STEP 5 – Finalise access arrangements
Before records can be transferred, access arrangements are negotiated between the transferring agency and PROV. Under the Public Records Act 1973 records transferred to PROV are open to public unless specifically closed by both the Minister responsible for the transferring agency and the Minister responsible for PROV.
If the records proposed for transfer may be made available to the public, your agency’s responsible officer is required to sign a PRO 7A Access Authority form acknowledging the records’ open access status.
If PROV and your agency agree that the records should be recommended for closure to protect sensitive and confidential information:
- PROV prepares the PRO 7B/C/E Access Authority form specifying the records to be closed, the grounds for closure, and closure periods
- your agency seeks the Minister’s approval to close the records by outlining the grounds for closure, and the recommended closure period. The Minister indicates approval by signing the PRO 7B/C/E Access Authority.
- PROV then seeks our Minister’s approval for the same arrangements.
Agency actions:
- provide to PROV details of the records’ contents and advice on the sensitivity of the records
- for records that are to be closed to the public, prepare a Ministerial brief and submit along with the PRO 7B/C/E Access Authority form to their responsible minister for approval.
PROV actions:
- provide assistance with access decisions based on the Public Records Act 1973 and any relevant precedents
- prepare any PRO 7A/B/C/E Access Authority forms that require signatures from an agency’s responsible officer or Minister
- prepare a Ministerial brief to submit along with any PRO 7B/C/E Access Authority to the PROV Minister.
Resources:
Access categories: Open and closed records
Factsheets:
PROS 11/10 FS1 Closure of Public Records Under Section 9 Fact Sheet
PROS 11/10 FS2 Closure of Public Records Under Section 10(1) Fact Sheet
PROS 11/10 FS3 Closure of Public Records Under Section 10AA Fact Sheet
Important:
Records that are closed to the public may still be retrieved by the responsible agency.