Public statement – Update on the independent review into the transfer of 2003 Cabinet records to the National Archives of Australia

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Statement

The Department of the Prime Minister and Cabinet is on track with the implementation of all recommendations from the independent review into the 2020 transfer of 2003 Cabinet records to the National Archives of Australia (NAA).

Professor Glyn Davis AC, Secretary of the Department of Prime Minister and Cabinet (PM&C) appointed Mr Dennis Richardson AC to undertake the review on 1 January 2024. The final report was delivered to the Secretary and Mr Simon Froude, Director-General of the NAA, on 25 January 2024.

Mr Richardson made five recommendations—three of which are being led by the department.

This includes improving the archival processes for Cabinet records within the department; ensuring senior staff hold appropriate security clearances; and assuring the annual transfer of Cabinet records to the NAA.

Recommendations four and five are being led by the NAA with the support of the department.

The department is committed to implementing all recommendations in full, as quickly as possible.

Four recommendations have been fully implemented or substantially completed. The department continues to work with the NAA to implement recommendation four.

Recommendation 1 – substantially complete

A dedicated Cabinet Records Section has been established within department’s Cabinet Division, including staff with records management expertise. This section is responsible for the effective management, storage and transfer of Cabinet records.

Within Cabinet Division, all staff have completed training to make sure they have a comprehensive understanding of records management and their responsibilities under the Archives Act. All new staff to the division are required to undertake this training upon commencement.

To support the transfer of highly-classified Cabinet records to the NAA, all staff within Cabinet Division who have a Top Secret Positive Vetting security clearance have been identified. Additional staff are going through the process to a secure a Top Secret Positive Vetting security clearance.

Physical Cabinet records are currently managed through a central register on a legacy system. A project is underway to improve how these records are tracked, with the new IT solution scheduled for rollout in September 2024.

The department’s Enterprise Risk and Internal Audit team has commenced periodic reviews of the management of Cabinet records and transfer arrangements with the NAA, with an internal audit into the implementation of the independent review underway.

Recommendation 2 – substantially complete

Processes have been put in place to ensure the First Assistant Secretary of Cabinet Division holds a Top Secret Positive Vetting Clearance. A recruitment process for this position will commence shortly. The successful candidate will be required to obtain a Top Secret Positive Vetting Clearance, if they do not already hold one.

Recommendation 3 – complete

The Secretary has signed formal letters to the Director-General of the NAA confirming all Cabinet records for 2003 to 2007 have now been transferred.

Recommendation 4 – in progress

The department is working with the NAA to review its record authorities relevant to Cabinet records. The department and the NAA are developing a Cabinet Records Authority, which will clarify legislative obligations and operational arrangements for the transfer of Cabinet records on an annual basis.

Recommendation 5 – complete

The department continues to provide the NAA with National Security Committee (NSC) records. The NAA has the discretion to include NSC records in the annual public release process, if appropriate. The department has been advised that where appropriate, the NAA will include NSC records in future public releases.

The department acknowledges the transfer of Cabinet records, along with the NAA’s public release scheme, is critical to transparency and accountability of government decision-making.

More information

A copy of the report is available at: Review of the transfer of the 2003 Cabinet records from PM&C to the National Archives of Australia.