How to Set Restricted Access Periods for Public Records

Under Section 16 of the Public Records Act 2002, a responsible public authority that transfers public records to Queensland State Archives (QSA) must classify its records (according to the content) and give a written notice to the State Archivist about the restricted access period for the records. It is the intent of the Act that public records eventually become available for public access.

What is a restricted access period (RAP)?

A RAP for a public record is that period of time during which a person may not obtain access to a public record in the custody of QSA except by application under the Right to Information Act 2009 or with agency authorisation.

A RAP starts on the day the record is made and ends on the day stated in a written notice given by the responsible public authority to the State Archivist.

RAPS are described in s.16 of the Public Records Act 2002. The framework of RAPS is aligned to certain exemption categories in the Right to Information Act 2009 and the Information Privacy Act 2009.

Schedule 3 s.1 Cabinet matter and s.2 Cabinet information
Schedule 3 s.3 Executive Council Information
Schedule 3 s.7 Information subject to professional legal privilege
Schedule 3 s.8 Information disclosure of which would found action for breach of confidence
Schedule 3 s.9 National or State Security information
Schedule 3 s.10 Law enforcement or public safety information
s.12 Information Privacy Act 2009 Meaning of personal information

A RAP cannot cover an indefinite period. A RAP can extend from:

0 to 30 years after the day of last action
0 to 65 years for records potentially exempt under Schedule 3 ss.7, 8, 9, 10, of the Right to Information Act 2009
Executive Council and Ministerial records have a minimum RAP of 30 years
Cabinet records have a minimum RAP of 20 years

What does "responsible public authority" mean?

The responsible public authority is:

the public authority that gave the public record to the archives, or
if the public authority that gave the record no longer exists, but there is another public authority carrying out the functions of the former authority - the other authority, or
the record relates to a function or power of a public authority that has been transferred to another public authority - the other authority.

What is the day of last action?

The last action on a record is taken to be a transaction fixed by date and recognised as the last administrative action for which the record provides evidence. It is not related to the action of accessing a record for research purposes or transferring the record.

Who sets a RAP?

The Chief Executive Officer or an authorised delegate of the responsible public authority sets the RAP and signs the written notice.

When is a RAP set?

A RAP is prepared before public records are transferred to QSA.

How to set a RAP

Examine the content of the public records at the series level to determine if they would be potentially exempt under the Right to Information Act 2009 and the Information Privacy Act 2009.
Refer to Schedule 3 ss.1, 2, 3, 7, 8, 9, 10 of the Right to Information Act 2009 and s.12 of the Information Privacy Act 2009.
Classify the records according to exemption category and discuss possible RAPs with staff of QSA
Refer to s.16 of the Public Records Act 2002 to determine an appropriate RAP for the records
Set the RAP at the series level
If there are exceptions, a RAP can be set at the file, folder, item or document level
Prepare and sign a written notice for the records, and provide it to QSA. (A standard form from QSA is available for this purpose).

Changing an existing RAP

A public authority may change an existing RAP by giving a new written notice to the State Archivist under s.19 (2) of the Public Records Act 2002. To be valid, the new RAP must be consistent with the Act.

What if we disagree?

The State Archivist may ask a responsible public authority to review or change a RAP. If agreement cannot be reached after negotiation either party may refer the issue to the Public Records Review Committee for resolution. QSA will provide advice on how to prepare submissions.

Regulations

A regulation is required to restrict access beyond 100 years if the records contain information concerning the personal affairs of a person and beyond 65 years if the records relate to law enforcement and public safety. Refer to sections 18(4) and 18(5) of the Public Records Act 2002 for guidance. It must be shown that access to the records would not, on balance, be in the public interest.

For further information, please contact:
The Manager, Archival Collections
Queensland State Archives
Phone: (07) 3131 7777

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Last Updated: Tuesday, 8 September 2009