Legislation: Archives Act 1983

Agency responsible: National Archives of Australia

The Act makes the National Archives responsible for:

• identifying the archival resources of the Commonwealth (that is, Commonwealth information of enduring value)
• preserving and making publicly available the archival resources of the Commonwealth
• overseeing Commonwealth recordkeeping, by determining standards and giving advice to Australian Government agencies

The Act also makes agencies responsible for:

• destruction, transfer, or alteration of Commonwealth records (Section 24), subject to National Archive's authorisation
• transfer of Commonwealth archives to the National Archives (Section 27)
• following records management requirements

Legislation: Archives Regulations

Agency responsible: National Archives of Australia

The Regulations require Australian Government agencies to keep, in writing, information relating to:

• the destruction of a Commonwealth record in that agency's custody
• the transfer of the custody or ownership of a Commonwealth record in that agency's custody
• damage to or alteration of a Commonwealth record in that agency's custody

Legislation: Senate Continuing Order for the production of departmental and agency file lists

Agency responsible: Senate

The order requires Australian Government agencies to publish lists of particular files created in a given 6-month period by:

• tabling in the Senate
• updating their website homepage

Relevant files include:

• policy
• development of legislation
• other matters of public administration

Case files or internal administration files such as for staff, accounts, and training do not need to be included.

The aim is to make the operations of government more transparent to the public.

Legislation: Public Governance, Performance and Accountability Act 2013

Agency responsible: Department of Finance

The Act details how Commonwealth entities should use and manage public resources, including Commonwealth records (Part 2-4).

The Act requires that:

• employees use information properly (Division 3-28)
• Australian Government agencies create and keep records to document their performance (Division 3-37)

Rules: Commonwealth Procurement Rules by the Department of Finance

Agency responsible: Department of Finance

The rules provide a framework that Commonwealth officials must follow when acquiring goods and services.

The aim of the legislation is to ensure Australian Government agencies have accountability and transparency in their procurement activities.

Part 7 of the rules, 'Accountability and transparency', refers to retaining documentation in accordance with the Archives Act and protecting the confidentiality of information.

Legislation: Public Service Act 1999

Agency responsible: Australian Public Service Commission

The Act sets out the Australian Public Service (APS) values and code of conduct.

The Act also gives guidance on records management, such as:

• the APS is open and accountable to the Australian community under the law and within the framework of ministerial responsibility (Section 10 (4))
• employees must comply with all applicable Australian laws in their APS role (Section 13 (4))
• employees must use Commonwealth resources in a proper manner (Section 13 (8))

Legislation: Public Service Regulations 1999

Agency responsible: Department of the Prime Minister and Cabinet

Based on the code of conduct within the Regulations, an Australian Public Service employee has a duty not to disclose information if the disclosure could be damaging to the effective working of government (Division 2.1).

Legislation: Australian Public Service Commissioner’s Directions 2022

Agency responsible: Department of the Prime Minister and Cabinet

The directions outline the Australian Public Service (APS) values.

They describe APS accountability and transparency in decision making (Section 16).

Legislation: Crimes Act 1914

Agency responsible: Attorney-General’s Department

The effect of the Act is to protect official information.

It sets out penalties for unauthorised disclosure, such as in the instance that:

• a person intentionally destroys or make inaccessible information known to be required as evidence in a federal judicial proceeding (Section 39)
• a Commonwealth officer publishes or communicates information gained by virtue of being a Commonwealth officer, unless authorised to do so (Section 70)
• a person receives or communicates official secrets (Section 79)

Legislation: Freedom of Information Act 1982

Agency responsible: Attorney-General’s Department

The Act, which applies to Australian Government ministers and most agencies, provides a right of access to most government-held documents, other than exempt documents.

It enables individuals to:

• request access to documents about themselves
• request access to other documents, such as concerning policy development and government decision-making
• seek amendment or annotation of personal records.

The Act also requires Australian Government agencies to publish their information publication scheme, including:

• which information they propose to publish
• how and to whom it publishes that information

It further requires agencies to publish 10 categories of information including the agency’s:

• structure
• functions
• operational information
• citizen engagement arrangements
• disclosure log registering information released in response to Freedom of Information (FOI) requests

For more information about the FOI Act, visit the website of the Office of the Australian Information Commissioner.

Legislation: Freedom of Information (Charges) Regulations 2019

Agency responsible: Office of the Australian Information Commissioner

The regulations set out the charges to be paid for searching for and retrieving official documents.

Legislation: Freedom of Information (Disclosure Log – Exempt Documents) Determination 2018

Agency responsible: Office of the Australian Information Commissioner

The determination exempts two categories of documents from the disclosure log required of Australian Government agencies or ministers. The Freedom of Information (FOI) Act requires the log to be made available to members of the public (Section 11C (3)).

The determination enables particular applicants to have access to:

• documents without publishing the documents more widely
• documents that might be exempt to other applicants, for example, due to secrecy provisions

Visit the Office of the Australian Information Commissioner website for more information about:

• FOI Disclosure log
• FOI determinations

Legislation: Privacy Act 1988

Agency responsible:

• Attorney-General’s Department
• Office of the Australian Information Commissioner

The Act regulates the handling of personal information about individuals, including:

• collection
• use
• storage
• disclosure

The Act also regulates the use and management of:

• Australian tax file numbers
• personal information for medical research
• credit information

The Act further requires that Australian Government agencies follow 13 Australian Privacy Principles (APPs) that cover:

• destruction or de-identification of personal information (APP 4 and 11)
• keeping accurate, up-to-date and complete personal information (APP 10)

For more information visit our page on the Australian Privacy Principles and Commonwealth records.

Legislation: Privacy Regulation 2013

Agency responsible: Office of the Australian Information Commissioner

The regulations require Australian Government agencies to take reasonable steps to destroy or de-identify personal information that they hold once it is no longer needed, unless exceptions apply.

It details the exceptions to the Australian Privacy Principles (APPs).

The regulations also list agencies that may use or disclose personal information.

Legislation: Legally binding guidelines and rules

Agency responsible: Office of the Australian Information Commissioner

Issued under the Privacy Act, the legislation covers the protection, use and disclosure of information relating to:

• tax file numbers
• credit research
• medical research

Legislation: Evidence Act 1995

Agency responsible: Attorney-General’s Department

The Act describes how documents, analogue or digital, must be presented as evidence before federal courts, including:

• original documents, as well as copies, extracts from, or summaries of, original documents (Section 48)
• the abolition of the original document rule (Section 51)
• Commonwealth records (Sections 155, 156 and 182)

Legislation: Fair Work Act 2009

Agency responsible: Department of Employment

The Act gives a framework for workplace relations.

It sets out employers’ obligations in relation to employee records (Section 535).

The Act also outlines a permit holder’s rights to:

• access and inspect records (Section 482)
• make copies of records or documents (Section 483)

More information about workplace rights and obligations under the Act is on the Fair Work Ombudsman’s website.

Legislation: Fair Work Regulations 2009

Agency responsible: Department of Employment

The regulations outline employers’ obligations in relation to employee records and payslips (Division 3, Subdivision 1).

It requires employers to:

• keep legible employee records and make sure they are readily accessible to an inspector (Regulation 3.31)
• help employees to inspect and copy their own records (Regulation 3.42)
• keep accurate records at all times (Regulation 3.44)

Legislation: Electronic Transactions Act 1999

Agency responsible: Attorney-General’s Department

The Act allows for the use of electronic transactions and enables business and community to use electronic communications in their dealings with government.

It makes a transaction valid even if it was an electronic communication (Section 8(1)).

The Act outlines requirements for electronic documents (Section 11) including:

• production
• integrity
• retention
• copyright

Legislation: Electronic Transactions Regulations 2000

Agency responsible: Attorney-General’s Department

The Regulations describe how to give or serve documents by electronic communication (Part 3).

Documents sent to an email address must be in a format that can be saved and printed (Section 10(4)).

Legislation: Data Availability and Transparency (DAT) Act 2022

Agency responsible:

The Office of the National Data Commissioner

The Act aims to promote availability and use of public sector data for specific purposes in the public interest.

The Act establishes:

• the role of the National Data Commissioner
• a scheme for authorised sharing of public sector data by Australian Government agencies with accredited users

For more information visit our page on the Data Availability and Transparency Act and Commonwealth records.