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Recordkeeping

Public Records Act

Standards, policies and guidelines that apply now

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 continue consulting with public authorities on those documents in 2025.  Mandatory standards are not anticipated to commence until after mid-2025.

The Records governance policy has been re-made under the Public Records Act 2023 and will continue to apply until the mandatory standards are issued by the State Archivist. Requirements in the policy have not changed. However, administrative changes have been made to include references to the new Act and relevant sections, replacing references to “agencies” with “public authorities”, replacing references to “create” with “make” and including the definition of a permanent value record.

The Records governance policy implementation guideline has been converted to Implementing the Records governance policy advice. Minor changes have been made to the Records governance policy assessment tool to reflect the changes in the Records governance policy.

The State Archivist has re-made the Ministerial records policy (PDF, 236.2 KB) .  Requirements in the policy have not changed. However, administrative changes have been made (e.g. to include references to the new Act and changes to definitions).

The State Archivist has also issued a revised Appraisal Statement stating criteria for identifying public records appropriate for retention in the custody of the archives.

On 5 December 2024, the State Archivist revoked the following:

Revoked standard/guideline

Refer instead to

Queensland recordkeeping metadata standard and guideline

National Archives of Australia Australian Government Recordkeeping Metadata Standard and Office of the National Data Commissioner Guide on Metadata Attributes until included as outcome-based principle in mandatory standard(s)

Records governance policy implementation guideline

Implementing the Records governance policy advice

Dispose of source records guideline

Dispose of source records advice

Building and information modelling (BIM) guideline

Building and information modelling (BIM) records advice

Proactive protection of vulnerable persons guideline

Vulnerable persons records management toolkit advice

Please remember, the following continue under the new Act:

  • Existing restricted access notices.
  • Retention and disposal schedules and disposal authorisations  in effect immediately before 5 December 2024.
  • Applications to access restricted records made under the Public Records Act 2002 before 5 December 2024.
  • Relevant and responsible public authorities set in the Public Records Regulation 2014.

The legislative framework under the Public Records Act 2002 has been modernised and strengthened to improve government recordkeeping, bringing it into the digital era and ensuring it remains robust and effective 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.
  • Public authorities must notify Queensland State Archives of records in their custody that are at risk of loss or damage under s21(b) of the Public Records Act 2023. This requirement applies to records the public authority knows, or ought reasonably  to know, are of permanent value (regardless of age). All public authorities should ensure that they notify the State Archivist of permanent records at risk of loss or damage no later than 31 March 2025.

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

Three year plan

Is your public authority ready for the Public Records Act 2023?

Public authorities need to:

  • Comply with the Records governance policy until the new mandatory standards are issued
  • 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
  • Have reviewed and updated information to reflect the new Public Records Act 2023 on your public authority’s website, training and other information (including the Recordkeeping and you eLearning by QSA with updated references to the new Act)

It is recommended that public authorities continue to:

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

Upcoming activities include:

Consultation sessions

Provide feedback on Queensland State Archives' (QSA) approach to mandatory standards and mandatory standard one using this dedicated survey if you were unable to attend an earlier online consultation session.

Consultation on draft mandatory standards and supporting guidelines will continue in 2025. Details will be provided here as they become available.

Register your interest.

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

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

Public authorities must notify Queensland State Archives of records in their custody that are at risk of loss or damage under s21(b) of the Public Records Act 2023. This requirement applies to records the public authority knows, or ought reasonably to know, are of permanent value (regardless of age).

Records may be at risk of loss or damage due to factors such as age, format, software obsolescence or storage conditions. For instance, hard copy records stored in a facility prone to flooding, or digital records in a system scheduled for migration or decommissioning may be particularly vulnerable. QSA is committed to working with your public authority to ensure public records are properly preserved and protected.

If permanent value records are in imminent danger of being lost or damaged, public authorities must notify the State Archivist as a matter of urgency to protect the records. Otherwise, all public authorities should ensure that they notify the State Archivist of permanent records at risk of loss or damage no later than 31 March 2025.

To report records at risk of loss or damage, email discovery@archives.qld.gov.au.

It may be appropriate for such records to be transferred to QSA. See our Transfer of at-risk records advice for more information.

For information on record protection please review the following: Maintain physical records, Maintain digital records, and Risk and disaster management for records.

QSA has developed 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 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:
5 December 2024