Recommendation 1
PM&C should thoroughly review its record management processes, especially that of the Cabinet Division, and transfer of Cabinet records to the NAA, with a view to:
- there being a central register of the locations within PM&C which store Cabinet records, especially those containing the Cabinet records of previous governments;
- all Cabinet Division officers, and any other officers in the Department working with Cabinet records, possessing at least a basic understanding of their responsibilities under the Archives Act;
- the Cabinet Division, and any other relevant area, having a properly trained and experienced records management officer(s) with the necessary security clearance (a TSPV in the case of Cabinet Division) to do their job professionally and with confidence;
- staff responsible at the working level for transfer of Cabinet records to the NAA have a TSPV clearance to enable access to all Cabinet record, regardless of classification; and
- PM&C’s internal audit undertaking periodic reviews of the Department’s management of Cabinet records and of transfer arrangements with the NAA.
Recommendation 2
The head of Cabinet Division within PM&C, and the Director-General of the NAA should hold a TSPV security clearance.
Implementation considerations
In obtaining a TSPV security clearance, the head of the Cabinet Division and the Director-General of the NAA should be briefed into whatever compartment is necessary to enable them to meet their professional and legislative responsibilities.
Recommendation 3
On an annual basis, the Secretary of PM&C should sign a formal letter to the Director-General of the NAA confirming that all Cabinet records required to be transferred to the NAA that year, have been so transferred.
Implementation considerations
In some circumstances it may be appropriate for a department to retain possession of records. Where this is the case, the Secretary should satisfy him/herself that the requirements of section 29 of the Archives Act have been met.
Recommendation 4
The NAA, with the support of PM&C, should review its records authorities, relevant to Cabinet records. In particular, the NAA and PM&C should, as a matter of urgency, develop a new records authority including a section 3C determination that confirms Cabinet records are part of the archival resources of the Commonwealth to ensure Cabinet records are subject to transfer obligations under section 27 the Archives Act.
Implementation considerations
The 1988 Records Disposal Schedule No. S.492 is expressed to remain operative for 10 years or until amended, cancelled or superseded. This and other NAA guidelines which inform transfer have not been updated. While there is no question that Cabinet records are part of the archival resources of the Commonwealth, the legislative requirements of the Archives Act should be followed.
Once the determination is made, the NAA and PM&C should agree on operational matters that underpin the transfer obligations, in particular those relating to the transfer of Cabinet records 15 years after creation.
Consideration should also be given to PM&C providing a list of Cabinet records created to the NAA, so that it can check the list of records transferred against the list of records created.
Recommendation 5
As the NSC is a decision-making body, the NAA should consider the desirability of including NSC records in the annual public release process in the same way as records of the full Cabinet.