Public Records Act

The new Public Records Act 2023 was passed by the Queensland Parliament in late November 2023 and will commence by proclamation on 5 December 2024.

In the meantime, the Public Records Act 2002 continues to apply.

What will be different?

Significant changes in the new Act include:

• New principles for public authorities to guide how public records should be managed and accessed with care to support Aboriginal peoples and Torres Strait Islander peoples.
• Establishment of a First Nations Advisory Group to advise the State Archivist
• A provision for the State Archivist to refuse access or restrict access for more than 100 years to public records in the custody of the archives in certain circumstances, including when it's not in the public interest and access would inappropriately reveal culturally sensitive information or personal information.
• New mechanism to request a review of refusal of access to restricted public records, including requiring agencies to decide about access to restricted records within 35 business days (unless the State Archivist agrees to a longer period)
• A provision for compulsory transfer to Queensland State Archives for public records at risk of loss or damage in certain circumstances
• A provision for the State Archivist to issue mandatory standards on matters regulated by the Public Records Act 2023.
• The State Archivist to issue a direction to report to agencies to report on records and information management issues
• Changes to monitoring and auditing powers including a new mandatory Notice to report. This new power will help Queensland State Archives to better understand your recordkeeping requirements and tailor assistance for your public authority needs.
• New offence for the attempted unlawful disposal of public records
• Longer time periods for the commencement of prosecution of specific offences including unlawful or attempted unlawful disposal of a public record
• Simplified arrangements for setting a responsible public authority when a public authority ceases to exist.

Consultation on a new recordkeeping policy framework

• The Recordkeeping policy framework has a simplified hierarchy of documents under the new Public Records Act 2023.
• The Recordkeeping policy framework consists of three recordkeeping standards that each have a supporting guideline.  Standards are approved by the Governor-in-council through the development of a regulation and are subject to scrutiny through the Queensland Treasury Regulatory Impact assessment procedure.
• The Recordkeeping policy framework includes regular biennial review of standards and guidelines to ensure mandatory requirements are necessary, efficient, and effective and minimises regulatory burden.

Details of engagement activities relating to the new Recordkeeping policy framework:

• will be seeking feedback from Queensland public authorities on the new mandatory standards and supporting guidelines
• Consultation session times will be available soon.

More information

Key documents from the Act Review:

• Explanatory notes for Public Records Act 2023
• Terms of Reference
• Independent Panel Report of review of the Public Records Act 2002
• Government response to the review report
• Consultation Regulatory Impact Statement (C-RIS)
• Decision Regulatory Impact Statement (D-RIS)