Records disposal freezes

Preventing the destruction of significant records

From time to time the National Archives prevents the destruction of a group of records. This is called a 'records disposal freeze'. A disposal freeze may be placed on records when the particular topic or event they document gains prominence or becomes controversial. After assessing the situation, the Archives may amend relevant records authorities to prevent agencies from destroying significant records.

Australian Government agencies can sentence records, using a current records authority, that are subject to a records disposal freeze, but cannot destroy them until the Archives either lifts the freeze or issues new instructions on when it is safe to destroy the records. If your agency decides to go ahead and sentence records that are subject to a records disposal freeze, you may need to review the sentence later when the Archives gives additional advice.

Current records disposal freezes

Currently there are disposal freezes on records relating to:

• records affecting the rights and entitlements of Aboriginal and Torres Strait Islander people
• eligibility to join a Commonwealth superannuation scheme 
• the Vietnam War 
• atomic testing conducted in Australian territories, including test sites and personnel associated with the testing.

Records affecting the rights and entitlements of Aboriginal and Torres Strait Islander people

The Archives has extended the scope of the Aboriginal and Torres Strait Islander records disposal freeze to include records relating to stolen wages. It is to include records relating to the payment or withholding of wages, pensions and allowances. It also includes records that contain information, policy or procedures about withholding wages, pensions or allowances from Aboriginal or Torres Strait Islander people between 1 January 1901 and 31 December 1989 or contain information about affected individuals.

This extension applies to records created between 1 January 1901 and 31 December 1989. If agencies have inherited relevant records created prior to this period, they should also be included.

Background

In 1991 the Royal Commission into Aboriginal Deaths in Custody found that the number of deaths was higher for Aboriginal people who had been separated from their families than for Aboriginal people who had not. The Commission recommended:

That Commonwealth, State and Territory governments provide access to all Government archival records pertaining to the family and community histories of Aboriginal people so as to assist the process of enabling Aboriginal people to re-establish community and family links with those from whom they have been separated as a result of past policies of the Government ...

In 1996 the National Archives implemented a freeze on the destruction of all records in its custody that could be of use to Indigenous people tracing their family and community connections.

In 1997 the Bringing Them Homereport of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families recommended:

That no records relating to Indigenous individuals, families or communities or to any children, Indigenous or otherwise, removed from their families for any reason, whether held by government or non-government agencies, be destroyed.

In its formal response to this report, the Government supported the indefinite freeze on the destruction of records which might be of assistance in Indigenous family reunions. In September 2000 the 1996 freeze was extended to cover records still in the custody of selected Australian Government agencies (pdf, 39kb).

In 2009, the Archives extended the scope of the disposal freeze on Aboriginal and Torres Strait Islander records. The extension covers records that contain information on policy or procedures about withholding wages, pensions or allowances from indigenous Australians between 1 January 1901 and 31 December 1989, or information about individuals affected by these policies and procedures. The Archives has provided a set of guidelines for agency staff (pdf, 636kb) in relation to this records disposal freeze.

Eligibility to join a Commonwealth superannuation scheme

The Archives, in consultation with the Department of Finance and Deregulation, has extended the disposal freeze on selected personnel and superannuation records until 31 December 2015. The Archives will provide guidance on strategies for managing records associated with the freeze, and will discuss any specific concerns with individual agencies.  For enquiries, please contact the Agency Service Centre or (02) 6212 3610.

More information about the records affected by the freeze is contained in the official Notice of Disposal Freeze (2010) (pdf, 850kb).

Summary of changes to the scope of the 2010 Notice:

• Include personnel and relevant superannuation records of permanent employees. 
• Limit the freeze to records of employees who were engaged prior to January 2000.
• Include relevant policy and administrative records of all agencies.
• Include records of medical examinations undertaken by temporary or Approved Authority employees for Superannuation Act purposes.

Background

Prior to 2000, some classes of Commonwealth employees were not required to join a superannuation scheme, but could elect to join. In April 2007 the High Court found the Commonwealth liable for damages because negligent advice about eligibility to join a scheme was given to one of these employees (the Cornwall case). These records may be needed in processing claims.

More information about the previous disposal freezes are contained in Notice of Disposal Freeze (2006) (pdf, 723kb) and Notice of Disposal Freeze (2008) (pdf, 3.02mb). 

The Vietnam War

In 1980 McMillan and Co, the law firm representing the Vietnam Veterans Action Association, wrote to the Prime Minister urging the preservation of all records that may pertain to the Vietnam War and persons who served in it. In response, the government issued a directive for a records disposal freeze on all records relating to the service in Vietnam of servicemen and public servants.

In particular, but not exclusively, the freeze covers records relevant to the study into the effects of herbicides and other chemicals on those who served in Vietnam. The freeze is not limited to particular types of records such as personal case files and applies to all types of records that may be relevant to future claims against the Commonwealth.

Atomic testing

Between 1952 and 1968 the British Government, with the agreement and support of Australia, carried out nuclear tests at three sites in Australia – Monte Bello Islands off the Western Australian coast, and Emu Field and Maralinga in South Australia. Both British and Australian personnel were present at these sites when testing was carried out.

In 1984, following growing public concern about the health effects of the nuclear tests, the Australian Government established a Royal Commission to investigate. To provide the Royal Commission with access to records relevant to its inquiries, the National Archives imposed a records disposal freeze on all records relating to the nuclear tests and the test sites (July 1984). This freeze remains in place today and relates particularly to records containing information about the following:

• test sites, including their construction, use, decontamination and dismantling
• operations conducted on the sites
• personnel serving on the sites
• personnel serving elsewhere in connection with the tests
• treatment or disposal of equipment used in connection with the tests, whether located on the sites or elsewhere.