for a record, 7
the original notice mentioned in subsection (4) for the record ceases to have 8
effect. 9
62 Acts amended 10
Schedule 1 amends the Acts mentioned in it. 11
PART 7--VALIDATION PROVISION 12
63 Validation of certain actions 13
(1) This section applies to an act done before the commencement of this 14
section by a person acting, or purporting to act, as the State Archivist under 15
the Libraries and Archives Act 1988. 16
(2) The act is taken to have been, and always to have been, as valid as it 17
would have been if it were an act done by the State Archivist under that 18
Act. 19
20
31
Public Records Bill 2001
SCHEDULE 1 1
AMENDMENTS 2
section 62 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 2001'. 8
BUSINESS NAMES ACT 1962 9
1 Section 25(2), `Libraries and Archives Act 1988'-- 10
omit, insert-- 11
`Public Records Act 2001'. 12
COOPERATIVES ACT 1997 13
1 Section 439, `Libraries and Archives Act 1988'-- 14
omit, insert-- 15
`Public Records Act 2001'. 16
32
Public Records Bill 2001
SCHEDULE 1 (continued)
CRIME COMMISSION ACT 1997 1
1 Section 81, `Libraries and Archives Act 1988'-- 2
omit, insert-- 3
`Public Records Act 2001'. 4
CRIMINAL LAW (REHABILITATION OF OFFENDERS) 5
ACT 1986 6
1 Section 7(1)(d), `prescribed by or under the Libraries and Archives 7
Act 1988'-- 8
omit, insert-- 9
`under the Public Records Act 2001'. 10
EDUCATION (GENERAL PROVISIONS) ACT 1989 11
1 Section 68, heading-- 12
omit, insert-- 13
`68 Public Records Act 2001'. 14
2 Section 68, `Libraries and Archives Act 1988'-- 15
omit, insert-- 16
`Public Records Act 2001'. 17
33
Public Records Bill 2001
SCHEDULE 1 (continued)
ELECTRICITY AMENDMENT ACT (No. 3) 1997 1
1 Section 33, to the extent it inserts new section 64R(d)-- 2
omit. 3
EVIDENCE ACT 1977 4
1 Section 129-- 5
omit, insert-- 6
`129 Public Records Act 2001 not affected 7
`This part does not affect the Public Records Act 2001.'. 8
9
FREEDOM OF INFORMATION ACT 1992 10
1 Section 17, heading-- 11
omit, insert-- 12
`17 Operation of Public Records Act 2001'. 13
2 Section 17, `Libraries and Archives Act 1988'-- 14
omit, insert-- 15
`Public Records Act 2001'. 16
34
Public Records Bill 2001
SCHEDULE 1 (continued)
3 Section 22(c), `in the Queensland State Archives or'-- 1
omit, insert-- 2
`under the Public Records Act 2001 or in'. 3
4 Section 24(1)(b), `in the Queensland State Archives'-- 4
omit, insert-- 5
`under the Public Records Act 2001'. 6
5 Section 24(2), `Libraries and Archives Act 1988 (whether before or 7
after the commencement of this part)'-- 8
omit, insert-- 9
`Libraries Act 1988 (whether before or after the commencement of this 10
part) or the Public Records Act 2001'. 11
6 Section 30(6), `20'-- 12
omit, insert-- 13
`25'. 14
GLADSTONE POWER STATION AGREEMENT 15
ACT 1993 16
1 Section 28, `Libraries and Archives Act 1988'-- 17
omit, insert-- 18
`Public Records Act 2001'. 19
35
Public Records Bill 2001
SCHEDULE 1 (continued)
LAND ACT 1994 1
1 Section 315(5), `Libraries and Archives Act 1988'-- 2
omit, insert-- 3
`Public Records Act 2001'. 4
LAND TITLE ACT 1994 5
1 Section 166(5), `Libraries and Archives Act 1988'-- 6
omit, insert-- 7
`Public Records Act 2001'. 8
LIBRARIES AND ARCHIVES ACT 1988 9
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
`1 Short title 16
`This Act may be cited as the Libraries Act 1988.'. 17
3 Section 2, definition "public authority"-- 18
omit. 19
36
Public Records Bill 2001
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
`89A Libraries and Archives Act 1988 references 13
`In an Act or document, a reference (whether express or implied) to this 14
Act or a provision of this Act that was not repealed by the Public Records 15
Act 2001 may, if the context permits, be taken to be a reference to this Act 16
or the provision of this Act, as the case requires.'. 17
MEAT INDUSTRY ACT 1993 18
1 Section 46(1)(d)-- 19
omit. 20
37
Public Records Bill 2001
SCHEDULE 1 (continued)
2 Section 160(1)(d), `Libraries and Archives Act 1988'-- 1
omit, insert-- 2
`Public Records Act 2001'. 3
QUEENSLAND COMPETITION AUTHORITY ACT 1997 4
1 Section 229(d)-- 5
omit. 6
SCHOOLS OF ARTS (WINDING UP AND TRANSFER) 7
ACT 1960 8
1 Section 2, `Libraries and Archives Act 1988' 9
omit, insert-- 10
`Libraries Act 1988'. 11
SUGAR INDUSTRY ACT 1999 12
1 Section 120(3), `Public Records Act 2000'-- 13
omit, insert-- 14
`Public Records Act 2001'. 15
38
Public Records Bill 2001
SCHEDULE 1 (continued)
2 Section 250(b), `Libraries and Archives Act 1988'-- 1
omit, insert-- 2
`Public Records Act 2001'. 3
39
Public Records Bill 2001
SCHEDULE 2 1
DICTIONARY 2
section 4 3
"archives" means-- 4
(a) the Queensland State Archives established under section 21(2); 5
or 6
(b) a repository or facility mentioned in section 25(1)(a). 7
"archivist" means the State Archivist established under section 21(1). 8
"authorised officer" means-- 9
(a) the archivist; or 10
(b) a person who is appointed under section 43 as an authorised 11
officer. 12
"committee" means the Public Records Review Committee established 13
under section 29(1). 14
"disposal", of a record, includes-- 15
(a) destroying or damaging the record, or part of it; or 16
(b) abandoning, transferring, donating, giving away or selling the 17
record, or part of it. 18
"FOI Act" means the Freedom of Information Act 1992. 19
"Ministerial record" means a record created or received by a Minister in 20
the course of carrying out the Minister's portfolio responsibilities but 21
does not include-- 22
(a) a record related to the Minister's personal or party political 23
activities; or 24
(b) a record the Minister holds in the Minister's capacity as a 25
member of the Legislative Assembly. 26
"official" means the archivist or a member of the staff of the archives. 27
"parliamentary service" means the parliamentary service as defined 28
under the Parliamentary Service Act 1988, section 4. 29
40
Public Records Bill 2001
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) a Minister; or 5
(d) the registrar or other officer of a court dealing with official 6
records of the court; or 7
(e) a commission of inquiry under the Commissions of Inquiry Act 8
1950; or 9
(f) an entity, other than the parliamentary service, that-- 10
(i) is established by an Act; or 11
(ii) is created by the Governor in Council or a Minister; or 12
(g) a GOC; or 13
(h) a department; or 14
(i) an entity established by the State and a local government; or 15
(j) a local government; or 16
(k) an entity declared under a regulation to be a public authority for 17
this Act. 18
"public record" see section 6(1). 19
"record" means recorded information created or received by an entity in 20
the transaction of business or the conduct of affairs that provides 21
evidence 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, including persons 25
qualified to interpret 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
41
Public Records Bill 2001
SCHEDULE 2 (continued)
"responsible public authority", for a public record, see section 15. 1
"restricted access period", for a public record, see section 16. 2
3
© State of Queensland 2001
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