Public Records Act 2002 (Qld)

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

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.

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…