Public Records Bill 2023 (Qld)

An Act about making, managing and accessing public records and continuing the role of the State Archivist and the Office of State Archives, to repeal the Public Records Act 2002, and to amend this Act and the legislation mentioned in schedules 4 and 5 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Public Records Act 2023.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Main purpose of Act The main purpose of this Act is to provide a framework for making, managing and accessing public records in a way that benefits present and future generations.

4 Principles for administering Act It is Parliament's intention that public records are made, managed and accessed under this Act in a way guided by the principles stated in schedule 1.

5 Act binds all persons This Act binds all persons, including the State.

6 Relationship with other Acts (1) This Act is subject to another Act providing any of the following— (a) that an entity is, or is not, a public authority under this Act; (b) that a record is, or is not, a public record under this Act; (c) that access to, or disposal of, a record is authorised, even if access or disposal is not authorised under this Act; (d) that access to a record is prohibited or restricted, even if access is authorised under this Act. (2) Subsection (1) does not affect a provision of this Act or another Act that expressly deals with the interaction between this Act and the other Act.

Division 2 Interpretation

7 Definitions The dictionary in schedule 3 defines particular words used in this Act.

8 What is a public authority (1) Each of the following entities is a public authority— (a) the Governor in the Governor's official capacity; (b) the Executive Council; (c) a Minister; (d) an Assistant Minister; (e) the registrar or other officer of a court with responsibility for official records of the court; (f) a commission of inquiry under the Commissions of Inquiry Act 1950; (g) an entity, other than the parliamentary service, that— (i) is established by an Act; or (ii) is created by the Governor in Council or a Minister; (h) a department; (i) a government owned corporation; (j) a rail government entity under the Transport Infrastructure Act 1994; (k) an entity established by the State and a local government; (l) a local government. (2) However, a regulation may prescribe that an entity that is otherwise a public authority under subsection (1)(f), (g), (i) or (k)— (a) is not a public authority; or (b) is not a public authority for a particular function. (3) Also, a regulation may prescribe that an entity that is otherwise not a public authority under subsection (1)— (a) is a public authority; or (b) is a public authority for a particular function. (4) In this section— parliamentary service means the parliamentary service established under the Parliamentary Service Act 1988, section 23.