Queensland PUBLIC RECORDS BILL 1999 PUBLIC RECORDS BILL 1999 TABLE OF PROVISIONS Section Page an & WN 11131618 PART 1—PRELIMINARY Short title 2.0... eee eee 6 Commencement... 0.0.0... 6c cece eee eee 6 PULPOSES ©... eee eens 6 Definitions 2.2.0.0... cece eee 6 Act binds all persons .. 0.6... eee 6 PART 2—PUBLIC RECORDS Division 1—Preliminary What is a public record... 2... 6... tees 7 Division 2—Making, managing, keeping and preserving public records Making and keeping of public records ............-.. 000 cee eeee eee eee 7 Custody and preservation of public records ...............0 0 eee eee eee 8 Ownership of public records .......... 6... e cece eee eee ee 8 Public records more than 25 years old. ... 2.6... eee eee eee eee 9 Transfer of other public records to archives ............. 0000 cece eee ee 9 Special protection of public records over 30 years old................. 10 Disposal of public records... 2.2.6.6... cece cece eee eee eee 10 Public authority must ensure particular records remain accessible ....... 10 Division 3—Access to public records Meaning of responsible public authority ................00....00000. 11 Meaning of restricted access period. ................ 00.00 e eee eee 11 Application for access to public records .............. 0.000.000 0000 12 Public access to public records ..........0... 00.00 eee eee 12 Public Records 19 Forms of access... 2... eee eee 13 PART 3—STATE ARCHIVIST AND QUEENSLAND STATE ARCHIVES Division 1—General 20 State archivist and Queensland State Archives ...................04. 14 21 Appointment of archivist ........ 0.000... eee eee eee 15 22 Terms and conditions of appointment ................0.0....000000. 15 23 Resignation ...... 0... eee eee 15 24 Termination of appointment ................ 0.000 15 25 Preservation of rights ....... 0.0.0... eee eee eee 16 26 Superannuation for archivist who was previously an officer of the public service... 6... cette eens 16 27 Acting archivist 2.0... 6.00. c cece cnet nett eeeee 16 28 Archives staff... 0... eee eee eee 17 29 Control of archives ......... 0... eee eee ee 17 Division 2—Functions and powers 30 Functions of archivist ....... 0.0... eee eee 17 31 Powers of archivist... 0.0.0.2 18 32 Archivist may authorise disposal of public records ................-4-5 18 33 Independence in relation to disposal decisions ..............--.000005 19 34 Arrangements for storage of records outside archives ................-- 19 Division 3—State Archives Board 35 State Archives Board... 2.0.0... eee eee 19 36 Application for review of archivist's decision about disposal ........... 20 37 Archivist to provide reasons .......... 6 cece cece ee eee eens 20 38 Decision by board ......... 6... cece eee eens 21 Division 4—Miscellaneous 39 Delegation 2.0... 6... cece ete eet eee eens 21 PART 4—POWERS OF ENFORCEMENT Division 1—Authorised officers 40 Appointment of authorised officer ......... 0.00. c cece eee eee 22 41 Identity card... ee eee eee 22 42 Production or display of authorised officer's identity card.............. 22 Public Records 4447 49515355 57 Division 2—General powers Power of entry and inspection .............. 0.00000 c eee eee ee eee Public authority to comply with request ................000..0000002 Obstruction of authorised officer ..... 6... eee Division 3—Specific powers Recovery of public records ........ 0.0.00. Reciprocal agreements .......... 000.000 PART 5—MISCELLANEOUS Secrecy provisions in other laws ............0....0 0000 eee eee eee Application of Act to certain of Governor's records................... Protection against actions for defamation or breach of confidence....... Protection from civil liability............0....0..00 0.00022. e eee Evidence in legal proceedings ................ 0.00 e cece eee eee Annual report 2.0.0... eee eee Regulation-making power.... 2.0.0.0... eee eee Libraries and Archives Act 1988 references ............ 00000 e eee eee PART 6—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS State archivist to continue in position. ...............0..00..00.0000, Notice for recovery of public records ............0...00 00.0002 c eee Acts amended... 0... eect eee n nee SCHEDULE 1 ........................ AMENDMENTS AGRICULTURAL AND VETERINARY CHEMICALS (QUEENSLAND) ACT 1994 00000... 0c cece cece cece ec eee cece sees AMBULANCE SERVICE ACT 1991... 2... eee ee BUSINESS NAMES ACT 1962 ........00... 000000 c cece eee eee eee CITY OF BRISBANE MARKET ACT 1960 .............02....0005. COOPERATIVES ACT 1997 1.2.0... eee CRIME COMMISSION ACT 1997 1.2.0.0... eee eee CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 ... EDUCATION (GENERAL PROVISIONS) ACT 1989 ..............0.. ELECTRICITY ACT 1994 .. 0.0... ee eee eee Public Records EVIDENCE ACT 1977 1.2.0.0... cece ccc e eee eens 31 FIRE AND RESCUE AUTHORITY ACT 1990 ................00-04- 32 FISHERIES ACT 1994 1.00... eee cece ene ene 32 FREEDOM OF INFORMATION ACT 1992 ...........0 0.00 e ee eee 32 GLADSTONE POWER STATION AGREEMENT ACT 1993 .......... 33 GRAIN INDUSTRY (RESTRUCTURING) ACT 1991 ................ 33 LAND ACT 1994 2... eee cee e tenn eee eee 34 LAND TITLE ACT 1994 1... ee cece nee eens 34 LIBRARIES AND ARCHIVES ACT 1988 .......... 2.00.00. e ee eee eee 34 MEAT INDUSTRY ACT 1993 1.1.0.2... 0. cece eee nee 35 POLICE POWERS AND RESPONSIBILITIES ACT 1997 ............. 36 QUEENSLAND COMPETITION AUTHORITY ACT 1997 ............. 36 SCHOOL OF ARTS (WINDING UP AND TRANSFER) ACT 1960 ..... 36 SUGAR INDUSTRY ACT 1991 1.0... eee eee eee 37 SCHEDULE 2 ....................20.. 38 DICTIONARY A BILL FOR An Act about making, managing, keeping and preserving public records in Queensland, and for other purposes sl 6 s5 Public Records The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Public Records Act 1999. Commencement 2. This Act commences on a day to be fixed by proclamation. Purposes 3. The main purposes of this Act are to ensure— (a) the public records of Queensland are made, managed, kept and, if appropriate, preserved in a useable form for the benefit of present and future generations; and (b) public access to records under this Act is consistent with the principles of the Freedom of Information Act 1992. Definitions 4. The dictionary in schedule 2 defines particular words used in this Act. Act binds the State 5. This Act binds the State. 11 13 15 17 $6 7 s7 Public Records PART 2—PUBLIC RECORDS Division 1—Preliminary What is a public record 6.(1) A "public record" is— (a) a record made for use by, or a purpose of, a public authority, other than a Minister; or (b) a record received or kept by a public authority, other than a Minister, in the exercise of its statutory, administrative or other public responsibilities or for a related purpose; or (c) a Ministerial record. (2) A public record includes— (a) acopy ofa public record; and (b) apart ofa public record, or a copy of a part of a public record. Division 2—Making, managing, keeping and preserving public records Making and keeping of public records 7.(1) A public authority must— (a) make and keep full and accurate records of its activities; and (b) take all reasonable steps to comply with any relevant policy and standards set, or guidelines issued, by the archivist about the making and keeping of public records. (2) The executive officer of a public authority must ensure the public authority complies with subsection (1). (3) In this section— "executive officer", of a public authority, means— (a) if the public authority is a department—the chief executive of the department; or CoN DAN fF WwW 1113 161922 24 26 s8 8 s9 Public Records (b) (c) if the public authority is a local government—the chief executive of the local government; or if the public authority is not an authority mentioned in paragraphs (a) and (b)—a person (whatever the person's position is called) who is— (i) amember of the governing body of the public authority; or (11) concerned with, or takes part in, the public authority's management. Custody and preservation of public records 8.(1) A public authority is responsible for ensuring the safe custody and preservation of records in its possession. (2) Without limiting subsection (1), an arrangement between a public authority and another person for the person to have custody o a record of the public authority must include arrangements for the safe keeping, proper preservation and return of the record. (3) Ifa public authority ceases to exist, the records of the public authority must be— (a) (b) (c) if the functions of the public authority are to be carried out by another public authority—given to the other public authority; or if the functions of the public authority are not to be carried out by another public authority—given to the public authority that is the relevant public authority under a regulation; or in any other case—given to the archives or disposed of in accordance with a decision of the archivist or the board. (4) If a function or power of a public authority (the "original public authority") is transferred to another public authority, the records of the original public authority relating to the function or power must be given to the other public authority. Ownership of public records 9.(1) If a public record is a record of the State or a State instrumentality, ownership of the record vests in the State. oN DH NABPWwW Ne 11 1315 17 19 2124 2628 31 s10 9 sll Public Records (2) Ownership of public records of another public authority vests in— (a) if the records are in the authority's possession—the authority; or (b) in any other case—the State. (3) In this section— "State instrumentality" means a public authority other than a local government. Public records more than 25 years old 10.(1) If a public record in a public authority's possession is more than 25 years old, the authority must give written notice of the record's existence to the archivist, unless excused under a regulation. (2) The archivist may take possession of the record or give directions about the storage of the record. (3) A public record in the custody of the archives that is more than 25 years old may be removed from the archives only if the archivist is satisfied— (a) the record is reasonably needed by the public authority; or (b) there is another adequate reason for allowing it to be removed. (4) This section does not prevent the disposal of a public record by, or under an authority given by, the archivist. Transfer of other public records to archives 11.(1) This section applies to public records that are 25 years old or less. (2) If a public authority no longer needs a public record to be readily available in its own custody, it may give the record to the archives. (3) The archivist must ensure all public records given to the archives by a public authority are made available as reasonably needed by the public authority. Daun fF WwW NY 12 1417 19 21 23 26 s12 10 s14 Public Records Special protection of public records over 30 years old 12.(1) A person must not damage a public record more than 30 years old. Maximum penalty—100 penalty units. (2) This section applies to a public record whether or not it is in the custody of the archives. (3) In subsection (1)— "damage", a public record, means— (a) change the record in a way that causes, or is likely to cause, damage to the record; or (b) neglect the record in a way that causes, or is likely to cause, damage to the record; or (c) otherwise damage the record. Disposal of public records 13. A person must not dispose of a public record unless the record is disposed of under— (a) an authority given by the archivist or the board; or (b) other legal authority, justification or excuse. Maximum penalty—165 penalty units. Public authority must ensure particular records remain accessible 14.(1) This section applies if a public record is an article or material from which information can be produced or made available only with the use of particular equipment or information technology. (2) The public authority controlling the record must take all reasonable action to ensure the information remains able to be produced or made available. mon an fF Wh 12 16 182226 $15 11 s 16 Public Records Division 3—Access to public records Meaning of responsible public authority 15. The "responsible public authority", for a public record, is— (a) the public authority that gave the public record to the archives; or (b) if the public authority that gave the record to the archives no longer exists, but there is another public authority carrying out the functions of the former authority—the other authority; or (c) if the record relates to a function or power of a public authority that has been transferred to another public authority—the other authority; or (d) in any other case—the public authority prescribed under a regulation for this definition. Meaning of restricted access period 16.(1) The "restricted access period", for a public record, is— (a) for a record classified by a public authority as containing potentially exempt matter mentioned in section 44! of the FOI Act—the period from the day the record is made to the last day of the year 100 years after the day of the last action on the record; or (b) for a record classified by a public authority as containing potentially exempt matter mentioned in section 42, 43 or 462 of the FOI Act—the period from the day the record is made to the last day of the year 65 years after the day of the last action on the record; or (c) for any other record—the period from the day the record is made to the last day of the year 30 years after the day of the last action on the record. 1 Freedom of Information Act 1992, section 44 (Matter affecting personal affairs) 2 Freedom of Information Act 1992, section 42 (Matter relating to law enforcement of public safety), 43 (Matter affecting legal proceedings) or 46 (Matter communicated in confidence) 14 1618 202226 s17 12 s18 Public Records (2) Subsections (1)(a) and (b) apply as if the public authority in all cases were an agency under the FOI Act. Application for access to public records 17.(1) A person may apply to the archivist for access to a public record in the custody of the archives. (2) The application must be accompanied by the fee prescribed under a regulation. (3) For subsection (1), a public record is taken to be in the custody of the archives if the record is the subject of a direction by the archivist under section 10(2)3 Public access to public records 18.(1) If the restricted access period for a public record has ended, the archivist must allow the applicant access to the record. (2) However, if the restricted access period has not ended, the applicant may have access to the public record only if— (a) access is obtained under the FOI Act; or (b) the responsible public authority classifies the record as a record to which unrestricted access is allowed. (3) Also, the archivist may refuse to allow access to a public record— (a) if giving access to the record would be detrimental to its preservation; or (b) if the record is reasonably available for purchase by members of the community under arrangements made by a public authority; or (c) if information in the record can be produced or made available only with the use of particular equipment or information technology and the archives does not possess, and can not reasonably obtain access to, the equipment or information 3 Section 10 (Public records more than 25 years old) Ne CSC Om ND WB Ww e 13 15 18 21 232628 s19 13 s19 Public Records technology; or (d) giving access to the record is restricted under a regulation under subsection (4). (4) Access to a public record may be restricted under a regulation if— (a) the record is more than 100 years old; and (b) the record contains information concerning the personal affairs of a person; and (c) access to the record would not, on balance, be in the public interest. (5) The restriction may be given on conditions stated in the regulation. Forms of access 19.(1) Access to a public record may be given to the applicant— (a) by allowing the applicant a reasonable opportunity to inspect the record; or (b) by giving the applicant a copy of the record; or (c) ifthe record is one to which subsection (2), (3) or (4) applies—by the form of access stated in the subsection. (2) Access may be given by making arrangements for the applicant to hear the sounds or view the images if the record is an article or material from which sounds or visual images are capable of being reproduced. (3) Access may be given by giving the applicant a written transcript of the words recorded or contained in the record if the record is one— (a) by which words are recorded in a way in which they are capable of being reproduced in the form of sound; or (b) in which words are contained in the form of shorthand writing or in a codified form. (4) Access may be given by giving the applicant a written document containing the information if— (a) the record is not a written record; and (b) the archivist or the responsible public authority could create a \o co ND UU FB Wh e Oo 12 14 17 1922 24 26 28 30 s 20 14 s 20 Public Records written document containing the information in the record using equipment that is usually available to it for retrieving or collating electronically stored information. (5) If the applicant asks for access in a particular way, access must be given in that way. (6) However, access may be given in another way decided by the archivist if giving access to the record in the way requested by the applicant— (a) would interfere unreasonably with the operations of the archives or the responsible public authority; or (b) would be detrimental to the preservation of the record; or (c) would be inappropriate, having regard to the physical nature of the record; or (d) would involve an infringement of copyright of a person other than the State. (7) The archivist may— (a) impose reasonable conditions on access to a public record; and (b) if access is given by way of a copy or transcript of a public record—impose a reasonable charge for the copy or transcript. (8) This section does not prevent the archivist giving access to a public record in another form agreed to by the applicant. PART 3—STATE ARCHIVIST AND QUEENSLAND STATE ARCHIVES Division 1—General State archivist and Queensland State Archives 20.(1) There is to be a State Archivist. SO OPIAD WAH WHR eS an ion' wn Ree ns Se nN aw a \©o NN re Oo 23 26 s21 15 s 24 Public Records (2) An office called the Queensland State Archives is established. (3) The archives consists of the archivist and the staff of the archives. Appointment of archivist 21.(1) The archivist is to be appointed by the Governor in Council. (2) The archivist is appointed for the term specified in the instrument of appointment and is eligible for reappointment. (3) The specified term must not be longer than 5 years. (4) The Public Service Act 1996 does not apply to the appointment of the archivist. Terms and conditions of appointment 22.(1) The archivist is appointed on terms decided by the Governor in Council. (2) The archivist is entitled to be paid the remuneration and allowances decided by the Governor in Council. Resignation 23. The archivist may resign by signed notice given to the Minister. Termination of appointment 24. The Governor in Council may terminate the appointment of the archivist if the archivist— (a) is convicted of an indictable offence; or (b) is guilty of misconduct that could warrant dismissal from the public service if the archivist were a public service officer; or (c) becomes incapable of satisfactorily performing the archivist's functions. Cm YN AN Bw 12 14 16 19 22 24 s 25 16 s27 Public Records Preservation of rights 25.(1) This section applies if a public service officer is appointed as the archivist. (2) The person retains and is entitled to all rights that have accrued to the person because of employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as archivist were a continuation of service as a public service officer. (3) At the end of the person's term of appointment or on resignation— (a) the person is entitled to be appointed to a position in the public service at a salary level not less than the current salary level of an office equivalent to the position the person held before being appointed as archivist; and (b) the person's service as archivist is to be regarded as service of a like nature in the public service for the purpose of deciding the person's rights as a public service officer. Superannuation for archivist who was previously an officer of the public service 26.(1) This section applies if a public service officer is appointed as the archivist and immediately before the appointment the public service officer was a member of the superannuation scheme. (2) The person— (a) continues to be a member of the superannuation scheme; and (b) for paragraph (a), is taken to be eligible for membership of the superannuation scheme under the Superannuation (State Public Sector) Act 1990. (3) In this section— "superannuation scheme" means the State Public Sector Superannuation Scheme. Acting archivist 27. The Governor in Council may appoint a person to act as archivist— CAIDA UNA FF Wh 12 1417 1922 2428 30 s 28 17 s 30 Public Records (a) (b) during a vacancy in that office; or during any period, or during all periods, when the archivist is absent from duty or cannot, for another reason, perform the functions of that office. Archives staff 28. The staff of the archives are to be employed under the Public Service Act 1996. Control of archives 29. Subject to the Minister and the chief executive, the archivist is to control the archives. Division 2—Functions and powers Functions of archivist 30. The archivist has the following functions— (a) (b) (c) (d) (f) (g) to develop and promote efficient and effective methods, procedures and systems for making, managing, keeping, storing, disposing of, preserving and using public records; to identify public records of enduring value and require that they be retained in a useable form, whether or not the records are in the custody of the archives; to make decisions about the disposal of public records; to manage, keep and preserve records for public authorities and other entities; to provide public access to public records; to conduct research and give advice about the making, managing, keeping and preserving of public records; to perform another function given to the archivist under this or another Act; wb Nn 13 151822 25 27 s31 18 s 32 Public Records (h) to do anything else— (i) incidental, complementary or helpful to the archivist's other functions; or (11) likely to enhance the effective and efficient performance of the archivist's other functions. Powers of archivist 31.(1) The powers of the archivist include the following— (a) (b) (c) (d) (e) (f) to establish and manage repositories and other facilities to store, preserve, exhibit and make available for use public records and other materials; to copy public records and other materials; to publish public records and other materials; to acquire records by purchase, gift, bequest or loan; to authorise the disposal of particular public records or classes of public records; to set policy and standards, and issue guidelines, about the making, keeping, preserving, managing and disposing of public records. (2) This section does not limit the archivist's powers as a part of the executive government of the State.4 Archivist may authorise disposal of public records 32.(1) The archivist may authorise the disposal of particular public records or classes of public records if the public authority that has control of the records has applied for, or consented to, the disposal of the records. (2) In authorising the disposal of the records, the archivist must have regard to— 4 See Acts Interpretation Act 1954, part 12 (The Executive Government of the State). Ak WH COMO YN a 13 15 1720 2326 s 33 19 s 35 Public Records (a) any relevant professional standards; and (b) the purposes of this Act. Independence in relation to disposal decisions 33.(1) The archivist, and the staff of the archives, are not subject to the control or direction of a Minister or a department in relation to making decisions about the disposal of public records. (2) Subsection (1) has effect despite section 29.5 Arrangements for storage of records outside archives 34. The archivist may make arrangements with public authorities and other entities about the storage of public records in a place other than the archives. Examples of arrangements archivist may make— 1. The archivist may make an arrangement with a public authority that the authority will store its electronic records at its premises rather than the archives. 2. The archivist may make an arrangement with a public authority that creates its own permanent archives that the authority may store its public records in its archives rather than the archives. Division 3—State Archives Board State Archives Board 35.(1) The Minister must establish a State Archives Board. (2) The board has the following functions— (a) to advise the archivist and the Minister about issues affecting the administration or enforcement of this Act; and (b) to hear appeals by public authorities from decisions made by the archivist not to authorise the disposal of particular public records or classes of public records. 5 See section 29 (Control of archives). NY ANA WwW 11 14 162023 26 s 36 20 s 37 Public Records (3) The board is to consist of the following members— (a) 1 person nominated by the Minister who administers the Local Government Act 1993; (b) 1 person nominated by the Chief Justice; (c) 1 person nominated by the Speaker of the Legislative Assembly; (d) 1 person nominated by the Minister for the department in which the Public Service Act 1996 is administered; (e) person who has knowledge of, and experience in, the management of information and records nominated by the Minister; (f) 4 persons who have knowledge of, and experience in, any area considered by the Minister to be relevant to the functions of the committee. (4) A member of the board may be paid the remuneration and allowances decided by the Governor in Council. Application for review of archivist's decision about disposal 36.(1) A public authority may make written application to the board for a review of a decision made by the archivist refusing to authorise the disposal of particular public records or classes of public records. (2) The application for review must be made to the board within 14 days after the public authority is notified of the archivist's decision or, if the board allows a further period in which to make the application, the further period. (3) On receiving the application, the board must give written notice of it to the archivist. Archivist to provide reasons 37. Within the period stated in the board's notice, the archivist must give the board written reasons for refusing to authorise the disposal of the particular public records or classes of public records. 182123 25 28 s 38 21 s39 Public Records Decision by board 38.(1) After reviewing the archivist's decision, the board may— (a) confirm or amend the decision; or (b) revoke the decision and substitute a new decision. (2) The board's decision is taken to be a decision of the archivist. (3) However, a decision mentioned in subsection (2) can not be reviewed under section 36.6 Division 4—Miscellaneous Delegation 39.(1) The archivist may delegate the archivist's powers under this Act to— (a) an appropriately qualified member of the archives' staff; or (b) an appropriately qualified officer or employee of a public authority. (2) In subsection (1)— "appropriately qualified", for a member of the archives' staff or an officer or employee of a public authority, includes having the qualifications, experience or standing appropriate to exercise the power. Example of 'standing '— The staff member's classification level in the archives or public authority. 6 Section 36 (Application for review of archivist's decision about disposal) NDAD nA Ff W WN 11 14 1720 s 40 22 s 42 Public Records PART 4—POWERS OF ENFORCEMENT Division 1—Authorised officers Appointment of authorised officer 40. The archivist may appoint a member of the staff of the archives as an authorised officer. Identity card 41.(1) The archivist must give each authorised officer an identity card and may issue an identity card to himself or herself. (2) The identity card must— (a) contain a recent photograph of the authorised officer; and (b) be signed by the officer; and (c) identify the person as an authorised officer for this Act; and (d) include an expiry date. (3) A person who ceases to be an authorised officer must return the person's identity card to the archivist as soon as practicable (but within 21 days) after the person ceases to be an authorised officer, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. Production or display of authorised officer's identity card 42.(1) An authorised officer may exercise a power in relation to someone else only if— (a) the authorised officer first produces his or her identity card for the person's inspection; or (b) the authorised officer has the officer's identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with 21 23 25 s 43 23 s44 Public Records subsection (1) before exercising the power, the authorised officer must produce the identity card for inspection by the person as soon as it is practicable. Division 2—General powers Power of entry and inspection 43.(1) For the administration and enforcement of this Act, an authorised officer is entitled to full and free access, at all reasonable times, to all public records in a public authority's possession. (2) Without limiting subsection (1), an authorised officer may— (a) enter a public authority's premises; and (b) examine the public authority's procedures for the making, management, keeping and preservation of its public records; and (c) examine the public authority's records. Public authority to comply with request 44.(1) An officer or employee of a public authority who is responsible for the management of the authority's records must, if asked by an authorised officer— (a) produce the authority's records, or a particular type or sample of records, for the officer's inspection; and (b) give the officer access to the authority's records, or a particular type or sample of records in the reasonable way requested by the officer; and (c) allow the officer to examine the authority's systems for making, keeping and preserving records. (2) However, an authorised officer may exercise powers under this part in relation to the Governor's official residence, the Legislative Assembly or a court, only by agreement with the Governor's secretary, the clerk of the Legislative Assembly or the registrar or proper officer of the court. Co AAD WN 13 1619 2124 2628 s 45 24 s47 Public Records (3) A person mentioned in subsection (2) must not unreasonably withhold agreement. Obstruction of authorised officer 45. A person must not obstruct an authorised officer in the exercise of a power under this part, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. Division 3— Specific powers Recovery of public records 46.(1) This section applies if the archivist believes, on reasonable grounds, that a person is in unlawful possession of public records, including records to which an agreement under section 47 applies. (2) The archivist may, by written notice given to the person, require the person to give the records to the archivist or someone else stated in the notice within the reasonable time stated in the notice. (3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (4) Also, if the person does not comply with the notice, the archivist may apply to a Magistrates Court for an order directing the person to comply with the notice. (5) If the Magistrates Court is satisfied the person is in unlawful possession of public records, the court may order the person to give the records to the archivist. (6) The person must comply with the court's order. Maximum penalty for subsection (6)—100 penalty units. Reciprocal agreements 47.1) The archivist may enter into an agreement with an entity (the Dn nk Ww 11 1316 192225 27 s 48 25 Public Records s 48 "reciprocating entity") with corresponding functions under a law of another State or the Commonwealth (the "reciprocating jurisdiction"). (2) The agreement may provide for— (a) the archivist to take action in Queensland to recover public records of the reciprocating jurisdiction and give them to the reciprocating entity; and (b) the reciprocating entity to take action jurisdiction to recover public records of them to the archives. in the reciprocating Queensland and give PART 5—MISCELLANEOUS Secrecy provisions in other laws 48.(1) If another Act prohibits the disclosure of a matter contained in a public record or restricts access to a public record, the archivist and the staff of the archives must not disclose a matter in the pub ic record or otherwise give access to the record, other than to the extent necessary to perform their official duties. (2) However, subsection (1) does not apply to a pu contained in a public record, if— (a) the record is more than 100 years old; and blic record, or a matter (b) access to the record is not restricted under a regulation under section 18(4).7 (3) For subsection (1)— "official duties", of the archivist and the staff o f the archives, do not include allowing access to public records under section 18. 7 — Section 18 (Public access to public records) CAHN DNF W NK 131518 21 24 s 49 26 s 52 Public Records Application of Act to certain of Governor's records 49.(1) The following are not public records— (a) records that are correspondence between the Governor and the Sovereign; or (b) records that are correspondence between the Governor and the Governor-General; or (c) records that are correspondence between the Governor and the Governor of another State. (2) However, the Governor may agree that a particular record of a type mentioned in subsection (1) is a public record. Protection against actions for defamation or breach of confidence 50.(1) This section applies if access is given to a public record under this Act. (2) No action for defamation or breach of confidence lies against— (a) the State or an official because of the giving of the access; or (b) the author of the public record or another person because the author or other person supplied the record to a public authority or the archives. (3) This section does not limit the operation of section 51. Protection from civil liability 51.(1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to the official, the liability attaches instead to the State. Evidence in legal proceedings 52.(1) This section applies if— (a) apublic record, or information in a public record, is admissible in evidence in a legal proceeding on its production from proper ow! aon nn Bw NY e 13 15 1722 24 26 28 s 53 27 s55 Public Records custody; and (b) the public record is in the custody of the archives. (2) If the archives produces the public record, or a copy of or extract from the public record, it is taken to have been produced from proper custody. (3) The archivist, or a member of the staff of the archives authorised by the archivist, may give a certificate about the origin, history, nature or contents of a public record in the custody of the archives. (4) The certificate is admissible in evidence in a legal proceeding as evidence of the matters stated in the certificate. Annual report 53.(1) Within 4 months after the end of each financial year, the archivist must give to the Minister a report on the administration of this Act during the year. (2) Without limiting subsection (1), the report may include details of the extent to which public authorities are complying with the Act, including, for example, instances of noncompliance, if any, and measures taken, or the archivist recommends be taken, to prevent, or reduce, noncompliance with the Act. (3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it. Regulation-making power 54. The Governor in Council may make regulations under this Act. Libraries and Archives Act 1988 references 55. In an Act or document, a reference (whether express or implied) to the Libraries and Archives Act 1988 or provision of the Act that was repealed by, and remade as a provision of, this Act may, if the context permits, be taken to be a reference to this Act or the provision of this Act, as the case requires. SO OID ARwW wv 13161821 23 2628 s 56 28 s 58 Public Records PART 6—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS State archivist to continue in position 56.(1) This section applies to a person who, immediately before the commencement of this part, was the State archivist under the Libraries and Archives Act 1988. (2) On the commencement, the person is taken to be the archivist under this Act. Notice for recovery of public records 57. A notice given to a person under the Libraries and Archives Act 1988, section 62(1),8 and in force immediately before the commencement of this part, is taken to be a notice given under section 46.9 Acts amended 58. Schedule | amends the Acts mentioned in it. 8 — Section 62 (Recovery of public records improperly held) 9 Section 46 (Recovery of public records) eN DNF WwW 1114 Public Records SCHEDULE 1 AMENDMENTS section 58 AGRICULTURAL AND VETERINARY CHEMICALS (QUEENSLAND) ACT 1994 1. Section 31, 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. AMBULANCE SERVICE ACT 1991 1. Section 20(1)(c)— omit. BUSINESS NAMES ACT 1962 1. Section 25(2), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. 11 15 Public Records SCHEDULE | (continued) CITY OF BRISBANE MARKET ACT 1960 1. Section 25(1)(d), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. COOPERATIVES ACT 1997 1. Section 439, 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. CRIME COMMISSION ACT 1997 1. Section 81, 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 1. Section 7(1)(d), 'prescribed by or under the Libraries and Archives Act 1988' — omit, insert— 'under the Public Records Act 1999. 1114 16 18 Public Records SCHEDULE | (continued) EDUCATION (GENERAL PROVISIONS) ACT 1989 1. Section 68, heading, 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. 2. Section 68, 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. ELECTRICITY ACT 1994 1. Section 64R(d), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. EVIDENCE ACT 1977 1. Section 129— omit, insert— 'Public Records Act 1999 not affected "129. This part does not affect the Public Records Act 1999.'. 11 1416 Public Records SCHEDULE | (continued) FIRE AND RESCUE AUTHORITY ACT 1990 1. Section 19A(1)(c)— omit. FISHERIES ACT 1994 1. Section 213(1)(d), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. FREEDOM OF INFORMATION ACT 1992 1. Section 17, heading— omit, insert— 'Operation of Public Records Act 1999'. 2. Section 17, 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. 3. Section 22(c), 'in the Queensland State Archives or'— omit, insert— 'under the Public Records Act 1999 or in'. 11 1316Public Records SCHEDULE | (continued) 4. Section 24(1)(b), 'in the Queensland State Archives'— omit, insert— 'under the Public Records Act 1999. 5. Section 24(2), 'Libraries and Archives Act 1988 (whether before or after the commencement of this part)'— omit, insert— 'Libraries Act 1988 (whether before or after the commencement of this part) or the Public Records Act 1999. 6. Section 30(6), '20'— omit, insert— '25'. GLADSTONE POWER STATION AGREEMENT ACT 1. Section 28, 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. GRAIN INDUSTRY (RESTRUCTURING) ACT 1991 1. Section 14(1)(c), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. w ond nA Ws 11 13 1520 Public Records SCHEDULE | (continued) LAND ACT 1994 1. Section 315(5), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. LAND TITLE ACT 1994 1. Section 166(5), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. LIBRARIES AND ARCHIVES ACT 1988 1. Tithe— omit, insert— 'An Act about the State library and to promote libraries, and for related purposes'. 2. Section 1— omit, insert— 'Short title "1. This Act may be cited as the Libraries Act 1988.'. 3. Section 2, definition "public authority"— omit. 11 13 1517 19 Public Records SCHEDULE | (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 'Libraries and Archives Act 1988 references 13 "89A. In an Act or document, a reference (whether express or implied) to 14 this Act or a provision of this Act that was not repealed by the Public 15 Records Act 1999 may, if the context permits, be taken to be a reference to 16 this Act or the provision of this Act, as the case requires.'. 17 MEAT INDUSTRY ACT 1993 18 1. Section 46(1)(d), 'Libraries and Archives Act 1988'— 19 omit, insert— 20 'Public Records Act 1999'. 21 Public Records SCHEDULE | (continued) 2. Section 160(1)(d), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. POLICE POWERS AND RESPONSIBILITIES ACT 1. Section 67, 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999. QUEENSLAND COMPETITION AUTHORITY ACT 1. Section 229(d), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. SCHOOL OF ARTS (WINDING UP AND TRANSFER) ACT 1960 1. Section 2, 'Libraries and Archives Act 1988'— omit, insert— 'Libraries Act 1988'. 10 1218 Public Records SCHEDULE | (continued) SUGAR INDUSTRY ACT 1991 1. Section 230(b), 'Libraries and Archives Act 1988'— omit, insert— 'Public Records Act 1999'. nA FB WwW NY Public Records SCHEDULE 2 DICTIONARY section 4 "archives" means the Queensland State Archives. "archivist" means the State Archivist. "authorised officer" means— (a) the archivist; or (b) a person who is appointed under section 40 as an authorised officer. "board" means the State Archives Board. "convicted" means found guilty, or having a plea of guilty accepted by a court, whether or not a conviction is recorded. "disposal", of a record, includes— (a) destroying or damaging the record, or part of it; or (b) abandoning, transferring or selling the record, or part of it. "FOI Act" means the Freedom of Information Act 1992. "intergovernmental authority" means an entity established by the State and a local government. "Ministerial record" means a record created or received by a Minister in the course of carrying out the Minister's portfolio responsibilities but does not include— (a) a record related to the Minister's personal or party political activities; or (b) arecord the Minister holds in the Minister's capacity as a member of the Legislative Assembly. "official" means the archivist or a member of the staff of the archives. Ceo YN Dn Ff 131518 2023 25 Public Records "possession", of a public record, includes having control of the record. SCHEDULE 2 (continued) "public authority" means— 2 (a) the Governor in his or her official capacity; or 3 (b) the Executive Council; or 4 (c) the Legislative Assembly; or 5 (d) a Minister; or 6 (e) the registrar or other officer of a court dealing with official records 7 of the court; or 8 (f) a commission of inquiry under the Commissions of Inquiry Act 9 1950; or 10 (g) an entity that— 11 (i) is established by an Act; or 12 (i) is created by the Governor in Council or a Minister; or 13 (h) aGOC; or 14 (i) a department; or 15 (j) an inter-governmental authority; or 16 (k) a local government; or 17 (1) an entity declared under a regulation to be a public authority for 18 the purposes of this Act. 19 "record" means recorded information created or received by an entity in the 20 transaction of business or the conduct of affairs that provides evidence 21 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 qualified to interpret 25 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) amap, plan, drawing or photograph. 29 Public Records SCHEDULE 2 (continued) "responsible public authority", for part 2, division 3, see section 15. "restricted access period", for part 2, division 3 see section 16. © State of Queensland 1999