Document nonexistent or unlocatable

In force

(1)

For section 47(3)(e), a document is nonexistent or unlocatable if—

(a)

the agency or Minister dealing with the application for access is satisfied the document does not exist; or

Example—

a document that has not been created

(b)

the agency or Minister dealing with the application for access is satisfied—

(i)

the document has been or should be in the agency’s or Minister’s possession; and

(ii)

all reasonable steps have been taken to find the document but the document can not be found.

Examples—

• a document that has been lost

• a document that has been disposed of under a disposal authorisation given by the State Archivist under the Public Records

Act 2023

Note—

Under the Public Records

Act 2023, section 23, it is an offence to dispose of a public record without authorisation.

(2)

Before an agency or Minister may be satisfied under subsection (1)(a) that a prescribed document does not exist, a search for the document from a backup system is required, but only if the agency or Minister considers the document has been kept in, and is retrievable from, the backup system.

(3)

Subject to subsection (2), a search for a document from a backup system is not required before the document is nonexistent or unlocatable for section 47(3)(e).

(4)

In this section—

prescribed document means a document that—

(a)

is a document required to be kept under the Public Records

Act 2023; and

(b)

is not a document that the agency or Minister could lawfully have disposed of under the Public Records

Act 2023.

This Act’s bill:Explanatory memorandum Second reading speech

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52 Document nonexistent or unlocatable