A major government record-keeping "stuff-up" has resulted in sensitive documents from the 1980s Fitzgerald Inquiry into Queensland Police corruption being mistakenly made available to the public. These records potentially identify secret witnesses, anonymous testimony and criminal allegations.

A Queensland Parliamentary inquiry is now underway to uncover how these documents held in the State Archives were able to be accessed by journalists and other individuals. A Royal Commission is also being considered.

The Fitzgerald inquiry was a watershed in Queensland history. It resulted in the deposition of a premier, two by-elections, the jailing of three former ministers and a police commissioner who was jailed and lost his knighthood. It also led directly to the end of the National Party of Australia's 32-year run as the government of Queensland.

There are around 19,000 items from the Inquiry now held at the Queensland State Archive in Runcorn, a suburb of Brisbane. These have been transferred from the Crime and Misconduct Commission (CMC), an independent body that took over the records from the Fitzgerald Inquiry.

Since the blunder was revealed by The Australian newspaper, CMC chairman Ross Martin has taken permanent leave from his post for health reasons.

The inquiry began after journalist Hedley Thomas revealed that documents holding information about acts of murder, protected witnesses and alleged police corruption were mistakenly reclassified and made open to public access in 2012.

Assistant Commissioner Warren Strange confirmed the CMC has already received calls from participants in the Fitzgerald Inquiry concerned about whether their records may have been accessed. 

"At this stage we have established a process of a dedicated officer to speak to those people and take their details and their concerns," he said.

A Queensland Parliamentary Committee of Inquiry is also now investigating the mistaken destruction of as many as 4,000 Fitzgerald Commission documents by the CMC in about 2007.

Rob Martin, General Counsel for the CMC, told the inquiry, " As a result of an administrative error," many more documents were opened up to public access in 2012 than should have been the case.

He explained that "... on 3 September 2010 the Queensland State Archives was advised by the CMC Records Manager of a minimum 65-year retention period …

"On 3 February 2012 …  the Director of Information Management changed the access period—the retention period—to 20 years. Because 20 years had already passed, that meant they were instantly available as at 3 February 2012 …"

The CMC was alerted to the public availability of the sensitive documents in May 2012.

"There was some attempt to correct that, but that attempt was imperfect," said Martin

Jackie Trad, ALP Member for South Brisbane, noted, "... that this does look like a significant stuff-up on the part of the CMC."

Queensland State Archivist Janet Prowse outlined how "In February 2012 the CMC on its own accord decided to, under section 19(2) of the [Queensland] Public Records Act, changed its restricted access notice, which it is legally entitled to do. Then it changed again and again and again and then recently.... 

"So once the restricted access period for the record ends, under the Public Records Act I must provide access to the record because I am the custodian, not the owner, and the owner sets the restrictions."

Once the documents had been reclassified, it then became the job of State Archives officers to assist with any request for their production and replication.

State Archives has provided the Parliamentary committee with a list of all those who accessed the records via its Archives One collection management system. It has also confirmed that security cameras were operating in the Reading Room where the records were accessed and it will be able to supply footage.

However it emerged during the initial Parliamentary Inquiry's initial sittings that all information about who requested the records was self-volunteered and unable to be verified. There were also concerns that metadata available on the State Archives web site could have been used to identify secret witnesses.

According to a statement from the CMC, "Having discovered this oversight, out of an abundance of caution and as a temporary measure, the CMC has immediately instituted a 65-year restriction on all documents. The CMC has further determined it is in the public interest to review the issue of access to all Fitzgerald Inquiry records (which number in excess of 19,000 items) and how the administrative error occurred.

"The review will also seek to determine whether any inappropriate access has occurred in order to ascertain associated potential for harm.

"While it is not appropriate to comment further as this review is underway, it appears that an inherent problem in the archiving of Fitzgerald Inquiry records – a process that has occurred over a protracted period, from 2005 to 2010 – stems from the quantity of material involved, as well as the way it has been gathered, described and handled by the Fitzgerald Inquiry, the CJC and the CMC over the years."

Queensland Attorney-General Jarrod Bleijie stated, "the blame here rests with the CMC and at some point in time some questions are going to have to be asked about who is going to take responsibility at the CMC for what has happened."