Royal Commission (Custody of Records) Act 1992 (WA)

Western Australia Royal Commission (Custody of Records) Act 1992 Western Australia Royal Commission (Custody of Records) Act 1992 Contents 1. Short title 1 2. Commencement 1 3. Effect of this Act 1 4. Definitions 2 13. Copies 4 14. Availability of records as State archives 4 15. Performance of Royal Commission's functions under this Act 6 16. Protection relating to publication 7 Notes Compilation table 8 Defined terms Western Australia Royal Commission (Custody of Records) Act 1992 An Act relating to the manner in which the records and materials held by the Royal Commission appointed by the Governor on 8 January 1991 are to be dealt with after the Commission has completed its inquiries and reports, and for related purposes.

1. Short title This Act may be cited as the Royal Commission (Custody of Records) Act 1992 1.

2. Commencement This Act comes into operation on the day on which it receives the Royal Assent 1.

3. Effect of this Act (1) This Act has effect notwithstanding — (a) the Royal Commissions Act 1968; (b) the State Records Act 2000; (c) any other written law whether enacted or made before or after this Act is enacted; or (d) any other law. (2) Notwithstanding any written or other law a record of the Royal Commission shall not be dealt with in a way that prevents it from being dealt with under this Act. (3) Nothing in this Act affects the operation of section 20 of the Royal Commissions Act 1968. (4) This Act binds the Crown in right of the State and, subject to the limits of the legislative power of the State, the Crown in all its other capacities. [Section 3 amended: No. 53 of 2000 s. 23.]

4. Definitions (1) In this Act, unless the contrary intention appears — administrative record means a record of an administrative nature relating to the operations of the Royal Commission; confidential record means — (a) a record obtained by or on behalf of the Royal Commission (whether or not under compulsion) that is the subject of an assurance of confidentiality given by or on behalf of the Royal Commission; or (b) a record of a statement, or of an interview or of information obtained by or on behalf of the Royal Commission, being a statement, or an interview or information (whether or not obtained under compulsion) that is the subject of an assurance of confidentiality given by or on behalf of the Royal Commission, but does not include a transcript record; copy, in relation to a record, includes a copy that is in a different form or medium than the record itself; Director of State Records means the Director of State Records under the State Records Act 2000; DPP means the Director of Public Prosecutions under the Director of Public Prosecutions Act 1991; former Commissioners means the persons who were the members of the Royal Commission before it delivered its report under the terms of reference; internal working document means a working record prepared by the Royal Commission or a member or an officer of the Royal Commission for internal purposes of the Royal Commission; Library Act means the Library Board of Western Australia Act 1951; Library Board means The Library Board of Western Australia constituted under the Library Act; officer of the Royal Commission means a counsel or other person appointed, employed or engaged to assist the Royal Commission; prescribed exhibit means an exhibit received by the Royal Commission in the course of a hearing relating to item 1.1, 1.2, 1.3 or 1.4 of Schedule 1 to paragraph (1) 1 of the terms of reference; private submission means a submission made to the Royal Commission in respect of paragraph (1) 1 (e) or (1) 2 (e) of the terms of reference; record has the same meaning as it has in the State Records Act 2000; record of the Royal Commission means a confidential record, an internal working document, a private submission, an administrative record, a transcript record or any other record prepared or obtained for the purposes of the Royal Commission by the Royal Commission or a member or an officer of the Royal Commission; regulatory body means — (a) the Police Force; (b) the Australian Federal Police; (c) the Australian Crime Commission; (d) the Police Force of another State or a Territory; or (e) any other regulatory, revenue collecting, or prosecuting body or authority whether in the State or elsewhere; Royal Commission means the Royal Commission constituted by the persons appointed by the commission issued by the Governor on 8 January 1991; State archives collection has the same definition as in the State Records Act 2000; terms of reference means the terms of reference of the Royal Commission set out in the commission issued by the Governor on 8 January 1991 and amended from time to time; transcript record means a record of evidence taken by the Royal Commission whether taken in private or not. (2) A reference in this Act to the delivery of the Royal Commission's report shall be read as a reference to the delivery of its final report. [Section 4 amended: No. 67 of 1992 s. 4; No. 53 of 2000 s. 24; No. 74 of 2004 s. 71.] [5‑12. Deleted: No. 53 of 2000 s. 25.]