Environment and Resource Management

Accessing the database guidelines

1. Guiding Principles

Under Part 5 of the Aboriginal Cultural Heritage Act 2003 and Part 5 of the Torres Strait Islander Cultural Heritage Act 2003 ('the Acts') the Cultural Heritage Coordination Unit (CHCU) of the department maintains an:

Aboriginal and Torres Strait Islander Cultural Heritage Database and Reports Catalogue ('the Database')

The main purpose of the Database is to provide a research and planning tool to help Aboriginal parties, researchers and other persons in their consideration of the Aboriginal cultural heritage values of particular areas (s39).

The Acts provide that access to the Database must not generally be given to the public (s42). However:

The Acts therefore place some restrictions on access to the Database. However, the Acts also recognises that information about cultural heritage places needs to be made available to people such as land managers, cultural heritage consultants and researchers, so that the data can be appropriately used in the recognition, identification, assessment, protection and conservation of cultural heritage places.

The Aboriginal and Torres Strait Islander Register ('the Register')

The purpose of establishing a Register is to provide details of information contained in cultural heritage studies, information about whether particular areas have been the subject of cultural heritage management plans (CHMPs) and information about Aboriginal or Torres Strait Islander Cultural Heritage Bodies (s47). Access to the Register is generally available to the public.

2. Desired Outcomes

3. Accessing the Database

To provide reasonable access to information contained in the Database, during normal working hours, in accordance with provisions of the Acts.

Access by the Aboriginal or Torres Strait Islander party

If an Aboriginal or Torres Strait Islander party, as defined in Part 4 of the Acts seeks access to the Database, the information that relates to that area must be provided to that Aboriginal party.

Access to persons in order to satisfy the cultural heritage Duty of Care

Persons submitting an Aboriginal and Torres Strait Islander Cultural Heritage Search Request (PDF, 170K)* must indicate which category of the Cultural Heritage Duty of Care Guidelines applies to the proposed activity.

By indicating the Cultural Heritage Duty of Care Guidelines (PDF, 160K)* category the person has evidenced that:

As such, the person has demonstrated that they have a particular need to access the Database.

In the absence of a completed Aboriginal and Torres Strait Islander Cultural Heritage Search Request (PDF, 170K)* the chief executive may also provide access to a party who has otherwise demonstrated a particular need to be aware of the information in order to satisfy their duty of care.

Access by a researcher to Aboriginal or Torres Strait Islander cultural heritage

Importantly, access may be provided to a person who is conducting research into Aboriginal or Torres Strait Islander cultural heritage. Access may be provided if, in the chief executive's opinion, the information relates to the research (s45).

The CHCU will make available information and descriptions of sites in accordance with procedures outlined below which require clear evidence that the appropriate Aboriginal or Torres Strait Islander party has been consulted and has provided consent.

In addition, as the purpose of the Database is to assemble, in a central and accessible location, information about Aboriginal and Torres Strait Islander cultural heritage, any information provided to the researcher is to be provided on the basis that the researcher must provide the CHCU with a copy of any report/paper/publication that results from having gained access to the Database.

Data obtained from the CHCU may not be redistributed without the prior authorisation of the department.

Access Procedures for a researcher

In order to obtain information from the Database a completed Data Request Form (PDF, 284K)* must be submitted to the CHCU. This may be done by mail, fax or e-mail. The request will be assessed by the CHCU.

The Data Request Form (PDF, 284K)* will require clear evidence that the appropriate Aboriginal or Torres Strait Islander community has been consulted and has agreed to the release of information relating to copies of site cards and reports.

For consistency the Data Request Form should be directed through the CHCU, Brisbane, for assessment and approval. A centralised database of requests will be maintained.

Depending on the nature of the request, a particular type of summary format will be provided.

Alternatively, and preferably, applicants will be permitted to view material at any of the centres where the relevant material is held. Where a depositor has indicated that site cards or reports may be copied, the department depending on circumstances may allow this.

Information cannot be shared with any individual not listed on the Data Request Form without the written permission of the Director, CHCU, or other delegated officer. A response time of 10 to 15 working days can generally be expected in replying to information requests.

4. Nature of the information available

The Database contains information on sites and places collected over a period of nearly forty years. It is of variable quality both in terms of description of places, accuracy of location and extent of site details. In many cases, the department cannot guarantee that a site is still extant.

In addition, it is probable that the absence of recorded Aboriginal and Torres Strait Islander cultural heritage places reflects a lack of previous cultural heritage surveys of areas. Therefore, the department records are not likely to reflect a true picture of the Aboriginal and Torres Strait Islander cultural heritage values of the area. Since most of the State has not been systematically investigated, it is highly likely that other unknown or unrecorded sites will exist in the particular area of interest.

If specific locational data is provided to the applicant it should not be included in reports that will appear in the public domain, publications or information releases, unless the site is one to which public access is already available. If symbols are used to indicate the location of sites on publicly available maps, the symbols should be large enough to prevent the easy location of sites. Other information, which enables the identification of sites, should be similarly excluded from public documents.

The provision of information does not by itself satisfy the requirements of a cultural heritage Duty of Care, cultural heritage overview study or assessment. If information is being gathered for a cultural heritage overview or assessment prior to land development, the Duty of Care Guidelines (PDF, 160K)* should be consulted in order for the land user to assess the proposed activity in regard to the cultural heritage Duty of Care.

The department makes no guarantees regarding the accuracy, timeliness or completeness of the data provided. The user is required to advise the CHCU of any inconsistencies or errors in the information provided.

5. Deposition of Site Cards and Reports

Individuals and groups submitting site cards and reports to the CHCU should submit a Deposition Form (PDF, 222K)* with the material. This will allow the depositor to put appropriate restrictions on the material supplied.

* Requires Acrobat Reader

Last updated: 16 March 2009

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