Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-10-26 Daily Xml

Contents

STATE RECORDS ACT

The Hon. S.G. WADE (14:48): I seek leave to make a brief explanation before asking the Minister Assisting the Premier in Public Sector Management a question about the State Records Act.

Leave granted.

The Hon. S.G. WADE: The State Records Act is committed to the minister. Under the act, all agencies are under a statutory duty to ensure that official records in their custody are maintained in good order and condition. The minister approves standards relating to the management of public records to be promulgated by the Manager of State Records.

During the ongoing Burnside investigation, the independent investigator, Ken MacPherson, voiced concerns about breaches of the State Records Act that allowed state records to be permanently lost or inadequately backed up. The Burnside case highlights the need for effective records management across government. My questions to the minister are:

1. What steps is he taking to ensure that records of all official documents are maintained in good order?

2. Does he consider that all ministers have a responsibility to ensure that sufficient resources are allocated to their agencies to ensure that they can meet their responsibilities under the State Records Act 1997?

3. Can he assure the council that no agency head or staff would be subject to disciplinary action if their failure to comply with the act related to funding decisions or the relevant minister?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (14:49): The honourable member refers to a complaint about the City of Burnside, and I think he said it was a matter that Mr MacPherson had commented on. I am not aware of what Mr MacPherson said. Does the honourable member have a copy of the report? I certainly do not and I have no idea what Mr MacPherson has reported on.

However, I am aware that in late 2009 State Records received a complaint about the records management practices of the City of Burnside from a constituent. State Records decided it was appropriate to exercise its power under section 15(1) of the State Records Act to conduct a survey of the City of Burnside's official records and records management practices. The survey, which focused on the capture and disposal of official records, was conducted on 25 February this year. State Records provided a draft of the survey report to the City of Burnside as part of procedural fairness in July 2010, and State Records issued its final 2010 survey report to the City of Burnside on 26 July this year.

The survey did not provide any evidence that the City of Burnside or an employee of the City of Burnside had committed an offence under the State Records Act. The survey did highlight that a number of the City of Burnside's records management practices were inadequate. In the survey report, State Records made 16 recommendations to improve the records management practices at the City of Burnside; and State Records has requested that the City of Burnside develop an implementation plan that addresses the 16 recommendations. I think the City of Burnside was due to provide its implementation plan by the end of this month.

The fact that that survey was being conducted might well have been referred to Mr MacPherson in relation to his report. I am not aware of his findings, but, in relation to State Records reviews, what I have outlined to the chamber is my advice in relation to where that matter lies.