13.
the United Kingdom under "special archives rules" drawing a distinction between the "Royal Archives" and the "National Archives".
34 The material part of the Private Secretary's letter in response to the Official Secretary in February 2017 is as follows:
"The Royal Household agrees with the assessment outlined in your predecessor's letter of 7th April 2011 that correspondence between the Sovereign and her Governors-General and their respective offices are made in confidence. These are essentially private communications which are inherently sensitive. It has therefore been my understanding, and that of my predecessors, that the records in question are not caught by the Archives Act 1983, but are instead retained on the advice of the Royal Household for a minimum period of 50 years to reflect the uniqueness of the length of a reign. For the avoidance of doubt, I can confirm that the embargo period of 50 years applies in each of Her Majesty's 15 Commonwealth Realms, and the same convention of confidentiality is attached to communications between The Queen and her Ministers in the UK.
As my letter of 27th May 2011 makes clear, it is my strong view that a convention of confidentiality is necessary to protect the privacy and dignity of the Sovereign and her Governors-General, and to preserve the constitutional position of the Monarch and the Monarchy. This is clearly reflected in the special archives arrangements that are in place in the UK for the retention of these records. You are correct in noting the distinction between the Royal Archives at Windsor, which is a private archive not subject to FOI or the Public Records Act 1958, and The National Archives at Kew, which is the national archive for the United Kingdom and a public authority subject to information access legislation.
I hope that the above serves to clarify my agreement with the position outlined in your letter. Given the significance of the principles under examination, I am content for this letter to form part of the official submissions to the Court."
The Archives Act
35 The Archives Act commenced on 6 June 1984. It has since been amended numerous times. Its object, as now expressed in its text, is "to provide for a National Archives of Australia", the functions of which are stated to include
