3

		CSD26 Attach C - Explanatory Statement (3)

INFORMATION AMENDMENT BILL 2009
SERIAL NO.  33

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR ARTS AND MUSEUMS

EXPLANATORY STATEMENT

GENERAL OUTLINE

§	This legislation is to amend arrangements concerning the management of government records and archives following the administrative separation of archives and records services within the government structure.  

§	Until recently, the Northern Territory Archives Service managed both archives services to government and the community and records services to government.  The archives service has now transferred out of the former Department of Corporate and Information Services to align it with other collection and heritage focused agencies within the Department of Natural Resources, Environment, the Arts and Sport while the records services function has been retained within the Department of Business and Employment, formerly the Department of Corporate and Information Services, as a service to government.

§	As Part 9 of the Information Act provides for the archives service to manage both these functions, it has been necessary to review the legislation and provide for records services to be managed by another part of government.

NOTES ON CLAUSES

Clause 1.	Short Title

The Bill when passed may be cited as the Information Amendment Act 2009.

Clause 2.	Act amended

This Act amends the Information Act.

Clause 3.	Amendment of section 4 (Definitions)

This clause revises the definitions of archives service and standard and inserts seven new definitions of terms including applicable standard, appraise, archives standard, disposal, permanent record, records service and records standard.  These definitions help describe in more detail the roles of the records service and the archives service in managing records and archives.

Clause 4.	Repeal and substitution of section 132

Section 132 allows for the archives service to perform its functions in accordance with the objects of the Act.  This clause substitutes this with the provision for two separate services to now perform these functions in accordance with the objects of the Act: 
·	The records service to prepare records standards; provide policy and systems to assist agencies to comply with the standards; monitor agency compliance; and facilitate preparation of records retention and disposal schedules.
·	The archives service 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.	Amendment of section 134 (Managing records)

A public sector organisation must currently make arrangements for the archives service to monitor the management of its records.  This clause amends this section so that a public sector organisation must make arrangements for both services to monitor the management of its records and archives. The archives service is omitted and substituted with the records service and the archives service.  

Clause 6.	Repeal and substitution of Part 9, Division 3

Part 9, Division 3 provides for the creation of standards by the archives service and the process of consulting with other bodies, the review of the standards and the approval of the standards by the Minister.  This clause substitutes this with provisions for:

·	The archives service to continue with these responsibilities for archives standards.
·	The Records Service to take responsibility for records standards implementing the same processes as the archives service.
·	Consultation between services and other bodies when preparing standards.
·	The approval of standards by the Minister responsible for the relevant service.
·	The records service to facilitate the development of records retention and disposals schedules for agencies.
·	Approval of records retention and disposal schedules by the records service, the archives service and the responsible agency.

Clause 7.	Amendment of section 145 (Mishandling records)

This section describes how a person may mishandle records and commit an offence.  However, it is not an offence if it is done in compliance with a relevant standard.  The clause substitutes standard with standard applicable to a public sector organisation to clarify the type of standard.

Clause 8.	Amendment of section 147 (Concealing or disposing of government information to prevent access or correction)

This section describes how it is also an offence to mishandle records to prevent access to them or correction of them where an application has been made under Part 3 of the Act (Freedom of Information).  As in the section above, it is not an offence if it is done in compliance with a relevant standard.  The clause substitutes standard with standard applicable to a public sector organisation to clarify the type of standard.