Changes to the Public Records Act 2023 – are you prepared?
On the 5th December 2024, the Public Records Act 2002 (Qld) was replaced the Public Records Act 2023 (Qld) (the Act).
The changes directly impact how all Queensland public service agencies, and the State Archivist, manage and access public records, with the ultimate aim being to improve government recordkeeping in line with the digital age.
The new Act was legislated in response to an independent review of the Public Records Act 2002 (Qld) and aims to support contemporary digital service delivery within the Queensland public sector through providing new mandatory standards. Some of the other key focus areas include;
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- Recognising information as an asset
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- Protecting and valuing records throughout their entire lifecycle
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- Promoting First Nations perspectives and advice through the establishment of a First Nations Advisory Group and inclusion of principles relating to First Nations records.
It’s critically important that public authorities understand what the key changes are and how they will be impacted.
Some of the key changes to the Act include:
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- Additional monitoring and auditing powers for the State Archivist to issue a notice to report on records and information management issues
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- A new offence for public records that have attempted unlawful disposal including longer time periods for the commencement of prosecution of specific offences.
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- Requirements for public authorities to respond to access to restricted public records within 35 business days, with additional review mechanisms.
What does it mean for public authorities?
Implementation of the Act will continue over a three-year period from 2024-2026. The Implementation Plan focuses on developing and consulting, implementing, and supporting and monitoring the changes.
Mandatory standards will be issued by the State Archivist in mid 2025. Public authorities will have the opportunity to consult with Queensland State Archives on drafts of the mandatory standards and guidelines. They are also required to review and update details on both internal and external facing websites, information and training to reflect the requirements in the Act.
Are you prepared for the changes?
Now is the time to ensure your current recordkeeping practices and processes are up to date to ensure a seamless adoption of the new requirements.
The following steps will help organisations prepare for the changes:
Review Records Governance Policies
- Be prepared to update your records governance policy and associated processes to ensure it reflects the changes to the legislation and new mandatory changes.
Contemporary approaches to recordkeeping
- Consider how records can be best managed without disrupting modern, decentralised workflows by integrating recordkeeping requirements with existing systems and business processes.
Update Information Asset Registers
- Review and update your information asset register, ensuring it reflects current assets and is managed in line with governance policies and procedures.
Ensure Retention and Disposal Compliance
- Verify that retention and disposal policies are being followed and that schedules are accurate and up to date.
Digitise Physical Records and Dispose Appropriately
- Consider the ROI on the digitisation of active physical records and securely dispose of temporary physical copies in accordance with policies.
How GWI can help
GWI can assist departments to convert the legislative requirements into pragmatic actions and identify any risks involved in the changes. We can help your department navigate and remediate any outstanding issues or future state needs for your records practices.
