Determining access for public records at QSA (Restricted Access Notices and Restricted Access Periods)

The Public Records Act 2023 defines several classes of restricted information of varying sensitivities, including personal information and information that is exempt under the Right to Information Act 2009. These restricted information classes are:

• Personal information of high sensitivity
• Personal information of medium sensitivity
• Other personal information
• Culturally sensitive information
• Legally protected information
• Public safety information
• Security information

More information about each class of restricted information can be found in the Practical Guide to Determining Public Records Access (PDF, 277.8 KB).

Each information type may be restricted under a restricted access period (RAP) for up to a particular maximum period. All restrictions must be aligned with the Public record principles.

Metadata associated with the record is open unless it also contains restricted information. If the record metadata contains restricted information, it may be restricted for the duration of the RAP for the relevant records. See When to restrict record metadata for more information.

The following public record classes are regulated records under the Public Records Act 2023:

• Cabinet records
• Executive Council records
• Ministerial records

More information regarding each class of regulated record can be found in the Practical Guide to Determining Public Records Access. (PDF, 277.8 KB)

Regulated records must be restricted under a restricted access period (RAP) for certain periods depending on the type of record. If they also contain restricted information, they may be further restricted for the timeframe for applicable to the relevant restricted information type.

A restricted access notice (RAN) is a notification provided by the chief executive of the responsible public authority or an authorised delegate for public records access to QSA that states:

• whether a particular public record or group of public records are open, regulated or contain restricted information
• how long the public record/s should be restricted for under a restricted access period (RAP)
• whether the associated record metadata also contains restricted information, and if so, whether it may be published to QSA’s public catalogue, ArchivesSearch

The RAN must clearly identify the relevant group of public records to which it applies. This group is generally a particular type of public record (e.g. minutes or a specific type of register) or a QSA series but may be an individual record/QSA item by exception.

Record/item level exceptions enable groups of records to be open even when some records in the group are more sensitive or vice versa.

A restricted access period (RAP) is a set period of time where public access to records in the custody of Queensland State Archives (QSA) that are regulated or contain restricted information is restricted as stated on the RAN. This is usually to protect confidential or sensitive information.

RAPs are calculated from the date of last action on a record, unless the date of last action cannot be determined, or the recording of information is ongoing.

A RAP must be a set period of time and cannot cover an indefinite period. It is the intent of the Public Records Act 2023 that most public records eventually become available for public access.

The State Archivist may ask your public authority to review or change a RAP. If agreement cannot be reached after negotiation, either party may refer the issue to the Public Records Review Committee for resolution. See the RAP review escalation process (PDF, 164.3 KB) for more information.

Some public records (such as adoption records) are governed by legislation that overrides the  Public Records Act 2023 and this may affect their access.

Public records under a RAP can be accessed:

• through an access request to obtain permission from the responsible public authority to view closed records
• via ArchivesGateway for public authority users with appropriate access permissions if the records are digitised or born-digital
• through the File Issue service where the responsible public authority can request their closed records

There are other mechanisms for accessing restricted records at QSA including Right to Information and through a subpoena.

A RAN 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 RAN for approval by the chief executive or authorised delegate for public records access.

Your public authority's chief executive or their authorised delegate for public records access must provide a Restricted access notice :

• when the public records are transferred to QSA.
• when a review is requested by QSA for public records already at the archives.
• at any time as determined by the responsible public authority.

A RAN must be provided for all public records in QSA’s custody to confirm whether the records are open, contain restricted information or are regulated.

You will need to discuss the access status of records proposed for transfer with QSA before your transfer will be accepted.

If the public records being transferred are an addition to a series already held by QSA (known as an accrual), then the existing RAN for that series will be applied to the newly transferred records unless you notify us otherwise.

To assess public records for access:

1. Familiarise yourself with the public records principles – Public records generally and Records relating to Aboriginal peoples and Torres Strait Islander peoples
2. Group the records by content type or classification – e.g. minutes, admissions, correspondence etc.
   If the records are at QSA, the grouping may be the QSA series or record type.  
3. Gather relevant information about the records, including any available metadata.
   For records at QSA, this should include the series description/s and item listing. Item lists of transferred records are available through ArchivesGateway. You can also see your agency's records in ArchivesGateway, including their existing restricted access period and when that period expires. See the Use ArchivesGateway page for more information.
4. Examine the content of the records in each grouping to determine:
   • if they contain restricted information or are regulated records – see the practical guide (PDF, 277.8 KB) for definitions, considerations and possible closure periods
   • if the information should be restricted under legislation that overrides or applies despite the Public Records Act 2023

You may wish to consult with any relevant business areas within your public authority as part of this step and Step 5 (if applicable). If the records are at QSA, you may wish to view the records (or a sample) by visiting QSA or requesting records through the File Issue service.

5. Select the appropriate option below:
6. If the record contains restricted information or is regulated, determine:
   • the restricted access period to be applied to the group of records – refer to the practical guide (PDF, 277.8 KB) for possible closure periods depending on type of information and level of sensitivity.
   • whether the record metadata contains restricted information and if it should therefore be restricted from publication to QSA’s public catalogue, ArchivesSearch – see When to restrict record metadata for more information.
7. Complete the RAN, specifying any relevant restriction details. Ensure it is signed by your public authority’s chief executive or authorised delegate for records access and submit it to discovery@archives.qld.gov.au or the relevant QSA officer.

Item or record metadata is open and may be published to QSA’s public catalogue, ArchivesSearch unless the metadata contains restricted information. This applies even if the item content is restricted under a RAP.

This metadata includes:

• the item or record title
• item dates
• departmental/agency numbers or other identifiers
• format information
• other details, such as description and remarks

If the record metadata contains restricted information, it may be restricted for the duration of the RAP for the relevant records. Metadata for public records that are not regulated and do not contain restricted information is open and may be published to QSA’s public catalogue.

Series metadata does not contain restricted information and is available in QSA’s public catalogue. This includes the series title, description and dates.

Item metadata assessments should occur at the same time as public records access assessments (see How to determine public records access (set a RAP)).

To complete metadata assessments:

• examine the item metadata of the relevant record grouping (use a QSA item list or ArchivesGateway if available).
• determine whether the metadata contains restricted information – refer to the practical guide (PDF, 315 KB) for relevant types of restricted information.
• consider the sensitivity of the item metadata when viewed in conjunction with series details (e.g. series title, description, dates).
• indicate on the RAN whether the item metadata for restricted records may or may not be published to QSA’s public catalogue.

See an example of a series description and an example of an open item metadata where the record is closed.

Note: If you have the appropriate access permissions, you will still be able to see all record metadata in  ArchivesGateway even if the metadata is not available on QSA’s public catalogue.

Public records at QSA are also subject to access restrictions for agency users in ArchivesGateway. These are known as access classifications and are a way for public authorities to manage the information security of their restricted records at QSA.

Access classifications are determined by the ArchivesGateway Security Administrator for your public authority. They are separate to the RAN and RAPs, but have some characteristics in common, including:

• Public records that are not eligible for a RAP or whose RAP has expired must have an access classification of ‘non-sensitive’
• Assessments of sensitivity are likely to be similar in each process
• Generally speaking, public records that contain information that should not be accessible to the public should also be protected under higher access classifications and user permissions in ArchivesGateway in case of a security breach or malicious activity

See the Access Classification Labels and Permissions in ArchivesGateway - Digital Archive Agency Toolkit (DOCX, 89 KB) for more information about access classifications.