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6 October 2023

On 28 March 2019, the Chief Archivist issued a General Notice under section 20 of the Public Records Act 2005 to put in place a moratorium on the disposal of any records relevant to the Abuse in Care Royal Commission of Inquiry as set out in its Terms of Reference (the “Royal Commission”).

This disposal moratorium is still in place. It revokes all current disposal authorisation related to any public records relevant to the Royal Commission’s terms of reference. This means that no public records that may be relevant to the Royal Commission may be disposed of until the moratorium is lifted.

In response to the interim recommendations of the Royal Commission, the Crown is now identifying how to make it easier for survivors of abuse in care to request, receive, and understand their care records, and to have an improved sense of control over their care narrative.

The intended care records protection mechanism will support the Crown’s work in this area while reducing the burden public offices face in complying with the current disposal moratorium.

The aim is for the care records protection mechanism to be more targeted in scope, not only of the records but also the disposal actions that are prohibited.

Changes have been made to how the Moratorium is to be used.

Refer to Updates on the disposal moratorium for more information.