Page:Hocking v Director-General of the National Archives of Australia.pdf/12

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6.

National Library completely embargoed for whatever period of time you suggest.

I think I should get this matter settled so that there is no doubt what is to be done with this correspondence in the event of my death."

17 Sir Martin Charteris' letter in reply included the following:

"I have given considerable thought as to what would be the most suitable repository for your papers dealing with the Governor-Generalship and particularly the correspondence which has passed between us and I have no doubt in my own mind that the best solution, from The Queen's point of view, would be for them to be deposited in the National Library. This end of the correspondence will, of course, be preserved in the Royal Archives under complete confidentiality.

If you agree to this solution it remains to be decided for what period of time your papers are placed under complete embargo. The figure we usually specify nowadays is 60 years from the end of the appointment concerned. In 1968, when the National Library of Australia tracked down the papers of the first Lord Stonehaven (Governor-General of Australia 1925–30), his son and successor offered to hand them over to that Library subject to The Queen's wishes. On Her Majesty's instructions we stipulated, and the National Library accepted, that they should remain closed until 60 years after the end of the appointment.

It seems therefore very suitable that your papers should be dealt with in the same way."

18 The exchange reveals that, although Sir John Kerr understood the correspondence to have been within his power of disposition, he did not understand his choice as to the disposition of the correspondence to be unfettered. He understood its historical significance to be such that it needed to be preserved in the national interest. And he understood Her Majesty's interest in its confidentiality to be such that he needed to consult with the Private Secretary as to the course he should take.

19 Next in chronological sequence is a letter sent in October 1977 from Mr Malcolm Fraser, as Prime Minister, to Sir John Kerr, as Governor-General. The letter refers to proposed legislation then in the form of a draft of what would become the Archives Bill and continues:

"The provisions of the draft Bill, clause 18, relating to compulsory transfer, custody and access provisions do not apply to the records of a