Australia Public Records Access

Finding public records in Australia is dependent upon the region of Australia that you are searching. There are several Australian government actions that have taken place which guide how each Australian State/Territory handles the release of public records. These government actions include, but are not limited to:

• The Archives Act of 1983
• Freedom of Information Act of 1982
• Australian Information Commissioner Act of 2010
• The Privacy Act of 1988
• The Evidence Act of 1995
• Electronic Transations Act of 1999
• Financial Management and Accountability Act of 1997
• Crimes Act of 1914

Generally, there are two types of records that one may be searching for. One type is archive records, which consist of older records that have been placed in government archives. For a record to be officially considered an archive record, a certain amount of time must have passed. The amount of time that needs to have passed in order for a record to be considered an archive record is dependent upon the state/territory for which the record is being sought.

The other type of record is a current record. Current records are generally much more difficult to obtain. Many provisions have been put in place in order to protect the privacy of individuals. The provisions are dependent upon many things. First of all, it depends on the state/territory that the record resides. Another factor is the person that is asking for the record. If the person seeking the record is an employer or a government agent, then they are more likely to find what they are looking for. However, it is still strongly dependent upon location, so it is advisable to seek the record whether or not you think you will succeed. If anything, you will learn what you do or do not have access to.

The other primary factor determining access to current records in Australia is the type of record that you are looking for. In general, criminal records have their own separate protocols. In order to protect the privacy of individuals, many laws have been passed in regards to the dispersal of criminal records in Australia. If you use our website to check the territory you are seeking the record in, we provide a link to the office that manages criminal records for each main territory/state.

Birth, death, marriage, immigration, and other types of records will fall under the same rules regarding disclosure. These types of records do not fall under the same rules as criminal records, and the requirements for accessing these records is generally easier. On our website, if you use our map to find the territory for which you are seeking a record, you will find a link to the state/territory public records office or other government agency responsible for managing these types of records.