Implementation
Australian Archives changed its name to the National Archives of Australia (NAA) in February 1998. This was after the release of the ALRC's draft recommendations paper, which advocated the name change, but before the release of the final report.
In March 2000 the NAA launched a new strategy for government recordkeeping. The strategy includes government-wide standards and guidelines, supported by training and advice to be administered by the National Archives. This strategy is consistent with the enhanced role recommended by the Commission in ALRC 85.
The Archives Amendment Act 2008 (Cth) implemented a number of recommendations in ALRC 85, including:
- the insertion of an objects clause (Recommendation 1) (although not in the same terms as the ALRC recommendation);
- amendment of the definition of ‘record’ to include ‘recorded information in any form’ (so to include elctronic formats) (Recommendation 24);
- amendment to confirm that the NAA is an ‘executive agency’ rather than one that sits within a Department. The ALRC recommended that the NAA should be an independent statutory corporation (Recommendation 8);
- amendments that introduce the concept of ‘in the care of Archives’. Central to the concept is the recognition that NAA will not always be the best repository for particular resources, for example, the NAA may not have the appropriate hardware to stroe certain kinds of software. However, even where arrangements are made with a person to have custody of a record, the NAA must still be able to meet its obligations under the Archives Act (including access decisions). A number of recommendations in ALRC 85 supported this regime. For example, Recommendation 87 stated that Archives legislation should permit the NAA to authorise a Commonwealth institution, a non-Commonwealth institution or an individual to have custody of records of archival value subject to appropriate conditions. Recommendation 75 stated that the NAA should have the power to require agencies to retain custody of records of archival value if, in the opinion of the NAA, this is necessary to ensure their preservation and accessibility.
- royal commissions records are to be transferred to the care of NAA, but can be in the custody of another person. Recommendation 28 stated that royal commission records are Commonwealth records for the purposes of the Act, and that the Minister responsible for the Royal Commissions Act 1902 (Cth) exercises the controlling agency function for them.