1 Name of Act
2 Commencement
3 Definitions
4 Aboriginal objects excluded from operation of Act
5 Application of Act to State collecting institutions
6 Meaning of “control” of a record
7 Meaning of public office “responsible” for a record
8 State records transferred to private successor of public office
Part 2 Records management responsibilities of public offices
9 Application of Part to Governor, Parliament and courts
10 Chief executives to ensure compliance with Act
11 Obligation to protect records
12 Records management obligations
13 Standards and codes of best practice for records management
14 Obligation to maintain accessibility to equipment/technology dependent records
15 Authority entitled to access to records
16 Chief executive in special cases
17 Disputes between Authority and public offices
18 Special arrangements for public offices exercising inter-government functions
19 Records storage facilities and other services
20 Reports by Authority about compliance
Part 3 Protection of State records
21 Protection measures
22 Normal administrative practice
23 Permission for sale of privately owned records cannot be refused unless Authority has offered to buy
24 Consent of public office required before records can be disposed of
25 Special provision for records concerning Aboriginal heritage
Part 4 Authority entitled to control of State records not currently in use
26 Application of Part to Governor, Parliament and courts
27 Authority’s entitlement to State records no longer in use
28 Records more than 25 years old presumed not in use
29 Records required to be made available to Authority
30 How the Authority takes control of a record
31 Authority not required to take control of records
32 Authority can be required to take control of records in some cases
33 Authority’s entitlement to control does not affect other interests in State records
34 Secrecy and other duties do not prevent compliance with this Part
35 Public office entitled to return of records if needed
36 Arrangements for other persons to have possession/custody of State archives
36A Arrangements to facilitate copying, publication and access to State archives
Part 5 Recovery of estrays and other State records
37 Meaning of “estray”
38 Presumption that State records are owned by the State
39 Power to inspect records believed to be estrays
40 Directions for protection of estrays
41 Directions and assistance to public offices for recovery of estrays
42 Court action to recover estrays
43 No limitation period on action to recover estrays
44 Arrangements for protecting estrays in private hands
45 Power of Authority to obtain State records of archival significance
46 Directions to protect State records of archival significance
47 Authority can acquire State records
48 Application of estray law in and of other jurisdictions
Part 6 Public access to State records after 30 years
49 Application of Part to Governor, Parliament and courts
50 Open access period for records
51 Access direction must be given for records in the open access period
52 Deciding whether to open or close records to public access
53 Secrecy provisions do not apply after 30 years
54 Application to open records to public access
55 Procedures for giving and revoking access directions
55A Review of access directions by responsible Minister
56 Access still available under Government Information (Public Access) Act 2009
57 Public office may authorise earlier public access
58 Arrangements for special access
59 Withholding access to ensure proper care of records
60 The giving of access
61 Register of access directions
62 Protection from liability when access given
Part 7 The Authority and the Board
63 Establishment of the Authority
64 Ministerial control
65 Director to manage and control affairs of the Authority
66 Principal functions of the Authority
67 Delegation of functions
68 (Repealed)
69 Establishment of Board
70 Functions of the Board
71 Director may attend meetings of Board
72 Injunctions to prevent contravention of Act
73 Authority’s duty of confidentiality
74 Personal liability
75 Copying and publishing of State archives
76 Copyright in State archives
77 Certificate as to loss or destruction of State record
78 Proceedings for offences
78A Transferred provision—Olympic Environmental Legacy Archive
79 Savings and transitional provisions
80 (Repealed)
81 Regulations
82 Review of Act
Schedule 2 Provisions relating to constitution and procedure of the Board