The National Archives of Australia has announced that correspondence between former Governor-General Sir John Kerr and Queen Elizabeth, known as the “Palace Papers”, is to remain closed to public access until 2027.
Responding to a decision of the Federal Court which considered whether the papers were Commonwealth records or the private papers of the Governor-General, the Archives said the Court had decided the papers were to be treated as private and personal correspondence, as had traditionally been the case.
“This view has also been taken in respect of correspondence to and from the Queen with other Governors-General, including Sir Paul Hasluck, Sir Zelman Cowen and Sir Ninian Stephen,” the Archives said.
“The Court also found that, in providing periodic briefings to the Queen, Sir John Kerr was not exercising the executive power of the Commonwealth.”
It said the Court noted that the Archives’ construction of the Act conformed with the view taken in the United Kingdom, where such correspondence (as well as other private and personal records of the Queen) was housed in the Royal Archives and access was governed by specific agreements.
“In line with the judgment, the personal records of Sir John Kerr will remain subject to the conditions set out in the Instrument of Deposit,” the Archives said.
It said these conditions dictate that the records remain closed until 2027.
“They are also subject to a further caveat that they should be released only after consultation with the Sovereign’s Private Secretary of the day and with the Governor-General’s Official Secretary of the day,” the Archives said.
The written decision of the Court can be accessed at this PS News link.
