Such records are invaluable to Indigenous people to demonstrate connection with the land when submitting land claims, and to trace family members who were taken away under past government policies. Legislation which deals with archives varies considerably between the Commonwealth and States. The Archive Authority of New South Wales operates under legislation which contains an implied rather than statutory right of public access, with transferring agencies setting access conditions at the time of transfer, or subsequently. Differing legislative obligations result in a range of policies and practices, particularly relating to access. There is a need for uniformity.
Many records relating to Indigenous people deal with entire families and communities.
The Archives Act does not include provisions for consultation with the subjects of personal information being considered for public release. Whilst the Archives Act does not make specific provision for access by individuals to records considered unsuitable for general release, other than through the special access provisions, there are strict conditions that relate to qualifications and purpose. The Issues Paper notes that in light of these problems, Australian Archives has made informal arrangements with Indigenous community groups for accredited researchers to access records on behalf of Indigenous communities. This type of access comes within the framework of section 58 of the Archives Act . This provides that records may be released outside the provisions of the legislation, where it is appropriate to do so.