Northern Territory Second Reading Speeches

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INFORMATION AMENDMENT BILL 2009

Ms ANDERSON (Arts and Museums): Madam Speaker, I move that the bill be now read a second time. This bill is the amended arrangements concerning the management of government records and archives, following the administrative separation of records and archives services within the government structure.

Until recently, the Northern Territory Archives Service managed both record services to government and archive services to government and the communities. In 2007, the archive service transferred from the former Department of Corporate and Information Services (DCIS), to the then Department of Planning Environment and Arts (NRETA), while the record service function was retained within DCIS. The archive service was relocated to NRETA to align it with other collection and heritage focused agencies of government, while the record service remained with DCIS as an internal service to government. Following the recent changes to the public service structures, archival heritage functions remain in the Department of Natural Resources Environment and Arts and Sports and the records policy and the systems function became the responsibility of the newly formed Department of Business and Employment, which assumed functions of the former DCIS.


Part 9 of the
Information Act deals with records and archives management. As part 9 provides for archive services to manage both these functions, it became necessary to review the legislation and to provide for record services to be managed by another part of government. There has been no change to the service delivered, two work units have moved within the governments’ structure and there has been no change to the resourcing of these services. There remains only the requirement to facilitate this change in the legislation.

The bill contains six key amendments to Part 9 of the
Information Act. Clause 3 revises the definition of archive services and standard. It also inserts seven new definitions of terms, including: applicable standard, appraisal, archives standard, disposal, permanent records, records services and records standard. These definitions describe in more detail the role of the records service and archives services in managing these functions.

Clause 4 replaces the requirement for archives services to manage these functions and provide for two separate services to now perform these functions. The records service is established to prepare records standards, provide policy, and systems to assist agencies to comply with the standards, monitor agency compliance and facilitate the preparation of records retention and disposal schedules.


The Archives service continues to appraise records, collect, transfer, preserve and provide access to archives, prepare archives standards, provide assistance to agencies to comply with the standards and monitor agency compliance.


Clause 5 amends the requirement for agencies to make arrangements for the Archive Services to monitor the management of their records with the requirement for agencies to make arrangements for both the record service and archive service to monitor the management of their records and archives.


Part 9, Division 3 provides for the creation of standards for the Archives Services and the process of consulting with other bodies and the review of the standards and approval of the standards by the minister.


Clause 6 substitutes this with provision for the Archives Services to continue with these responsibilities for archives standards: the Records Service to take responsibility for record standards; consultation between the services and other bodies when preparing standards; the approval of standards by other minister responsible for the relevant service; the Record Service to facilitate the development of records retention and disposal schedules, and approvals of records retention and the disposal schedules by the Record Service to Archive Services and the responsible agency. There is a provision describing how a person may mishandle records and commit an offence. However, it is not an offence if it is done in compliance with the relevant standard.


Clause 7 substitutes ‘standard’ with ‘standard applicable to a public sector organisation’. This clarifies the type of standard. There is also a provision describing how it is an offence to mishandle records to prevent access to them or correction of them when an application has been made under Part 3 of the
Information Act – Freedom of Information. As in the previous provision, it is not an offence if it is done in compliance with the relevant standard. Clause 7 substitutes ‘standard’ with ‘standard applicable to a public sector organisation’. This clarifies the type of standard. The amendments to the Information Act will bring about the administrative changes to the Archives Services and Record Service to facilitate the separation of two units.

I commend the bill to honourable members and table all the explanatory statements which come from the bill.


Debate adjourned.


 


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