Provide access to restricted records

Individuals can request access to restricted public records in the custody of QSA under s36 of the Public Records Act 2023.

If an individual wishes to access a restricted record, they can submit a request to access this public record through ArchivesSearch, which will generate an email to your public authority's chief executive or authorised delegate for public records access.

Requests are automatically sent to the nominated email address provided in the delegation form (DOCX, 159.7 KB)  (DOCX, 184.5 KB).  Requests and due dates may also be viewed in ArchivesGateway on the ‘My Restricted Access Requests’ page.

The delegate must then assess the request and decide to either:

• approve the applicant accessing the restricted record,
• approve the applicant accessing the restricted record with reasonable conditions, or
• refuse the applicant access to the restricted record.

Under s38 of the Public Records Act 2023, you must provide this decision within 35 days of receipt of the request for access (or within a longer period if agreed by QSA). If access is refused or conditions are imposed, you must provide a reason for this decision.

This process is separate to a Right to Information or Information Privacy application.

When assessing access to restricted records requests, keep in mind that restricted access periods (RAPs) are applied to restrict general public access to particular public records. However, it may often be appropriate to provide individual access to restricted records.

Your chief executive or authorised delegate is responsible for deciding whether to grant access to restricted records. When assessing a request, consider the following factors:

• Who made the access request – a member of the public, academic, or government employee?
• Does the public record contain information relating to the individual applying for access?
• Does the public record refer to sensitive information about person(s) other than the individual applying for access?
• Why the request was made – legal entitlements, family history purposes, academic purposes, to complete work on behalf of the Queensland Government?
• What type of public record(s) is included?
• Does the public record contain culturally sensitive information?
• Does it cover a single public record or many records?
• When does the RAP expire and why is the record restricted (e.g. contains legally protected information)?
• Would the release of the information breach other legislation (e.g. the Adoption Act 2009)?

Delegates should consider the content of the public record requested and ensure that if access is refused, the reason for refusal aligns with the nature of the material in the record.

Consider consulting with the relevant business areas to learn more about the requested information.

You can review the contents of the records before making an access decision. Public records can be viewed in our Reading Room, or provided through our File Issue service.

Note: Metadata that contains personal or confidential information (e.g., author details) can be removed from the copy supplied to the requestor by your agency if necessary. Information should only be removed from a copy of a record, not the original source record.

Access conditions

If approval is given to access a restricted record, the person also has permission to receive a digitised copy of this record.

If there is a specific reason why the person cannot be provided with a digital copy of the record this should be noted as a condition of access and a reason provided as to why this is not permitted.

Similarly, consideration should be given to the period of time the person is given to access this record to ensure they have a reasonable opportunity to visit QSA or seek a digital copy of the record.

Access to restricted records must be authorised by your public authority's chief executive or their authorised delegate for public records access.

Find out more about delegating responsibilities for public records access.

Your public authority may choose to complete records assessments at officer level or within relevant business units before raising the request to your public authority’s chief executive or authorised delegate for public records access for approval.

Your chief executive or authorised delegate must complete an access to restricted records notification form (DOCX, 138.1 KB) when granting or refusing individuals access to restricted records at QSA.

In accordance with s38(3) of the Public Records Act 2023, this form must be returned to Queensland State Archives within 35 days. The due dates for the return of this form may be viewed in ArchivesGateway on the ‘My Restricted Access Requests’ page. Your public authority may contact QSA to request a revised due date if required.

A separate form is required for each person requesting access.

On the form, you must include:

• whether access is approved, approved with conditions, or refused
• the relevant QSA item ID(s) or series ID(s)
• the full name of the person seeking access
• the email address of the person seeking access
• the reason for your decision
• the date range for access (this cannot exceed 1 year and must be sufficient to enable the individual to travel to QSA or seek a digital copy of the record)
• any access conditions and reasons if applicable (including if the person is not permitted to receive a digitised copy of the record)

The completed form must be emailed to info@archives.qld.gov.au.

If access is refused, QSA will advise the individual   of the decision, the reason for this decision and any conditions of access. Public authorities may also wish to advise individuals directly of their decision.

When your public authority has provided the completed form to QSA, the individual will be able to view the relevant records in our Reading Room under the supervision of the archivist on duty. You can also specify if you require a supervising officer from your agency to be present.

Individuals  may also opt to receive a digital copy of the record.

Access to restricted records by public authority staff in QSA’s Reading Room

Public authority staff accessing restricted records in QSA’s Reading Room must:

• order the record to view in the Reading Room from their own ArchivesGateway account; or
• have a valid access to restricted records form (DOCX, 134 KB) for the relevant records

If you are submitting a Reading Room request for restricted records through ArchivesGateway on behalf of an agency staff member who does not have approval to request through ArchivesGateway, the person accessing the records in the QSA Reading Room must have a valid permission form to access these records.

The access to restricted records form (DOCX, 134 KB) must be completed and submitted to QSA at least 1 week before the intended visit.

If ordering records in ArchivesGateway on behalf of another staff member, ensure you include the details of the person requesting the records in the Reading Room request form in ArchivesGateway using the comments section. The access to restricted records form (DOCX, 134 KB) for the other staff member must be completed and submitted to QSA at least 1 week before the intended visit.

Anyone viewing restricted records in the Reading Room at QSA will need to show their Queensland Government ID card to QSA staff before they will be allowed to view the records.

See the reading room request user guide for further information and steps on how to submit a request.

If you want the individual to view records at your agency, you can request the record(s) through the File Issue service.

Keep a record of your agency's decision to provide access.

This record should include, at a minimum:

• the name of the individual (and organisation if relevant) to whom access is granted
• the details of the record(s) to which access was granted
• how access was provided (e.g., supervised on the public authority's own premises or through the provision of copies)
• the date of access
• the name, position title, and signature of the authorised officer who granted permission.

If you choose to provide access to the original public record at your agency, it is essential that the access is supervised at all times.

Individuals can apply for access to a restricted record in the custody of QSA under the Right to Information Act 2009 or the Information Privacy Act 2009 (fees and charges may be payable under these Acts).

Applications for access under these Acts must be directed to the responsible public authority (not to QSA).

For more information, talk to your RTI Unit or see the Office of the Information Commissioner.