New public record legislation promotes transparency and historical preservation

• The Public Records Act 2023 commenced 5 December 2024.
• Queensland State Archives (QSA) is supporting public agencies to implement the improved recordkeeping requirements in the Act.
• The Act delivers on the majority of the recommendations of independent review in 2022 by Justice Byrne.

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 Public Records Act 2023 (the Act) commences today – with work underway to support agencies to implement the new recordkeeping requirements.

The Act updates requirements for approximately 500 public authorities, with implementation being led by QSA, the state’s recordkeeping authority and custodian of Queensland’s public records.

Key aspects of the legislation will support the contemporary digital recordkeeping environment of the public sector, enhance the powers and independence of the State Archivist, and recognise Aboriginal and Torres Strait Islander perspectives.

Under the new laws, the State Archivist has enhanced monitoring, auditing, and investigative powers, allowing them to issue general mandatory standards, as well as protection notices to temporarily prevent the disposal of specific classes of public records.

A new offence has also been introduced for the attempted unlawful disposal of public records, and greater time limits allowed prior to the prosecution of specific offences.

Public authorities will be 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 will also be established to advise the State Archivist regarding the management of, and access to, public records relating to Aboriginal and Torres Strait Islander peoples.

The new laws outline 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.

Queensland State Archivist Louise Howard said strengthening the processes around public recordkeeping was important for maintaining and preserving Queensland’s cultural identity, with oversight for more than 3.5 million records held by QSA.

“The implementation of this Act will enable QSA to appropriately preserve the State’s growing records, for the benefit of present and future generations,” Ms Howard said.

“The new Act delivers on the majority of recommendations of an independent review in 2022, which highlighted how public records provide the evidence of the actions and decisions of government and demonstrate delivery on its commitments.

“I am pleased that these changes are a step in the right direction to meet community expectations for accountability and transparency of public authorities.” QSA has developed a range of resources to support the transition to the new legislation.

QSA has developed a range of resources to support the transition to the new legislation.