Key provisions are -
Clause 4 amends section 2 of the Public Records Act 1973 (Vic) to amend the definition of public record, insert new definitions of Cabinet and Cabinet record and make consequential amendments to several existing definitions.
Clause 5 amends section 5 of the Act to provide an additional advisory function to the Public Records Advisory Council in relation to public records management.
Clause 6 amends section 8A of the Act to provide that public records that no longer need to be readily available for the purposes of a public office must be transferred to the Public Record Office as soon as practicable after the records have been in existence for 10 years, rather than 25 years as is currently provided.
Clause 7 inserts a new section 8B into the Act. This new section provides for the public release of Cabinet records transferred to the Public Record Office after the commencement of the section following a fixed closure period. The Secretary of the Department of Premier and Cabinet must, by notice published in the Government Gazette, declare Cabinet records to not be available for public inspection until a period of 30 years has elapsed since the last day of the year in which the Cabinet record was created. Such a declaration cannot be varied or revoked.
Clause 8 amends section 9 of the Act as it applies to Cabinet records. The amendments provide that a declaration under section 9(1) may be made in respect of a Cabinet record. However, such a declaration may only provide that a Cabinet record not be available for inspection for a period that is longer than the period required by the new section 8B (as inserted by clause 7 of the Bill).
Clause 9 amends section 10 of the Act to provide that a declaration under that section may not be made in respect of a Cabinet record.
Clause 10 amends the operation of section 10AA(2) of the Act as it applies to Cabinet records. New section 10AA(6) provides that a declaration under section 10AA(2) may be made in respect of a Cabinet record. However, such a declaration may only provide that a Cabinet record not be available for inspection for a period that is longer than the period required by the new section 8B (as inserted by clause 7 of the Bill).
Clause 11 amends section 19(1) of the Act to increase the maximum penalty for the offence of removing, selling, damaging or destroying a public record, from 5 penalty units to 60 penalty units.
