Public Records Bill 2023
Plain English Summary
Overview
This bill replaces the Public Records Act 2002 with a modernised law governing how Queensland's government records are created, managed and made accessible to the public. It updates definitions to cover digital records, strengthens protections against unlawful destruction of records, and recognises the importance of public records for Aboriginal peoples and Torres Strait Islander peoples.
Who it affects
Government agencies and local councils must meet new recordkeeping standards. The public benefits from clearer rules about when government records become accessible, and First Nations communities gain dedicated advisory structures for records about their peoples.
Key changes
- Replaces the 2002 Act with a new framework that explicitly covers digital records including metadata, algorithms and audit logs
- Creates a First Nations Advisory Group to advise on managing and accessing records relating to Aboriginal peoples and Torres Strait Islander peoples
- Introduces a new offence for attempted unlawful disposal of public records, with a maximum penalty of 165 penalty units
- Extends the time limit for prosecuting unlawful disposal from one year to three years
- Establishes defined restricted access periods (20 to 100 years depending on sensitivity) with a default of open access for records held by Queensland State Archives
- Gives the State Archivist power to issue protection notices to suspend disposal of records needed for commissions of inquiry or the Truth-telling and Healing Inquiry
- Empowers the State Archivist to set mandatory records management standards and audit public authorities for compliance
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Oct 2023View Hansard
Referred to Community Support and Services Committee
The Community Support and Services Committee examined the Public Records Bill 2023 over six weeks, receiving 12 submissions and holding a public hearing with key stakeholders including the Australian Society of Archivists, the Office of the Information Commissioner, and the Interim Truth and Treaty Body. The committee recommended the bill be passed, noting its pro-disclosure approach to public records management and its recognition of the unique significance of First Nations peoples' records. The committee also flagged the need for further work on Indigenous Data Sovereignty. The LNP members filed a statement of reservation.
Key findings (5)
- The bill establishes a modern framework for making, managing and accessing public records, replacing the Public Records Act 2002 with a pro-disclosure approach reflecting contemporary expectations around transparency and accountability.
- The bill formally recognises the unique value of Aboriginal and Torres Strait Islander peoples' knowledge and acknowledges that First Nations public records may be sensitive, offensive or inaccurate, and may have been used in ways that disrupted cultural practices and communities.
- A First Nations Advisory Group would be established by the State Archivist to guide the management of records relating to Aboriginal and Torres Strait Islander peoples, including supporting truth-telling and treaty negotiations.
- Stakeholders including the Australian Society of Archivists, RIMPA, the Office of the Information Commissioner, and the Interim Truth and Treaty Body provided evidence during the committee's public hearing.
- The Queensland Government supported both committee recommendations, acknowledging that further work is required on establishing Indigenous Data Sovereignty.
Recommendations (2)
- The committee recommends the Public Records Bill 2023 be passed.
- The committee notes the further work needed towards establishing Indigenous Data Sovereignty and recommends the Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts inform the committee of any progress.
Committee report tabled
▸Second Reading29 Nov 2023View Hansard
▸13 members spoke12 support1 mixed
As Minister for Treaty and Aboriginal and Torres Strait Islander Partnerships, delivered the reply speech defending the Public Records Bill as a necessary modernisation of 20-year-old records legislation. Emphasised the bill's provisions for First Nations advisory involvement and pro-disclosure access to public records.
“This new bill sets a precedence for modern records management and is needed to address the changes that have occurred during the last two decades.”— 2023-11-29View Hansard
As Minister for Treaty, introduced the Public Records Bill to modernise the records management framework, recognise the importance of records for First Nations peoples, and implement the Byrne review recommendations.
“This bill will replace the current Public Records Act 2002 with modernised records management legislation, drafted in line with contemporary practice including reflecting the contemporary, diverse and dynamic digital landscape we now operate in.”— 2023-11-28View Hansard
Supported the bill but criticised the government for the delays in bringing it forward, noting the bill's origins in the 'mangocube' scandal involving Minister Bailey's private email use and deletion of public records. Called for greater independence for the State Archivist.
“The Public Records Bill represents a significant step forward in the realm of public records management. While addressing critical issues and incorporating valuable recommendations, it is crucial that we continue to scrutinise and refine this legislation to ensure the highest standards of accountability, integrity and transparency.”— 2023-11-28View Hansard
Did not oppose the bill but emphasised it was necessary because of Minister Bailey's mangocube email scandal and the lack of accountability that prompted the review.
“We are here today because we have a Public Records Act that needs to be changed because, as has been found, a minister of the Palaszczuk government used his own private email.”— 2023-11-28View Hansard
Did not oppose the bill but strongly criticised the government over the mangocube scandal, the bullying of the former State Archivist, and argued the bill does not go far enough to entrench the State Archivist's independence.
“We still have not seen the culture of cover-up by this government addressed. We still have not seen the culture of bullying of those who dared to have a different opinion addressed.”— 2023-11-28View Hansard
Supported the general context of the bill but expressed reservations about the adequacy of provisions for the State Archivist's independence, arguing a separate State Archivist Act is needed similar to the Auditor-General Act.
“I am not fully convinced that they are adequate or fit for purpose and hence I have real reservations.”— 2023-11-28View Hansard
As committee chair, supported the bill's modernisation of record-keeping requirements, especially the digital ecosystem provisions and the important role for First Nations history and truth-telling.
“The aspect of the act that deals with data sovereignty and First Nations history is going to be a really important step for us as Queenslanders in determining the true history of Queensland.”— 2023-11-28View Hansard
Supported the bill as a genuine improvement on the status quo, particularly the creation of a First Nations advisory group. Welcomed the Attorney-General's indication to remove the letters patent exclusion.
“I do not think you can speak to this bill without at least saying the word 'mangocube', but I leave it at that.”— 2023-11-28View Hansard
Supported the bill's proposals to recognise the importance of First Nations peoples' knowledge and establish a First Nations Advisory Group.
“If passed, the bill would provide principles for public records relating to Aboriginal and Torres Strait Islander peoples, establish a First Nations Advisory Group to work with State Archives and ensure membership of the Public Records Review Committee includes at least one Aboriginal person and one Torres Strait Islander person.”— 2023-11-28View Hansard
Supported the Public Records Bill as a necessary modernisation following the Byrne review.
“Rather than amending the act, a new bill has been developed to provide greater flexibility for drafting changes and improving overall outcomes for modernisation, clarity and consistency.”— 2023-11-28View Hansard
Did not oppose the bill but raised concerns about the government being slow to act on the State Archivist's calls for change since 2017, and that the bill does not give the State Archivist the same independence as other integrity officers.
“The bill does not give the State Archivist the same independence as other integrity officers, such as the Auditor-General, the Integrity Commissioner or the Queensland Ombudsman.”— 2023-11-28View Hansard
Supported the Public Records Bill for its recognition of the importance of records for Aboriginal and Torres Strait Islander peoples and its increased penalties for undermining transparency.
“Under both bills, there will be new penalties for those who seek to undermine the transparency and accountability that the Palaszczuk Labor government is committed to maintaining and strengthening.”— 2023-11-28View Hansard
Supported the bill, sharing a personal anecdote about how public records helped uncover potential domestic violence in her family history, and emphasised the importance of the bill for First Nations justice and truth-telling.
“I am proud to be a member of a government that is committed to truth-telling here in Queensland, that we are brave enough as a government and brave enough as people to embark on a path that is going to at times be deeply uncomfortable and unforgettable.”— 2023-11-28View Hansard
▸In Detail29 Nov 2023View Hansard
Government amendments Nos 1 to 3 to the Public Records Bill, comprising minor technical corrections: changing 'Office of State Archives' to 'Office of the Queensland State Archives' in clause 106, and removing two erroneous references to the term 'repealed' when referencing the Libraries Act 1988.