Commissions of inquiry public records

Commissions of inquiry are required to comply with the Public Records Act 2023. This means you must make, manage and access public records of all business activities.

You should start making and managing public records from the moment the commission is established.

Commissions must also comply with the Records Governance Policy. This is designed to help public authorities meet their public recordkeeping obligations under the Act.

Public records made by Commissions of inquiry

Public records made by commissions may include:

• correspondence, emails, text messages, other electronic communications
• file notes and minutes of conversations and meetings with witnesses
• submissions
• administrative matters (e.g. staff remuneration, recruitment and leave, witness payments, third party service contracts)
• diaries and notebooks of commissioners and officers assigned to the commission
• discussion papers
• exhibits tendered
• police officers' notebooks
• delegations of authority issued by the commission
• evidentiary material (e.g. statements of interviews, investigation reports)
• Practice Directions
• rulings issued by the commission
• media releases, interviews or statements
• reports by the commission (e.g. final, interim and substantive drafts)
• websites
• documents, artefacts, photos and videos received from:
  • public authorities
  • local governments
  • other interested parties.

A Commissions of Inquiry Records and Information Handbook has been developed to help staff manage their public records and information.

Manage public records

While the commission exists, you must make, manage, classify, apply appropriate access controls and lawfully dispose of public records.

Classify public records

Classifying public records will:

• ensure they can be located when required
• contribute to the efficient running of the commission
• help identify retention periods
• determine when public records can be disposed.

You can develop a Business Classification Scheme (BCS) based on a suitable public authority's  recordkeeping system or by using the Commissions of Inquiry Retention and Disposal Schedule.

How long to keep public records

Public records that are unique to commissions of inquiry (such as exhibits tendered or a commissioner's notebook) can be sentenced using the Commissions of Inquiry Retention and Disposal Schedule. This schedule has been approved by the State Archivist for use by all commissions of inquiry.

Public records relating to general or common administrative functions of a commission, such as financial management or human resources, should be sentenced against the General Retention and Disposal Schedule.

Where possible, permanent and temporary public records should be maintained in separate series. For commissions of inquiry, public record classes in the relevant retention and disposal schedule can be used to identify different series.

Permanent hard copy public records may be transferred to Queensland State Archives (QSA) towards the end of the commission or immediately following its conclusion.

You can dispose temporary value public records once the minimum retention period expires.

Preparing public records for handover to the receiving entity

Before the commission is finalised, you will need to prepare public records for handover to the receiving entity, usually the Department of Justice and Attorney-General.

The Commissions of Inquiry Records and Information Handbook outlines a number actions you will need complete. You will need to work together to ensure the public records are effectively managed.

Assign responsibility for public records of a finalised inquiry

When a commission is finalised and you have prepared all the public records for handover, you, as the original public authority must give control of the commission's public records to the receiving entity. If the original public authority is a commission of inquiry under the Commissions of Inquiry Act 1950, control of the public records must be given to the department with responsibility for administering that Act (currently the Department of Justice) unless the regulation prescribes a different public authority.

QSA will:

• identify the receiving entity to take control of the public records, usually the Department of Justice
• consult with the receiving entity about taking on responsibility
• provide written advice confirming the agreed arrangements.

Public records of a former commission of inquiry become public records of the receiving entity once the commission ceases to exist.