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Recordkeeping

Public Records Act

The new Public Records Act 2023 (the Act) was passed by the Queensland Parliament in late November 2023 and will commence by proclamation on 5 December 2024.

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

The Public Records Act 2002 has been modernised and strengthened to improve government recordkeeping, bringing it into the digital era and ensuring it remains a robust and effective framework for years to come. The new Public Records Act 2023 aims to:

  • Provide greater clarity about recordkeeping requirements to public authorities through introduction of mandatory standards and supporting guidelines
  • Promote First Nations perspectives and advice through establishment of a First Nations Advisory Group and inclusion of principles relating to First Nations records
  • Support contemporary digital public sector services
  • Recognise the value of information as an asset
  • Help protect our records, particularly records of enduring value to Queensland.

  • Establishment of a First Nations Advisory Group to advise the State Archivist on management and access of public records relating to Aboriginal peoples and Torres Strait Islander peoples
  • A provision for the State Archivist to issue mandatory standards on matters regulated by the Public Records Act 2023
  • Changes to monitoring and auditing powers, including a new ability for the State Archivist to issue a notice to report on records and information management issues
  • Requirement for public authorities to respond to access requests to restricted records within 35 business days and a new review mechanism for refusal of access to restricted public records
  • A provision to direct transfer of public records to Queensland State Archives for public records at risk of loss or damage, in certain circumstances
  • A new offence for the attempted unlawful disposal of public records
  • A provision for the State Archivist to issue a protection notice in certain circumstances, which has the effect of temporarily suspending a disposal authorisation for a class of public records
  • New principles for public authorities to guide how public records should be managed and accessed with care to support the rights of Aboriginal peoples and Torres Strait Islander peoples
  • Longer time periods for the commencement of prosecution of specific offences, including unlawful or attempted unlawful disposal of a public record
  • A provision for the State Archivist to refuse access or restrict access for more than 100 years to public records in archival custody in certain circumstances, including when not in the public interest and if access would inappropriately reveal culturally sensitive information or personal information
  • Simplified arrangements for determining a responsible public authority when a public authority ceases to exist
  • Updates to definitions, including ‘format-agnostic’ definitions of ‘public record’ and ‘disposal’ to reflect the contemporary recordkeeping environment and provide more flexibility and adaptability in recordkeeping practices.

Although all provisions of the Act commence on 5 December 2024, a three-year program of work is underway to support public authorities in implementing the Act :

Graphic showing the three year plan of implementing the new act.

All the provisions in the Public Records Act 2023 commence on 5 December 2024.

While all public authorities must comply with the requirements of the new Act, the State Archivist will not immediately issue specific mandatory standards. Instead, QSA is developing key mandatory standards and accompanying guidelines and will be consulting with public authorities on those documents in late 2024 and 2025.  Mandatory standards are not anticipated to commence until after mid-2025.

The existing Records governance policy will continue to apply until the mandatory standards are issued by the State Archivist.

To prepare for the Public Records Act 2023 commencement on 5 December, it is recommended that public authorities:

  • Continue to comply with the Records governance policy and Public Records Act 2002 until the new mandatory standards are issued
  • Continue to comply with the Ministerial records policy (for Ministers and Assistant Ministers only)
  • Ensure that the delegate details for making decisions to access restricted records in QSA custody are up to date
  • Ensure delegates understand the new requirements relating to access requests, including the need to make access decisions within 35 business days
  • Ensure delegates understand potential reviews of access decisions may be referred by either the State Archivist or their public authority to the Public Records Review Committee where agreement on access cannot be reached
  • Review and prepare to update information to reflect the new Public Records Act 2023 on your public authority’s website, training and other information
  • Get involved in QSAs information and consultation sessions, including webinars about the implementation of the Act
  • Keep an eye out for emails from QSA (for public authority executives, chief information officers and records/information managers). You can update your public authority's contacts via  public authority executive contact list and records management contact list
  • Keep up to date by subscribing to our agency newsletter
  • If you haven’t already, please familiarise yourself with the Public Records Act 2023.

To support the implementation of the Public Records Act 2023, QSA will hold a range of information and consultation sessions, as well as training and education activities.

Upcoming activities include:

A range of other communication activities will be undertaken leading up to 5 December 2024, including community of practice meetings, targeted emails to public authority contacts, regular updates via QSAs agency newsletters, and other forums.

To ensure that you stay up to date on Public Records Act implementation, we recommend:

QSA is developing a range of Public Records Act 2023 implementation advice and resources to support public authorities to transition to the new legislation, these include:

  • Fact sheets, frequently asked questions, and training and education materials
  • Information sessions, consultation sessions and training.

These resources will be communicated via the Public Records Act 2023 website (this page), QSAs agency newsletter, webinars and emails to QSAs records management contacts.

Act implementation key documents

Act review key documents

Contact us

If you have any questions or require more information on the Public Records Act 2023 please contact us by emailing rkqueries@archives.qld.gov.au.

Last updated:
14 November 2024