New public record legislation promotes transparency and historical preservation
- The Public Records Act 2023 commenced 5 December 2024.
- Queensland State Archives (QSA) is continuously supporting public authorities to implement the improved records management requirements in the Act.
- The Act delivers on most of the recommendations of an independent review in 2022 by Justice Byrne, which highlighted how public records provide the evidence of the actions and decisions of government and demonstrate delivery on its commitments.
Queensland has strengthened public record standards and transparency requirements for public agencies to provide greater confidence to the community about the management of data and records.
The Act introduces updated requirements for approximately 500 public authorities.
Key aspects of the legislation:
- support the contemporary digital record management environment of the Queensland public sector
- enhance the powers and independence of the State Archivist
- recognise Aboriginal and Torres Strait Islander perspectives.
Under the new Act, the State Archivist has enhanced monitoring, auditing and investigative powers, allowing them to issue:
- mandatory standards
- protection notices to temporarily prevent the disposal of specific classes of public records.
A new offence was introduced for attempted unlawful disposal of public records, and greater time limits allowed prior to the prosecution of specific offences.
Public authorities are required to respond to access requests to restricted records within 35 days, with a new resolution mechanism to consider any refusals.
A First Nations Advisory Group was also established to advise the State Archivist regarding the management of, and access to, public records relating to Aboriginal and Torres Strait Islander peoples.
The Act outlines that, while QSA is subject to the directions of the government of the day, the State Archivist’s decision-making regarding the appropriate disposal of public records is crucially an independent process.
In an interview, Queensland State Archivist Louise Howard reflected on the importance of the changes and the role of strong public recordkeeping. With oversight of more than 3.5 million public records, Ms Howard said strengthening recordkeeping processes is essential to maintaining accountability, transparency and Queensland’s cultural identity.
'I am pleased these changes are a step in the right direction to meet community expectations for accountability and transparency across public authorities,' Ms Howard said.
QSA has developed a range of resources to support the transition to the new legislation.