There are a number of legislative and regulatory obligations that have specific requirements concerning the retention and disposal of information that public authorities need to be aware of. These include:

• Public Records Act 2002;
• Public Service Act 1996;
• Electronic Transactions (Queensland) Act 2001;
• Judicial Review Act 1991;
• Freedom of Information Act 1997;
• Evidence Act 1977;
• Public Sector Industrial and Employee Relations Directives;
• Financial Management Standard 1997;
• Recordkeeping (IS40);
• Managing Technology-Dependent Records (IS41);
• ICT Maintenance and Disposal (IS19); and
• Information Privacy IS42 and IS42A.

The appraisal process involves identifying and analysing the functions and activities of agencies and assessing the value of the related records according to a set of criteria that includes consideration of accountability, legal, administrative, financial, research and socio-cultural requirements and expectations. The scope of the appraisal process includes records of outsourced functions and activities and records held in the custody of a public authority.

For accountability purposes appraisal decisions should be documented in an appraisal report and a disposal schedule developed for authorisation by the State Archivist to support the systematic and legal disposal of public records. A disposal schedule is a list that identifies the retention status (e.g. permanent or temporary) and retention period and disposal action (e.g. destroy 7 years after date of last action) for each class or series of records created and received by the public authority.

Further information concerning the appraisal, retention and disposal of public records is available in the Best Practice Guide to Recordkeeping and Queensland State Archives' guideline Retention and Disposal of Public Records.

All queries regarding the appraisal and retention of records should be directed to Queensland State Archives info@archives.qld.gov.au.

Disposal includes destroying or damaging a record, or part of a record, and abandoning, transferring, selling, donating or giving away a record and applies to records created and maintained in any format including paper, electronic, photographic, film etc.

Public authorities are required to manage records of continuing value. This term applied to all records that need to be kept for any length of time. The length of time for which such records are required may vary from a few months to forever, depending on the needs of the public authority that created them and the agency's requirements and the need to protect the rights of citizens involved.

Records disposal practices should be authorised and implemented according to s.s. 13, 26, 27, 39 - 41 of the Public Records Act 2002. Disposal activities should be incorporated into the public authority's compliance program established under Principles 2 and 7 of Recordkeeping (IS40) and only undertaken in accordance with a valid disposal authority approved by the State Archivist.

The State Archivist has the power to authorise the disposal of particular public records or classes of public records. The State Archivist can authorise disposal of records by approving a Retention and Disposal Schedule. Where such a schedule does not exist or where an existing Schedule does not cover the disposal of a particular record, a public authority must seek authorisation from the State Archivist before disposing of a record.

Records disposal should ensure responsibilities and processes are assigned and that destructions are authorised and documented. For example, agencies should keep a log of destructions, listing the type, class or series of records destroyed; date range of records; the date of destruction; who destroyed the records; and the relevant Queensland Disposal Authority Number (QDAN) and reference number.

Public authorities destroying records are to use methods that consider the security classification of the record. Public authorities must also ensure that disposal methods used do not have a negative impact on the environment.

A responsible officer is to supervise the destruction process and should remain at the site until the record is effectively and completely destroyed beyond any possible re-construction. If a third party is used for the destruction of records, a destruction certificate is to be obtained and retained permanently by the public authority.

State agencies and statutory bodies should also refer to Information Security (IS18), Information Privacy (IS42) & (Qld Health IS42A) and ICT Maintenance & Disposal (IS19) when developing processes for the disposal of records by the public authority.

The State Archivist has approved a number of generic Retention and Disposal Schedules, including the General Disposal and Retention Schedule for Administrative Records. This Schedule is to be used by all public authorities to sentence general administrative records, for example, those created for financial management, asset management, human resource management, information management, etc. Other generic Schedules include:-

• General Disposal and Retention Schedule for Local Government Records
• Disposal and Retention Schedule for TAFE Institute Records

Agency-specific Schedules should include a reference number and description for each records class or series listed; the status (temporary or permanent) of each record; and the disposal action, for example, retain for 7 years after last action. Public authorities must submit draft disposal schedules to Queensland State Archives (QSA) for review and approval by the State Archivist prior to implementation. QSA assigns a Queensland Disposal Authority Number (QDAN) to each approved Schedule.

It is recommended that public authorities develop a disposal schedule using a functions-based business classification scheme or structure, rather than a subject or business unit/division-based classification, as internal business structures within agencies tend to change frequently. If a functions-based approach is followed Schedules will not need to be amended and reviewed as often.

Further information on developing disposal schedules can be found in the Queensland State Archives' guideline Retention and Disposal of Public Records and relevant policy documents.

Public authorities are required to manage and preserve records in accordance with Queensland State Archives' guidelines on preserving public records. Appropriate protective materials, handling procedures and storage systems, devices and practices need to be implemented, particularly for records of long-term or continuing value.

Each public authority should ensure that records are adequately stored to prevent physical damage and minimise the physical deterioration of the records. Records appraised as requiring long-term retention should be stored in a cool, dry and dust-free environment with stable and controlled temperature and humidity.