Release of two records management advice sheets - Whistleblowers Protection Act, 1993 - Implications for Records Management and Day Batching of Official Records.Across-Government Records Management Advice Sheets
According to the State Records Act, 1997, State Records of South Australia is responsible for a governance role in the recordkeeping practices of state and local government agencies and authorities. It is also responsible for providing advice and guidance to these agencies in the area of records management.
The Adequate Records Management Framework grew out of the directive in the State Records Act, 1997, which states:
'If the Manager [Director of State Records] is of the opinion that the records management practices of an agency are inadequate, the Manager [Director] must report the matter to the Minister.'
Part of State Records role is to define what 'Adequate Records Management' means and to ensure that agencies meet these standards.
The Adequate Records Management Framework is composed of a range of South Australian Government approved:
Adequate Records Management is an overarching framework for the South Australian Government. It is an outcome-based regime for the records management practices of all state and local government agencies and authorities. It has been developed with reference to the Australian Standard for Records Management, AS ISO 15489-2002.
Owing to the diverse nature of business covered by the South Australian Government, this is not a prescriptive standard, but rather outlines the minimum requirements that agencies and authorities need to meet and, ideally, exceed.
The benchmarks set the minimum requirements for Adequate Records Management. State Records encourages agencies to aim beyond this minimum level.
Agencies will be required to undertake regular assessment reporting against their records management policies and practices. These assessments, accompanied by formal monitoring by State Records, will ensure that agencies meet the benchmarks.
The Adequate Records Management is a new regime for all South Australian government agencies and authorities, state and local, and is applicable throughout the workplace.
As part of the Adequate Records Management outcomes, all staff need to be provided with training regarding records management principles and practices.
Benefits of adequate records management practices include:
informed policy making, decision making and planning for the delivery of services
good risk management and corporate governance
enhanced operational effectiveness
increased client satisfaction
better management and delivery of services
increased productivity
increased accountability
improved access to and sharing of corporate information
improved ability to meet community expectations.
By meeting and exceeding the outcomes of Adequate Records Management, agencies will be meeting the legislative imperatives outlined in the State Records Act, 1997.
Inadequate Records Management - Potential Outcomes
There are many potential problems and costs associated with inadequate records management. Some of which include:
an Agency/authority being unable to adequately defend itself in court and subsequently being financially penalised
inefficient and ineffective processes for the discovery of records associated with legal proceedings
embarrassment for Agencies and authorities if they are unable to justify actions of their staff and / or appropriateness of their decision-making (or administrative processes)
many public servants operate in an information vacuum as they are unaware of the work being undertaken by other work-groups/Agencies/authorities that is linked to or impacts their business as a consequence Across-Government savings are not realised
escalating costs to manage the number and antiquated nature of existing inefficient recordkeeping systems
loss of corporate information and knowledge due to failure to capture records, including e-mail records, outgoing correspondence and the knowledge of staff on retirement and separation.
Government Agency Responsibilities
Best Practice
Subject to the State Records Act, 1997, every agency must ensure that the official records in its custody are maintained in good order and condition. The provision of quality record management practices is likely to require consultation with State Records as to the best standards and processes to be adopted.
Disposal of official records
Destruction, or disposal, of records occurs when a record is no longer required in government and has no enduring value to the community. Record disposal is a key element in good records management. Disposal needs to be managed carefully and often in consultation with State Records.
The Act does not allow agencies to destroy their records without a determination made by State Records with the approval of the State Records Council, unless there is another specific legislative provision.
Transfer of custody
An official permanent record of an agency must be delivered into the custody of State Records:
when the agency ceases to require access to the record for current administrative purposes
during the year occurring 15 years after the record came into existence.
Postponements and exemptions from this rule may be granted upon discussion with State Records. While agencies are allowed to hold records for longer periods, the Act anticipates that there will be requirements to ensure the records are subject to appropriate preservation standards.
Sanctions
Agencies need to be aware that the Manager [Director] of State Records is required by the Act to report inadequate records management practices to the Minister. Unauthorised and wilful damage, alteration or disposal of records can also lead to a fine or up to $10,000 or two years imprisonment.
State Records provides a range of services to support agencies in the achievement of adequate records management practices. Available support includes:
State Records' Policy team can give policy advice regarding the Adequate Records Management Standard and related guidelines and tools
State Records' Records Management Services team provides practical advice, support and consultancies to agencies and authorities (on a fee-for-service basis)
guidelines and information sheets dealing with specific aspects of the Adequate Records Management outcomes and related benchmarks
training and accreditation of Records Management staff by State Records
private records management consultants available from the South Australian Government accredited service provider list
general awareness education courses which incorporate Records Management, Freedom of Information, Information Privacy Principles and copyright for all public servants.