State Records Act 2000 (WA)

Western Australia

Western Australia

State Records Act 2000

An Act to provide for the keeping of State records and for related purposes.

This Act may be cited as the State Records Act 2000.

• (1)

  This Act comes into operation on a day fixed by proclamation.

• (2)

  Different days may be fixed under subsection (1) for different provisions.

• (1)

  In this Act — 

authorised applicant, in relation to an application to the Commission, means a person authorised under section 4 to make the application;

Commission means the State Records Commission established by section 57;

control, in relation to a record, means the responsibility for keeping it but does not include the responsibility for creating it;

destroy, in relation to a record, means to deal with the record — 

• (a)

  so that any or all of the information recorded or stored on it is obliterated or rendered illegible or irrecoverable; or

• (b)

  so that it can not convey a meaning in a visible, audible or recoverable form;

Director means the Director of State Records referred to in section 70;

exempt recordmeans a record —

• (a)

  control of which is given by a State organisation to another person in the course of the organisation’s operations;

• (b)

  that is part of publicly available library material held by a State organisation for reference purposes;

• (c)

  that was not created by a State organisation and that is part of the collection of a State collecting institution;

FOI Actmeans the Freedom of Information Act 1992;

government organisation means an organisation in Schedule 1 but does not include an organisation in Schedule 2;

government organisation employee means —

• (a)

  a person who, whether or not an employee, alone or with others governs, controls or manages a government organisation; or

• (b)

  a person who, under the Public Sector Management Act 1994, is a public service officer of a government organisation; or

• (c)

  a person who is engaged by a government organisation, whether under a contract for services or otherwise,

and includes, in the case of a government organisation referred to in item 5 or 6 of Schedule 1, a ministerial officer (as defined in the Public Sector Management Act 1994) assisting the organisation;

government record means a record created or received by —

• (a)

  a government organisation; or

• (b)

  a government organisation employee in the course of the employee’s work for the organisation,

but does not include an exempt record;

keep, in relation to a record, has the meaning affected by subsection (2);

parliamentary department means a department that is deemed to have been constituted in relation to the administration of Parliament for the purposes of the Financial Management Act 2006 by regulations made for the purposes of section 5(1) of that Act;

parliamentary record means a record created or received by —