Statutes Amendment Bill
Members, we come to Part 21. This is the debate on clauses 84 to 85, âAmendment to Inquiries Act 2013â. The question is that Part 21 stand part.
Thank you, Mr Chair. In terms of these statutes amendment bills being simply clarification, itâs pretty well entrenched. Itâs just been a few occasions where I think itâs at least arguable that theyâve gone a bit beyond thatâand, you know, the immigration one weâve talked about before kind of expanded rather than clarified.
This is another one where the Public Records Actâsorry, the Inquiries Act; this is the interface of the Inquiries Act with the Public Records Act. The original phrasing in section 33(4) of the Inquiries Act simply says that âfor the purposes of Part 3
This is quite important, because previously if an inquiry said âOperation Burnham: this is top secret or this is confidentialâthis is secret informationâ, the Chief Archivist could generally make a judgment about that, and doesnât actually have to keep stuff which is classifiedâclassified forever. He or she could say, âWell, in my view, 10 years has passed and thereâs a high public interest in this coming out, so Iâm going to release it, or Iâm going to release it in partââor whatever. But all of a sudden, in new subsection (4A), it says that âmust act consistently with the orderâ means that âif the order forbids publication of any thing described in [the sections]âŚto that thing as restricted access records as defined in [the section]â, then theyâve got to do that.
Iâm concerned that this is actually making things more secret, in overriding what historically has been a wide discretion of the Chief Archivist to make a call on when things should be declassified. We can see from things like Operation Burnham that sometimes thereâs a significant public interest in that declassificationâbecause I think we sometimes miss how important our archivist is in both not just keeping and caring for our public records but also in making sure that they are made public when itâs appropriate to do so.
So because the section says, you know, âreplace subsection (4)â, but then it introduces an entire new subsection (4A), which doesnât just explain what âact consistently with the orderâ means, which is the new concept, because weâve moved from section 33, âtake into account any orderâ to âact consistently with the orderâ, and thatâs a significantly different thing. Iâd be interested in the Ministerâs comments on that.
Thank you, Mr Chair. This amendment is to more clearly enable the relevant department to review or change the public access settings to historical inquiry records. That is the objective of this change. Itâs not creating anything newâitâs just clarifying what is already the status quo. I note that the member thought that there could be files hidden. One would actually be a bit more optimistic than that and think that there would be files opened.
Part 21 agreed to.
Part 22 Amendments to Juries Act 1981