Page 5738 - Week 13 - Thursday, 18 November 2010
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Territory Records Amendment Bill under consideration today was presented to the Assembly a couple of months ago. The bill proposes a range of amendments to ensure that the Territory Records Act continues to be an element of the open and accountable approach of government.
The amendments in the bill come from a review of the operations of the Territory Records Act and the government’s response to the review which I tabled in the Assembly on 1 July. Findings of the review, which was undertaken by Mr Paul Macpherson, an archivist and records manager, provided a positive overview of the current state of records management in the ACT but the review was still able to recommend some areas where improvements could and should be made. This legislative response to those recommendations constitutes this bill.
The bill contains a new purpose clause. It says, in effect, that the act should exist to support the management and operation of territory agencies, which is a clear indicator of the priority attached to effective records management within departments. Members of the Assembly will be well aware of the importance of the Executive Documents Release Act 2001. This is the act that enables the public to be given access to the decisions of cabinet.
An issue that came up in the public consultation and review of the Territory Records Act was why there were two pieces of legislation for giving access to what are, in effect, all territory records. Therefore, one of the most significant amendments in this bill brings together the provisions of the Executive Documents Release Act and those of the Territory Records Act, making the amended act the primary point of access for government records. Cabinet records are open at 10 years and other government records at 20 years, and they will be available for public access each year. Since the introduction of records management legislation in the ACT, the government has been keen for the Territory Records Act to become the key piece of legislation guiding the way for high standards in the management of the territory’s records.
There is a consequential amendment in the bill to the Legal Aid Act which will ensure that certain records of the Legal Aid Commission are managed in a way consistent with the Territory Records Act.
The amended act will also enable the ACT to transfer records, when required, to another jurisdiction. This may be when a person transfers to a position in another jurisdiction and the personal security file is required or where the ACT participates in a new initiative at a national level, such as the recently established Australian Health Practitioner Regulation Agency, where some ACT records will be required by that new agency.
I thank the scrutiny of bills and subordinate legislation committee for their comments in relation to the bill before the Assembly today. The committee made comments in a letter. Those comments have been addressed in the government’s response to the committee. Indeed, that was a response by my colleague Simon Corbell acting in the capacity of Minister for Territory and Municipal Services.
The government does have some minor amendments which I will move in a moment. The bill that we are debating today will ensure that the ACT has the best possible
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