Western Australia
State Records (Consequential Provisions) Act 2000
CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
Part 2 — Children’s Court of Western Australia Act 1988
3. Part 6 repealed 3
Part 3 — District Court of Western Australia Act 1969
4. Part IX repealed 4
Part 4 — Freedom of Information Act 1992
5. Act amended by this Part 5
6. Section 6 amended 5
7. Section 7 amended 5
8. Section 8 amended 5
9. Section 48 amended 6
10. Glossary amended 6
Part 5 — Justices Act 1902
11. Part X repealed 7
Part 6 — Library Board of Western Australia Act 1951
Division 1 — Amendments
12. Amendments 8
Division 2 — Transitional provisions
13. Interpretation 8
14. State archives to continue as such 9
15. Certain State archives to be restricted access archives 9
16. State archives with unrestricted access not to be restricted 10
17. Provisions that apply until record keeping plan approved 10
18. Agreements as to State archives 10
19. Applications to restrict access to archives not limited 11
Part 7 — Local Courts Act 1904
20. Part X repealed 12
Part 8 — Public Sector Management Act 1994
21. Section 29 amended 13
Part 9 — Royal Commission (Custody of Records) Act 1992
22. Act amended by this Part 14
23. Section 3 amended 14
24. Section 4 amended 14
25. Sections 5 to 12 repealed 15
26. Section 13 amended 15
27. Section 14 amended 15
28. Section 15 amended 17
Western Australia
State Records (Consequential Provisions) Act 2000
No. 53 of 2000
An Act to amend various Acts and enact transitional provisions as a consequence of the enactment of the State Records Act 2000.
[Assented to 28 November 2000]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This Act may be cited as the State Records (Consequential Provisions) Act 2000.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different provisons.
Part 2 — Children’s Court of Western Australia Act 1988
3. Part 6 repealed
Part 6 of the Children’s Court of Western Australia Act 1988* is repealed.
[* Reprinted as at 23 April 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 37.]
Part 3 — District Court of Western Australia Act 1969
4. Part IX repealed
Part IX of the District Court of Western Australia Act 1969* is repealed.
[* Reprinted as at 1 January 1999.]
Part 4 — Freedom of Information Act 1992
5. Act amended by this Part
The amendments in this Part are to the Freedom of Information Act 1992*.
[* Reprinted as at 8 July 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 97, and Act No. 65 of 1998.]
6. Section 6 amended
Section 6(c) is deleted and the following paragraph is inserted instead —
“
(c) State archives to which a person has a right to be given access under Part 6 of the State Records Act 2000 despite this Act;
”.
7. Section 7 amended
Section 7 is amended by deleting “included in the State archives or”.
8. Section 8 amended
After section 8(4) the following subsection is inserted —
“
(5) A person’s right to be given access to a document that is a State archive is subject to Part 6 of the State Records Act 2000.
”.
9. Section 48 amended
Section 48(4) is repealed and the following subsection is inserted instead —
“
(4) Before information is amended under subsection (1) in a manner that —
(a) obliterates or removes the information; or
(b) results in the destruction of a document containing the information,
and that contravenes the State Records Act 2000, a record keeping plan made under that Act or the archives keeping plan made under that Act, the Commissioner shall provide the State Records Commission with a copy of the certificate issued by the Commissioner under subsection (3).
”.
10. Glossary amended
(1) Clause 1 of the Glossary is amended by deleting the definition of “State archives” and inserting instead —
“
“State archive” has the same definition as in the State Records Act 2000;
”.
(2) Clause 7 of the Glossary is repealed.
Part 5 — Justices Act 1902
11. Part X repealed
Part X of the Justices Act 1902* is repealed.
[* Reprinted as at 2 October 1999.]
Part 6 — Library Board of Western Australia Act 1951
Division 1 — Amendments
12. Amendments
The Library Board of Western Australia Act 1951* is amended as set out in the Table to this section.
Table
|
s. 3(1) |
Delete these definitions: “non‑current public record”; “public office”; “public record”; “record”; “State archive”. |
|
s. 3(2) |
Repeal the subsection. |
|
s. 21(5) |
Delete paragraph (g). |
|
s. 22 |
Repeal the section and delete the heading “State Archives” immediately before it. |
|
ss. 23 to 33 |
Repeal the sections. |
[* Reprinted as at 17 May 1984.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 143.]
Division 2 — Transitional provisions
13. Interpretation
(1) In this Division —
“commencement” means the commencement of the State Records Act 2000.
(2) In this Division, unless the contrary intention appears, words and expressions have the same definitions as in the State Records Act 2000.
14. State archives to continue as such
(1) If immediately before commencement a record was a State archive under the Library Board of Western Australia Act 1951, then on commencement the record is to be taken to be a State archive for the purposes of the State Records Act 2000.
(2) On commencement any record —
(a) that under subsection (1) is to be taken to be a State archive for the purposes of the State Records Act 2000; and
(b) that is in the custody of the Library Board of Western Australia,
is to be taken to be in the State archive collection and the Board is to transfer the record to the collection.
(3) Subsection (2) does not affect section 18.
15. Certain State archives to be restricted access archives
(1) If immediately before commencement a record was a State archive under the Library Board of Western Australia Act 1951 and subject to —
(a) restrictions on public access imposed under section 32(3) of that Act; or
(b) restrictions on access imposed under section 32(5) of that Act,
then on commencement the record is to be taken to be a restricted access archive for 5 years after commencement.
(2) Subsection (1) does not prevent an application being made under section 38(3) of the State Records Act 2000 in respect of the restricted access archive.
16. State archives with unrestricted access not to be restricted
If immediately before commencement a record —
(a) was a State archive under the Library Board of Western Australia Act 1951;
(b) was not under that Act subject to any restrictions as to public access to it; and
(c) contains information about a person’s medical condition or about a person’s disability (as defined in the Disability Services Act 1993),
then on and after commencement the record is not subject to section 49 of the State Records Act 2000.
17. Provisions that apply until record keeping plan approved
Until a record keeping plan is approved by the Commission in respect of a government organization that is in existence on commencement, sections 30, 31 and 32 (except section 32(1)) of the Library Board of Western Australia Act 1951 have effect, despite the repeal of those sections by this Act.
18. Agreements as to State archives
If immediately before commencement an agreement is in force under section 26 of the Library Board of Western Australia Act 1951 then on and after commencement —
(a) the agreement has effect as if the Director were substituted for the Library Board of Western Australia as a party to the agreement;
(b) if the other party to the agreement is a State organization, the agreement has effect until the Commission approves the record keeping plan of that organization; and
(c) if the other party to the agreement is not a State organization, the agreement has effect according to its terms.
19. Applications to restrict access to archives not limited
This Division does not limit any right to apply under section 37(2)(b) of the State Records Act 2000 in respect of a State archive that immediately before commencement was a State archive under the Library Board of Western Australia Act 1951.
Part 7 — Local Courts Act 1904
20. Part X repealed
Part X of the Local Courts Act 1904* is repealed.
[* Reprinted as at 4 March 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 148.]
Part 8 — Public Sector Management Act 1994
21. Section 29 amended
Section 29(1) of the Public Sector Management Act 1994* is amended by deleting paragraph (n) and “and” following it and inserting instead —
“
(n) subject to the State Records Act 2000, to ensure that the department or organization keeps proper records; and
”.
[* Reprinted as at 3 September 1997.
For subsequent amendments see Acts Nos. 53 of 1998
and 5 of 1999 and Gazettes 14 May 1999, 2 July 1999 and 24 September 1999.]
Part 9 — Royal Commission (Custody of Records) Act 1992
22. Act amended by this Part
The amendments in this Part are to the Royal Commission (Custody of Records) Act 1992*.
[* Act No. 43 of 1992.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 222.]
23. Section 3 amended
Section 3(1)(b) is deleted and the following paragraph is inserted instead —
“ (b) the State Records Act 2000; ”.
24. Section 4 amended
Section 4(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions the following definitions —
“
“Director of State Records” means the Director of State Records under the State Records Act 2000;
“State archives collection” has the same definition as in the State Records Act 2000;
”;
(b) in the definition of “record” by deleting “Library Act” and inserting instead —
“ State Records Act 2000 ”.
25. Sections 5 to 12 repealed
Sections 5 to 12 are repealed.
26. Section 13 amended
(1) Section 13(1) is amended by deleting “Subject to subsection (2) and section 6(2), if” and inserting instead —
“ If ”.
(2) Section 13(2) and (3) are repealed.
27. Section 14 amended
(1) Section 14(1) is repealed and the following subsection is inserted instead —
“
(1) This section applies to all records of the Royal Commission that form part of the State archives collection, having been transferred under section 14(2) of the State Records (Consequential Provisions) Act 2000 to that collection by the Library Board.
”.
(2) Section 14(1a) is repealed and the following subsection is inserted instead —
“
(1a) Subject to this section, the Director of State Records shall keep the records to which this section applies as State archives in accordance with the State Records Act 2000.
”.
(3) Section 14(2)(a) and (b) are deleted and the following paragraphs are inserted instead —
“
(a) a confidential record, internal working document or private submission to which this section applies; or
(b) a transcript record to which this section applies that is the subject of a direction by the Royal Commission prohibiting its publication,
”.
(4) Section 14(3)(b) is amended by deleting “is transferred as a State archive under section 12,” and inserting instead —
“ a record to which this section applies, ”.
(5) Section 14(5)(d) is deleted and the following paragraph is inserted instead —
“
(d) that in the case of a record that is a restricted access archive under the State Records Act 2000, the provision of access to the record would not contravene or be inconsistent with the restrictions on access to the record under that Act.
”.
(6) Section 14(8) is repealed and the following subsections are inserted instead —
“
(8) Without limiting section 3(1), the prohibition in subsection (2) has effect notwithstanding Part 6 of the State Records Act 2000.
(9) This section ceases to have effect in relation to a confidential record, internal working document, private submission or transcript record, as the case may be, when it becomes 75 years old as determined under section 3(6) of the State Records Act 2000 unless under section 48 of that Act, the State Records Commission has directed that it is an exceptionally sensitive archive in which case that section applies to it.
”.
28. Section 15 amended
(1) Section 15 is amended by repealing subsections (1) to (7).
(2) Section 15(8) is amended by inserting after “this section” the following —
“
(as this Act and that Act operated before the commencement of the State Records (Consequential Provisions) Act 2000)
”.
