Public Records Act 2002
An Act about making, managing, keeping and preserving public records in Queensland, and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Public Records Act 2002.
2 Commencement
(1) Part 7 of this Act commences on assent.(2) The remaining provisions commence on a day to be fixed by proclamation.
3 Purposes
The main purposes of this Act are to ensure—(a) the public records of Queensland are made, managed, kept and, if appropriate, preserved in a useable form for the benefit of present and future generations; and(b) public access to records under this Act is consistent with the principles of the Right to Information Act 2009 and the Information Privacy Act 2009 .
4 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
5 Act binds the State
This Act binds the State.
Part 2 Public records
Division 1 Preliminary
6 What is a public record
(1) A public record is any of the following records made before or after the commencement of this Act—(a) a record made for use by, or a purpose of, a public authority, other than a Minister or Assistant Minister;(b) a record received or kept by a public authority, other than a Minister or Assistant Minister, in the exercise of its statutory, administrative or other public responsibilities or for a related purpose;(c) a Ministerial record;(d) a record of an Assistant Minister.Editor’s note—
See also section 52 (Application of Act to certain of Governor’s records).(2) A public record includes—(a) a copy of a public record; and(b) a part of a public record, or a copy of a part of a public record.
Division 2 Making, managing, keeping and preserving public records
7 Making and keeping of public records
(1) A public authority must—(a) make and keep full and accurate records of its activities; and(b) have regard to any relevant policy, standards and guidelines made by the archivist about the making and keeping of public records.(2) The executive officer of a public authority must ensure the public authority complies with subsection (1) .(3) In this section—executive officer, of a public authority, means—(a) if the public authority is a department—the chief executive of the department; or(b) if the public authority is a local government—the chief executive officer of the local government; or(c) if the public authority is not an authority mentioned in paragraphs (a) and (b)—a person (whatever the person’s position is called) who is—(i) a member of the governing body of the public authority; or(ii) concerned with, or takes part in, the public authority’s management.
8 Custody and preservation of public records
(1) A public authority is responsible for ensuring the safe custody and preservation of records in its possession.(2) Without limiting subsection (1) , an arrangement between a public authority and another person for the person to have…