Western Australian Current Acts

STATE RECORDS ACT 2000

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Authorised applicant, meaning of
            
   5.      Act binds Crown
            
   6.      Application of Act to records created or received before commencement
            
   7.      Application of Act to State organizations
            
   8.      Application of Act to former government organizations
            
   9.      Relationship of this Act with other enactments
            
   10.     Individual 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 Commission
            
   63.     Facilities and services for 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