Queensland Numbered Acts

PUBLIC RECORDS ACT 2023

- As at 4 December 2023
- Act 33 of 2023

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Main purpose of Act
   4.      Principles for administering Act
   5.      Act binds all persons
   6.      Relationship with other Acts

           Division 2 - Interpretation

   7.      Definitions
   8.      What is a public authority
   9.      What is a public record
   10.     What is a Ministerial record

   PART 2 - PUBLIC RECORD REQUIREMENTS

           Division 1 - Preliminary

   11.     Requirements for particular public authorities
   12.     Compliance with standards and regard for policies and guidelines
   13.     Ownership of public records

           Division 2 - Making and managing public records

   14.     Making and keeping public records
   15.     Safe keeping and preservation of public records
   16.     Control of public records when public authority changes
   17.     Control of public records when public authority ends
   18.     Control of public records when Minister or Assistant Minister ends office or responsibilities
   19.     Accessibility of public records
   20.     Archivist may authorise disposal of public records

           Division 3 - Protecting public records

   21.     Notifying archives about particular public records
   22.     Offence to damage particular public records
   23.     Unlawful disposal of public records
   24.     Protection notice for public records

           Division 4 - Giving custody of public records to archives

              Subdivision 1 - Giving custody

   25.     Public records that may be given to archives
   26.     Archives may take custody of particular public records
   27.     Retention of public records of permanent value

              Subdivision 2 - Working out access for public records

   28.     Restricted access notice and restricted access period
   29.     Working out period for regulated record
   30.     Working out period for restricted information
   31.     When restricted access period has effect
   32.     Reviewing and replacing restricted access notice

   PART 3 - ACCESSING PUBLIC RECORDS IN CUSTODY OF ARCHIVES

           Division 1 - Preliminary

   33.     Application of part

           Division 2 - Access to open records

   34.     Open records available to public

           Division 3 - Access to restricted records

   35.     Application of division
   36.     Application for access to restricted record
   37.     Giving access to restricted record
   38.     Responsible public authority approving access

           Division 4 - Other restrictions on access

   39.     Refusal if access not practicable
   40.     Refusal in prescribed circumstances
   41.     Forms of access

   PART 4 - STATE ARCHIVES

           Division 1 - Archives

   42.     State Archivist and Queensland State Archives
   43.     Control of archives and repository

           Division 2 - Archivist’s functions and powers

   44.     Functions of archivist
   45.     Specific powers of archivist
   46.     Making standards, policies and guidelines
   47.     Making archives appraisal statement
   48.     Arrangements for storage outside archives repository
   49.     Delegation

           Division 3 - Public Records Review Committee

              Subdivision 1 - Establishment

   50.     Public Records Review Committee
   51.     Functions of committee
   52.     Chairperson
   53.     Term of office
   54.     Resignation

              Subdivision 2 - Committee proceedings

   55.     Time and place of meetings
   56.     Conduct of proceedings
   57.     Participation in meetings using technology
   58.     Minutes
   59.     Committee member’s duty about deliberations
   60.     Restrictions on archivist’s attendance at committee meetings

              Subdivision 3 - Committee’s review of archivist’s decisions

   61.     Application for review of disposal decision
   62.     Archivist to provide reasons
   63.     Decision by committee

           Division 4 - First Nations Advisory Group

   64.     Establishment and functions
   65.     Membership
   66.     Business

   PART 5 - MONITORING AND ENFORCEMENT

           Division 1 - General provisions about authorised officers

   67.     Authorised officers under part
   68.     Functions of authorised officer

           Division 2 - Appointment of authorised officers

   69.     Archivist is an authorised officer
   70.     Appointment
   71.     Appointment conditions and limit on powers
   72.     When office ends
   73.     Resignation

           Division 3 - Identity cards

   74.     Issue of identity card
   75.     Production or display of identity card
   76.     Return of identity card

           Division 4 - General powers

   77.     Power of entry and inspection
   78.     Public authority to comply with request
   79.     Restriction on exercise of powers for particular premises

           Division 5 - Specific powers

   80.     Notice to report
   81.     Recovery of public records
   82.     Reciprocal agreements

           Division 6 - Proceedings

   83.     Proceedings for damage and disposal offences

   PART 6 - MISCELLANEOUS

   84.     Assault of person performing function or exercising power
   85.     Obstruction of person performing function or exercising power
   86.     Confidentiality
   87.     Protection against actions for defamation or breach of confidence
   88.     Evidence in legal proceedings
   89.     Annual report
   90.     Regulation-making power

   PART 7 - REPEAL

   91.     Repeal

   PART 8 - TRANSITIONAL PROVISIONS

           Division 1 - Preliminary

   92.     Definitions for part

           Division 2 - Responsible public authorities and existing public records

   93.     Public authorities prescribed before commencement
   94.     Responsible public authority for particular health records
   95.     Existing public records and restricted access periods

           Division 3 - Officials

   96.     Archivist to continue in position
   97.     Existing committee members continue for term of appointment
   98.     Existing authorised officers

           Division 4 - Continued applications and proceedings

   99.     Existing access and review applications
   100.    Existing recovery notice and proceedings

           Division 5 - Miscellaneous

   101.    Particular list details not required
   102.    Disposal authority continues
   103.    Existing reciprocal agreements
   104.    References to repealed Act

   PART 9 - AMENDMENT OF THIS ACT

   105.    Act amended
   106.    Amendment of long title

   PART 10 - AMENDMENT OF LEGISLATION

   107.    Legislation amended
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5