Freedom of Information Act 1982

provides for public access and appeal rights concerning Commonwealth records and exposes the internal decision-making processes of all Commonwealth agencies to public scrutiny. There is a range of documents which may be exempted from production under this Act including those containing personal, business or confidential matters. However an individual may seek access to any personal information the agency holds about him and, if lawfully granted, may request its amendment if he alleges that it is incomplete, incorrect, misleading or out-of-date. Any request for official ANU records less than 30 years old, whether or not these are made under the terms of the FOI Act, and particularly any request for information relating to court summonses, should be referred to the University’s Legal Office.

Archives Act 1983

provides for the management of all Commonwealth records, including appeal rights concerning access to records older than 30 years. The Act empowers the National Archives to control the disposal of Commonwealth records by identifying and preserving those records that must be retained for legal, fiscal, administrative or other reasons. Requests for access to records more than 30 years old should be directed to the University Archivist. It is illegal to destroy or otherwise dispose of a record, to transfer the custody or ownership of a record, or to damage or alter a record unless required by law; authorised by the National Archives or carried out under ‘Normal Administrative Practice’ (Penalty: $2,000).

Privacy Act 1988

provides standards in relation to personal information handling practices by a Commonwealth agency for an official purpose. It specifies the minimum legal requirements for collecting, using and protecting a record as well as the confidentiality of Tax File Numbers. The Act contains 11 Information Privacy Principles. These require that personal information in ANU custody be accurate, up to date and not misleading; used only for the purposes for which it was obtained; and not disclosed to another person or agency, unless an exception is applicable.

Evidence Act 1995

this federal statute, together with the equivalent State legislation, provides that records of Commonwealth agencies may be subject to subpoena or court discovery and must therefore be maintained as ‘admissible’ records. To be admissible the record must be: authentic, complete and accurate; logically sequenced and arranged.

Related legislation

ANU records are also affected by the Administrative Appeals Tribunal Act 1975, the Ombudsman Act 1976, and the Administrative Decisions (Judicial Review) Act 1977 which provide fundamental rights of appeal concerning public access to the processes and outcomes of Commonwealth agencies’ decisions.

Records Disposal Authorities

Records may only be disposed of in accordance with either General Disposal Authorities or Records Disposal Authorities specific to the ANU, both of which are issued by the National Archives. These Authorities identify valuable and permanent records, ephemeral and short-term value records, and specify the retention periods for records to be held in ANU custody or in repositories of the National Archives.

Records Destruction

Destruction of all official records of the ANU is to be coordinated through the University Records Office in consultation with the University Archivist. Records that document significant activities of the ANU or those with long term value must not be destroyed.

No record may be destroyed which is currently the subject of a court action, official inquiry, Freedom of Information request or any other legally binding request for access. If a staff member is in doubt on this issue, advice must be sought from the University Legal Office.

Security of Records

All official ANU records should be protected from unauthorised access, disclosure or modification or loss or damage. All employees are personally accountable for the correct management of documents and records under their direct control. In this context reference should also be made to the ANU Code of Conduct issued in 1998.

Need Further Information?

More detail on the above issues can be found in the Records Management Manual. University Records staff can also provide advice and assistance so that all ANU employees may properly discharge their recordkeeping responsibilities.

For further information on records management policies and procedures contact either:

Manager, University Records - Telephone Extension 54237; or email: records.manager@anu.edu.au

University Archivist - Telephone Extension 59602; or email: university.archivist@anu.edu.au