Public Records Act

The new Public Records Act 2023 was passed by the Queensland Parliament in late November 2023.  However, the new Act does not commence until 5 December 2024.

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

Consultation on policy, guidelines and mandatory standards

We will be engaging with your agency to develop policies, guidelines, and mandatory standards to support the implementation of the Act.

Details of engagement activities will be released soon.

Changes to the Act

Significant changes in the new Act include:

• New principles outlining the importance of public records to First Nations peoples and of public records generally
• Establishment of a First Nations Advisory Group to advise the State Archivist
• Enabling 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)
• Requiring the transfer to the Archives for public records at risk of loss or damage in certain circumstances
• Enabling the State Archivist to issue mandatory recordkeeping standards for agencies
• Allowing the State Archivist to issue a direction to report to agencies to report on records and information management issues
• Enhanced powers for monitoring compliance with the Act
• 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.

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)