Queensland Consolidated Acts

PUBLIC RECORDS ACT 2002

- As at 1 March 2023 
- Act 11 of 2002 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purposes
   4.      Definitions
   5.      Act binds the State

   PART 2 - PUBLIC RECORDS

           Division 1 - Preliminary

   6.      What is a public record

           Division 2 - Making, managing, keeping and preserving public records

   7.      Making and keeping of public records
   8.      Custody and preservation of public records
   9.      Ownership of public records
   10.     Public records more than 25 years old
   11.     Transfer of other public records to archives
   12.     Special protection of public records over 30 years old
   13.     Disposal of public records
   14.     Public authority must ensure particular records remain accessible

           Division 3 - Access to public records

   15.     Meaning of responsible public authority
   16.     Meaning of restricted access period
   17.     Application for access to public records
   18.     Public access to public records
   19.     Reviewing and changing responsible public authority’s notice about access
   20.     Forms of access

   PART 3 - STATE ARCHIVIST AND QUEENSLAND STATE ARCHIVES

           Division 1 - General

   21.     State Archivist and Queensland State Archives
   22.     Appointment of archivist and staff
   23.     Control of the archives

           Division 2 - Functions and powers

   24.     Functions of archivist
   25.     Powers of archivist
   26.     Archivist may authorise disposal of public records
   27.     Independence in relation to disposal decisions
   28.     Arrangements for storage of records outside archives

           Division 3 - Public Records Review Committee

              Subdivision 1 - Establishment

   29.     Public Records Review Committee
   30.     Chairperson
   31.     Term of office for committee members
   32.     Resignation

              Subdivision 2 - Committee proceedings

   33.     Time and place of meetings
   34.     Conduct of proceedings
   35.     Participation in meetings by telephone etc.
   36.     Minutes
   37.     Committee member’s duty about committee’s deliberations
   38.     Archivist may attend committee meetings

              Subdivision 3 - Committee’s review of archivist’s decisions

   39.     Application for review of archivist’s decision about disposal
   40.     Archivist to provide reasons
   41.     Decision by committee

           Division 4 - Miscellaneous

   42.     Delegation

   PART 4 - POWERS OF ENFORCEMENT

           Division 1 - Authorised officers

   43.     Appointment of authorised officer
   44.     Identity card
   45.     Production or display of authorised officer’s identity card

           Division 2 - General powers

   46.     Power of entry and inspection
   47.     Public authority to comply with request
   48.     Obstruction of authorised officer

           Division 3 - Specific powers

   49.     Recovery of public records
   50.     Reciprocal agreements

   PART 5 - MISCELLANEOUS

   51.     Secrecy provisions in other laws
   52.     Application of Act to certain of Governor’s records
   53.     Protection against actions for defamation or breach of confidence
   54.     Protection from civil liability
   55.     Evidence in legal proceedings
   56.     Annual report
   57.     Regulation-making power
   58.     Libraries and Archives Act 1988 references

   PART 6 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provisions for Public Records Act 2002

   59.     State Archivist to continue in position
   60.     Notice for recovery of public records
   61.     Existing notices about access to public records

           Division 2 - Transitional provisions for Information Privacy Act 2009 and Right to Information Act 2009

   62.     Omitted references to Freedom of Information Act 1992
   62A.    Establishing restricted access period for record made before commencement

           Division 3 - Transitional provisions for Hospital and Health Boards Act 2011

   62B.    Definitions
   62C.    Responsible public authority for public record

   PART 7 - VALIDATION PROVISION

   63.     Validation of certain actions
           SCHEDULE 2