1Short title
This Act may be cited as the Public Records Act 1973.
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This Act may be cited as the Public Records Act 1973.
In this Act unless inconsistent with the context or subject-matter—
S. 2(1) def. of First Peoples' Assembly Chairperson inserted by No. 45/2025 s. 290(1).
First Peoples' Assembly Chairperson means a Chairperson of the First Peoples' Assembly elected under the Statewide Treaty Act 2025;
S. 2(1) def. of officer in charge inserted by No. 45/2025 s. 290(1).
officer in charge, in relation to the public office that is Gellung Warl, means the Chief Executive Officer of Gellung Warl;
prescribed means prescribed by this Act or the Regulations;
S. 2(1) def. of prescribed record amended by No. 29/1994 s. 76(1).
prescribed record means a record declared by the Minister pursuant to section 16 to be a prescribed record for the purposes of this Act;
S. 2(1) def. of public office amended by Nos 12/1989 s. 4(1)(Sch. 2 item 101.1), 61/1996 s. 86(a), 67/2014 s. 147(Sch. 2 item 31), 45/2025 s. 290(2).
public office means—
any department branch or office of the Government of Victoria;
any public statutory body corporate or unincorporate;
a State owned enterprise within the meaning of the State Owned Enterprises Act 1992;
any municipal council;
any other local governing body corporate or unincorporate;
a Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown;
a Board of Inquiry or Formal Review established under the Inquiries Act 2014;
Gellung Warl;
public officer means any person employed in a public office;
S. 2(1) def. of public record amended by Nos 29/1994 s. 76(2), 61/1996 s. 86(b), 17/2024 s. 23(1), 45/2025 s. 290(3).
public record means—
any record made or received by a public officer in the course of the officer's duties; and
any record made or received by a court or person acting judicially in Victoria—
but does not include—
a record which is beneficially owned by a person or body other than the Crown or a public office or a person or body referred to in section 2B; or
a prescribed record held for the purpose of preservation by a public office to which it was transferred before the commencement of the Arts Institutions (Amendment) Act 1994 by a person or body other than the Crown or a public office; or
a record, other than a prescribed record, held for the purpose of preservation by a public office to which it was transferred, whether before or after the commencement of the Arts Institutions (Amendment) Act 1994, by a person or body other than the Crown or a public office;
a record held by the public office that is Gellung Warl that is culturally sensitive information or culturally secret information;
S. 2(1) def. of record amended by Nos 69/2009 s. 54(Sch. Pt 1 item 48), 45/2025 s. 290(4).
record means any document within the meaning of the Evidence Act 2008;
S. 2(1) def. of Treaty Authority inserted by No. 45/2025 s. 290(1).
Treaty Authority has the same meaning as it has in the Statewide Treaty Act 2025.
The Governor in Council may determine—
that any office or body is or is not a public office within the meaning of this Act; and
that any record is or is not a public record within the meaning of this Act—
and notice of any such determination shall be published in the Government Gazette.
The Governor in Council may by Order published in the Government Gazette declare that all or any specified provisions of this Act shall not apply to or in relation to a record or record of a class of records specified in the Order.
S. 2(4) repealed by No. 29/1994 s. 76(3).
* * * * *
S. 2A inserted by No. 61/1996 s. 87.
For the purposes of this Act, a person or body that was, at any time, a public office is to be taken never to have been a public office only if—
a legislative provision; or
regulations made for the purposes of this section—
expressly provide that, for the purposes of this Act, the person or body is deemed never to have been a public office.
S. 2B inserted by No. 61/1996 s. 87.
If a body corporate or unincorporate that is a public office ceases, on a particular day, to be a public office, then, despite that cessation—
the records of the body that were in existence prior to that day continue to be public records; and
the Keeper of Public Records may make arrangements with the body to enable those records of the body to be dealt with in accordance with this Act in the same manner as if the body had not ceased to be a public office.
S. 3 amended by No. 9219 s. 2.
For the better preservation management and utilization of the public records of the State there shall be established an Office to be known as the Public Record Office.
S. 4(1) substituted by No. 29/1986 s. 4(1).
There shall be a Public Records Advisory Council.
S. 4(1A) inserted by No. 29/1986 s. 4(1).
The Council shall consist of not more than ten members appointed by the Minister of whom—
S. 4(1A)(a) amended by No. 29/1994 s. 77(1)(a).
one shall be the Department head or his or her nominee; and
the remaining members shall be persons with knowledge of or experience in any of the following areas—
public administration;
local government;
the management of records;
S. 4(1A)(b)(iv) substituted by No. 29/1994 s. 77(1)(b).
business administration and finance;
historical research;
genealogical research;
any area considered by the Minister to be a relevant area for the purposes of this subsection.
S. 4(1B) inserted by No. 29/1986 s. 4(1).
A member of the Council may, subject to the Minister's approval, choose a nominee to represent that member at meetings of the Council where the member is absent.
S. 4(1C) inserted by No. 29/1986 s. 4(1)
The Council may appoint sub-committees consisting of two or more members of the Council.
S. 4(2) amended by Nos 29/1986 s. 4(2), 29/1994 s. 77(2).
The Minister shall appoint one of the members to be President of the Council[1].
S. 4(3) amended by No. 29/1986 s. 4(2).
The Minister may remove any member of the Council from office.
Subject to this section a member of the Council—
shall hold office for the period (not exceeding three years) and subject to the terms and conditions specified in his instrument of appointment; and
shall be eligible for re-appointment.
S. 4(4A) inserted by No. 29/1994 s. 77(3).
A person who has been a member of the Council for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless[2]—
the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or
a period of 3 years or more has elapsed since the person last was a member of the Council.
The office of a member of the Council shall become vacant—
at the expiration of his term of office;
if he dies;
S. 4(5)(c) amended by No. 29/1994 s. 77(4)(a).
if he is removed from office by the Minister;
S. 4(5)(d) amended by No. 29/1994 s. 77(4)(b).
if he resigns in writing under his hand addressed to the Minister; or
if without leave granted by the Council he fails to attend three successive meetings of the Council.
S. 4(6) substituted by No. 29/1986 s. 4(3).
A quorum of the Council shall consist of not less than half the members of the Council.
Subject to this Act the Council may regulate its own proceedings.
S. 4(8) amended by No. 29/1994 s. 77(5).
Each member of the Council shall be entitled to the travelling expenses and fees (if any) prescribed.
S. 4A inserted by No. 29/1994 s. 78.
A member of the Public Records Advisory Council shall not be taken by reason of being a member to hold an office or place of profit under the Crown which would—
prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
make void the member's election to the Legislative Council or Legislative Assembly; or
prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or
subject the member to liability to a penalty under the Constitution Act 1975.
The Public Records Advisory Council—
in consultation with the Keeper of Public Records, shall promote co-operation between the Public Record Office and public offices; and
may report and make recommendations to the Minister on any matter relating to the administration of this Act.
S. 6(1) substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 168).
A Keeper of the Public Records and any employees that are necessary for the purposes of this Act are to be employed under Part 3 of the Public Administration Act 2004.
Subject to this Act and to the general direction and control of the Minister, the Keeper of Public Records shall have the management and control of the Public Record Office and of all public records therein.
The Keeper of Public Records shall be responsible for—
S. 7(a) amended by No. 17/2024 s. 23(2).
the preservation and security of public records under the control of the Keeper of Public Records;
the logical and orderly classification of such records and the publication of lists indexes and other guides facilitating their use;
the duplication and reproduction of public records for official and other purposes; and
the authentication of copies of and extracts from public records required as evidence in legal proceedings or for other purposes.
S. 7A inserted by No. 45/2025 s. 291.
The Keeper of Public Records, after consultation with the First Peoples' Assembly, must establish written guidelines and procedures to promote and safeguard cultural safety in the exercise of the Keeper's powers and performance of the Keeper's functions under this Act or any other Act in relation to—
the public office that is Gellung Warl; and
public records transferred or required to be transferred from Gellung Warl to the Public Record Office.
The Keeper of Public Records may request the Treaty Authority provide advice for the purposes of establishing the guidelines and procedures.
Guidelines and procedures established under this section are not binding on the Keeper of Public Records and a failure to comply with them does not, of itself—
create any legal right or give rise to any civil cause of action; or
affect the validity of any act or decision, or otherwise make unlawful any exercise of power or performance of functions, of the Keeper under this Act or any other Act, or provide grounds for review of any act or decision.
The Keeper of Public Records may—
prepare and cause to be published articles concerning the activities of and the facilities provided by the Public Record Office; and
S. 8(b) amended by No. 17/2024 s. 23(3).
arrange for the publication, upon any terms and conditions the Keeper of Public Records thinks fit, of any public record under the control of the Keeper of Public Records or of any articles prepared therefrom.
S. 8A inserted by No. 29/1994 s. 79.
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