From time to time the Archives prevents the destruction of a group of records. This is called a ‘records disposal freeze’. A disposal freeze may be placed on records when the particular topic or event they document gains prominence or becomes controversial. After assessing the situation, the Archives may amend relevant Records Authorities to prevent agencies from destroying significant records.

Australian Government agencies can sentence records, using a current Records Authority, that are subject to a records disposal freeze, but cannot destroy them until the Archives either lifts the freeze or issues new instructions on when it is safe to destroy the records. If your agency decides to go ahead and sentence records that are subject to a records disposal freeze, you may need to review the sentence later when the National Archives gives additional advice. 

Currently there are disposal freezes on records relating to:

• eligibility to join a Commonwealth superannuation scheme 
• the Vietnam War 
• atomic testing conducted in Australian territories, including test sites and personnel associated with the testing 
• Aboriginal and Torres Strait Islander people who were separated from their families

The National Archives applied a records disposal freeze on selected personnel and superannuation records on 1 November 2006. These records may be needed in processing claims against the Commonwealth concerning eligibility to join a Commonwealth superannuation scheme.

At the request of and in consultation with the Department of Finance and Deregulation, the disposal freeze has been extended to 31 December 2010. More information about the records affected by the freeze is contained in the official Notice of Disposal Freeze (2008) (PDF 3.01mb).

The records disposal freeze will be in force until 31 December 2010, at which time it will be reviewed. Further notices will be issued if it is necessary to extend the records disposal freeze beyond that date.

More information about the initial disposal freeze, imposed in consultation with the Department of Finance and Administration and on the advice of the Australian Government Solicitor, is contained in the official Notice of Disposal Freeze (2006) (PDF 719kb).

In 1980 McMillan and Co, the law firm representing the Vietnam Veterans Action Association, wrote to the Prime Minister urging the preservation of all records that may pertain to the Vietnam War and persons who served in it. In response, the government issued a directive for a records disposal freeze on all records relating to the service in Vietnam of servicemen and public servants.

In particular, but not exclusively, the freeze covers records relevant to the study into the effects of herbicides and other chemicals on those who served in Vietnam. The freeze is not limited to particular types of records such as personal case files and applies to all types of records that may be relevant to future claims against the Commonwealth.

Between 1952 and 1968 the British Government, with the agreement and support of Australia, carried out nuclear tests at three sites in Australia – Monte Bello Islands off the Western Australian coast, and Emu Field and Maralinga in South Australia. Both British and Australian personnel were present at these sites when testing was carried out.

In 1984, following growing public concern about the health effects of the nuclear tests, the Australian Government established a Royal Commission to investigate. To provide the Royal Commission with access to records relevant to its inquiries, the National Archives imposed a records disposal freeze on all records relating to the nuclear tests and the test sites (July 1984). This freeze remains in place today and relates particularly to records containing information about the following:

• test sites, including their construction, use, decontamination and dismantling
• operations conducted on the sites
• personnel serving on the sites
• personnel serving elsewhere in connection with the tests
• treatment or disposal of equipment used in connection with the tests, whether located on the sites or elsewhere

In 1991 the Royal Commission into Aboriginal Deaths in Custody found that the number of deaths was higher for Aboriginal people who had been separated from their families than for Aboriginal people who had not. The Commission recommended:

That Commonwealth, State and Territory governments provide access to all Government archival records pertaining to the family and community histories of Aboriginal people so as to assist the process of enabling Aboriginal people to re-establish community and family links with those from whom they have been separated as a result of past policies of the Government ...

In 1996 the National Archives implemented a freeze on the destruction of all records in its custody that could be of use to Indigenous people tracing their family and community connections.

In 1997, the Bringing Them Home report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families recommended:

That no records relating to Indigenous individuals, families or communities or to any children, Indigenous or otherwise, removed from their families for any reason, whether held by government or non-government agencies, be destroyed.

In its formal response to this report, the government supported the indefinite freeze on the destruction of records which might be of assistance in Indigenous family reunions.

In September 2000, the 1996 freeze was extended to cover records still in the custody of selected Australian Government agencies (PDF 49kb). The Archives has provided a set of Guidelines for agency staff (PDF 193kb) in relation to this records disposal freeze.