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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 33
Information
Amendment Bill 2009
Ms
Anderson
A Bill for an Act to amend the Information Act
NORTHERN TERRITORY OF AUSTRALIA
INFORMATION AMENDMENT ACT 2009
____________________
Act No. [ ] of 2009
____________________
TABLE OF PROVISIONS
131A Records functions
131B Archives functions
132 Performance of
functions consistent with objects of
Act
Division
2A Records retention and disposal
schedules
136A Preparation of records retention and disposal schedule
136B Approval of records retention and disposal schedule
Division 3 Standards
137 Definitions
137A Records standards
137B Archives standards
137C Preparation of standards
138 Minister may approve standards
139 Review of standards
140 Advice to public
sector organisations
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2009
____________________
An Act to amend the Information Act
[Assented to [ ] 2009]
[Second reading [ ] 2009]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Information Amendment Act 2009.
This Act amends the Information Act.
3 Amendment of section 4 (Definitions)
(1) Section 4
omit
Act, unless the contrary intention appears –
substitute
Act:
(2) Section 4, definitions archives service and standard
omit
(3) Section 4
insert (in alphabetical order)
applicable standard, for a public sector organisation, means a standard approved by the Minister under section 138.
appraise, for a record, means to determine whether the record:
(a) must be:
(i) retained as a permanent record or archive; or
(ii) retained for a specified period; or
(b) may be destroyed.
archives functions, see section 131B.
archives service means the organisation (whether a public sector organisation or another organisation) established to perform the archives functions for the Territory.
archives standard means a standard mentioned in section 137B.
disposal, of a record, includes the following:
(a) destroying or damaging the record;
(b) abandoning, donating, selling or transferring the possession or control of the record.
permanent record means a record of permanent value to the Territory.
records functions, see section 131A.
records service means the organisation (whether a public sector organisation or another organisation) established to perform the records functions for the Territory.
records standard means a standard mentioned in section 137A.
standard, for Parts 9 and 10, means an archives standard or records standard.
4 Repeal and substitution of section 132
Section 132
repeal, substitute
The records functions are:
(a) to prepare, promote and monitor compliance with records standards; and
(b) to facilitate and promote policy and systems to enable cost effective compliance with records standards; and
(c) to provide advice (including training) to enable compliance with records standards; and
(d) to facilitate the preparation of records retention and disposal schedules.
The archives functions are:
(a) to appraise records; and
(b) to collect, transfer and preserve archives and permanent records; and
(c) to provide access to Territory Archives; and
(d) to maintain a register of records retention and disposal schedules; and
(e) to prepare, promote and monitor compliance with archives standards; and
(f) to provide advice (including training) to enable compliance with archives standards.
132 Performance of functions consistent with objects of Act
The archives service and records service must perform their functions in a way that is consistent with the objects of this Act.
5 Amendment of section 134 (Managing records)
Section 134(c)
omit
archives service
substitute
records service and archives service
6 Repeal and substitution of Part 9, Division 3
Part 9, Division 3
repeal, substitute
Division 2A Records retention and disposal schedules
136A Preparation of records retention and disposal schedule
(1) The records service must facilitate the preparation of records retention and disposal schedules.
(2) A records retention and disposal schedule must be consistent with relevant records standards and archives standards.
(3) A records retention and disposal schedule must specify classes of records and determine the following:
(a) whether a class of record has temporary or permanent status;
(b) the retention period for a temporary class of record;
(c) authorised disposal actions for a class of record.
136B Approval of records retention and disposal schedule
A records retention and disposal schedule must be approved by the records service, archives service and chief executive officer of the public sector organisation responsible for the schedule.
In this Division:
other service means:
(a) for the records service – the archives service; and
(b) for the archives service – the records service.
responsible service, for a standard, means the service responsible for preparing the standard under section 137A or 137B.
(1) The records service must prepare standards for managing records (other than archives and permanent records) for approval by the Minister.
(2) The matters that must be dealt with in the standards include, but are not limited to, the creation, maintenance and security of records.
(1) The archives service must prepare standards for managing archives and permanent records (whether those records are in the custody of the archives service or not) for approval by the Minister.
(2) The matters that must be dealt with in the standards include, but are not limited to, the following:
(a) the transfer of permanent records from a public sector organisation to the archives service;
(b) access to Territory Archives;
(c) preservation formats for digital records (including archives).
When preparing a standard, the responsible service:
(a) must seek comments or submissions from the public sector organisation to which the standard is intended to apply; and
(b) must consult with the Commissioner to ensure that, if the standard is approved by the Minister, compliance with the standard will be consistent with the objects of this Act; and
(c) must seek comments or submissions from the other service; and
(d) may seek comments or submissions from any other person.
138 Minister may approve standards
(1) The responsible service for a standard must submit the standard to the Minister for approval.
(2) The Minister may, by Gazette notice, approve the standard if the Minister is satisfied:
(a) the responsible service has complied with section 137C in the preparation of the standard; and
(b) the standard is consistent with the objects of this Act.
(3) The Gazette notice must include:
(a) the standard name and a short description of its contents; and
(b) a statement about how to obtain a copy of the standard.
(4) The standard takes effect on:
(a) the date the notice is published in the Gazette; or
(b) if the notice specifies a later date – that date.
(1) The responsible service for a standard must review the standard at least once every 3 years and, as a result of that review, may submit a revised or replacement standard to the Minister for approval.
(2) Sections 137 to 138 apply to the preparation and approval of a revised or replacement standard.
140 Advice to public sector organisations
The responsible service for a standard must provide a public sector organisation with the advice (including training) the service considers appropriate to enable the organisation to comply with the standard.
7 Amendment of section 145 (Mishandling records)
(1) Section 145(2)(b)
omit
relevant standard;
substitute
standard applicable to a public sector organisation; or
(2) Section 145(1)(a) to (c), (2)(a), (2)(c) to (e) and (3)(a), at the end
insert
or
8 Amendment of section 147 (Concealing or disposing of government information to prevent access or correction)
(1) Section 147(3)(c)
omit
relevant standard;
substitute
standard applicable to a public sector organisation; or
(2) Section 147(3)(a), (b) and (d), at the end
insert
or
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