Disposing of records and safeguarding privacy

Senators and Members and their staff are responsible for the safe and appropriate handling and disposal of their official records, when they are no longer required, or when the Senator or Member leaves office. These records may include private records and Commonwealth records. Senators and Members will generally be concerned to follow best practice in safeguarding privacy.

Disposing of private records

Records created or received by a Senator or Member in the course of their official duties are private records.

Private records include:

• correspondence with or on behalf of constituents
• press clippings
• Hansards
• documents relating to use of entitlements
• staff, finance and office records

These records should be retained for as long as they are required for reference, business or acquittal purposes. Private records may be deposited with local or state institutions such as archives or libraries. Conditions should be set on access to protect the confidentiality and privacy of constituents. If private records are to be destroyed, a secure means such as shredding or pulping should be employed.

Disposing of Commonwealth records

Records created as an office holder, such as a Minister or Parliamentary Secretary, are the property of the Commonwealth. These records cannot be destroyed or removed from Commonwealth custody unless approval has been granted by the National Archives in accordance with the Archives Act 1983.

Commonwealth records include:

• correspondence written or received by a Minister
• Cabinet records
• briefings and advice
• master copies of speeches given in the capacity of a Minister
• ministerial media releases

The Archives will accept custody of these Commonwealth records from Ministers and Parliamentary Secretaries. Cabinet records and departmental files should be returned to Cabinet Office or the relevant department.

Other Senators and Members who have Commonwealth records, such as Parliamentary Committee records, should consult the relevant Parliamentary department for advice on disposal. Generally speaking, Senators and Members may retain their personal copies of committee papers and reports for as long as they are needed.

Safeguarding privacy

As a general rule, Members who are not Ministers are not subject to the requirements of the Privacy Act 1988. Senators and Members, however, should meet the standards established by the Information Privacy Principles as a matter of best practice.

Ministers may come under the definition of 'agencies' in the Privacy Act and are therefore required to meet the privacy standards.

For further advice contact

Shirley Sullivan
Manager – Personal Records
National Archives of Australia
Phone: (02) 6212 3937
Email: shirley.sullivan@naa.gov.au