Territory Records Act 2002

This Act is the Territory Records Act 2002.

The main purposes of this Act are—

to encourage open and accountable government by ensuring that Territory records are made, managed and, if appropriate, preserved in accessible form; and

to support the management and operation of Territory agencies; and

to preserve Territory records for the benefit of present and future generations; and

to ensure that public access to records is consistent with the principles of the FOI Act.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘health record—see the Health Records (Privacy and Access) Act 1997, dictionary.’ means that the term ‘health record’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the offences against this Act.

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

This Act, except for the following provisions, does not apply to records that are health records:

section 16;

section 17;

section 19;

section 21.

This Act does not apply to records of the human rights commission in relation to—

a complaint made to the commission under the Health Records Act, section 18; or

the exercise of a function under the Human Rights Commission Act 2005 in relation to a complaint mentioned in paragraph (a).

This Act does not apply to records of the legal aid commission that relate to—

the provision of legal assistance to a person under the Legal Aid Act 1977, part 5 (Provision of legal assistance by commission); or

a negotiation process conducted under the Legal Aid Act 1977, part 5A (Dispute resolution).

Note Under the Legal Aid Act 1977, s 69B, the legal aid commission must have a records management program for records mentioned in s (3). The program is to be approved by the chief executive officer and a copy of the program given to the director (see Legal Aid Act 1977, s 69C).

In this Act:

agency means—

the Executive; or

the administrative unit; or

a statutory office-holder and the staff assisting the statutory office-holder; or

a territory authority; or

a territory instrumentality; or

a territory-owned corporation or a subsidiary of a territory‑owned corporation; or

the Office of the Legislative Assembly; or

an officer of the Assembly; or

the Supreme Court; or

the Magistrates Court or Coroner’s Court; or

the ACAT; or

a board of inquiry under the Inquiries Act 1991; or

a judicial commission under the Judicial Commissions Act 1994; or

the judicial council under the Judicial Commissions Act 1994, section 5A; or

a royal commission under the Royal Commissions Act 1991; or

an entity prescribed by regulation to be an agency.

In this Act:

principal officer, of an agency, means—

for the Executive—the head of service; or

for an administrative unit—the director-general of the administrative unit; or

for the Supreme Court, Magistrates Court, Coroner’s Court or ACAT—the chief executive officer appointed under the Court Procedures Act 2004, section 11A (1); or

for the Office of the Legislative Assembly—the clerk of the Legislative Assembly; or

for an officer of the Assembly—the officer; or

for a statutory office-holder and the staff assisting the statutory office-holder—the statutory office-holder; or

for a territory-owned corporation or a subsidiary of a territory‑owned corporation—the chief executive officer of the corporation or subsidiary; or

for a royal commission, board of inquiry, judicial commission or the judicial council (the body)—the director-general of the administrative unit that provides secretariat support to the body; or

for any other agency—the person prescribed by regulation to be the principal officer of the agency.

For this Act, a record of the Executive—

is a record under the Executive’s control or that it is entitled to control, kept as a record of its activities; and

includes a record created or received by a Minister as a member of the Executive; but

does not include a record—

relating to the Minister’s personal or political activities; or

created or received by the Minister only in the Minister’s capacity as a member of the Legislative Assembly.

For this Act, a record of an agency other than the Executive is a territory record under the agency’s control or to which it is entitled to control.

For this Act, a territory record is a record made and kept, or received and kept, by a person in the course of exercising a function under a territory law.

For this Act, records management, in relation to an agency, is the managing of records of the agency—

to meet its operational needs; and

to ensure its records are managed and, if appropriate, preserved in accessible form—

to allow public access to them consistent with the principles of the FOI Act; and

for the benefit of future generations.

Records management covers, but is not limited to, the creation, keeping, protection, preservation, storage and disposal of, and access to, records of the agency.

For this Act, an agency has control of a record if the agency has possession of the record.

For this Act, an agency is entitled to control a record if it is entitled to possession of the record.

This Act applies to a record of an agency whenever it was made.