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Service Agreement Information Kit for Funded Organisations

3.6.2 Recordkeeping

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In July 2010, the Public Record Office Victoria released the Strategic Management Standard PROS 10/10 (external link, opens in a new window) which specifies certain recordkeeping compliance requirements for Victorian Government agencies. The Standard was updated in July 2015

The record keeping clauses in the Service Agreement require organisations to deal with records in accordance with the standards issued under the Public Records Act 1973 (Vic) (external link, opens in a new window).

The clauses cover organisations' obligations to ensure:

  • appropriate creation, maintenance and storage of hard copy and electronic records under the Service Agreement, including the maintenance of an effective record management system
  • access to records is appropriately controlled and regulated
  • records are disposed of as required under the Service Agreement
  • records under the Service Agreement are able to be accessed, retrieved, reviewed, kept and used by the department and Victorian Government, including immediate access by the department or any third party nominated by the department in any of the following circumstances:

(a) if required under the Public Records Act 1973 (external link, opens in a new window) or any other relevant law including the Freedom of Information Act 1982 (Vic) (refer to chapter 3.6.3).
(b) if requested by the Auditor-General or Ombudsman in writing
(c) for the purposes of audit and performance monitoring under clause 9 (see chapter 3.9, opens in a new window).

In circumstances other than those described immediately above, access to records must be provided to the department, or any third party nominated by the department, within five business days of receiving a written request.

Where the organisation, acting reasonably and in good faith, is unable to comply within the time specified (i.e. within five business days), the organisation may make a written request for an extension of time in which to comply. The department will not unreasonably refuse to consent to a requested extension.

The clauses provide that the department, on behalf of the Victorian Government, retains legal ownership of records under the Service Agreement and to all records, materials and other resources the department provides to an organisation.

Note: The department, in accessing funded organisation records will act in accordance with relevant privacy laws and other applicable laws and will take reasonable measures to ensure that any information disclosed to it from an organisation is treated in a way that does not breach those laws.

Definition of record

Under the Service Agreement, a record is any document within the meaning of the Evidence Act 2008 (Vic), including:

(a) anything on which there is writing; or
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
(d) a map, plan, drawing or photograph,

created, managed, maintained, brought into existence or otherwise acquired or used by an organisation in relation to funding provided by the relevant department under the Service Agreement, the services provided by the organisation under the Service Agreement, and performance of the organisation’s obligations under the Service Agreement.

Department of Health and Human Services - Record keeping factsheets

The Department of Health and Human Services in consultation with the Service Agreement Working Group and the Public Record Office Victoria has produced fact sheets to support funded organisations in their record keeping. These fact sheets cover general information on record keeping, storage, access and security, record disposal and transfers, and freedom of information. A Health and Human Services Record Retention Guide for Funded Organisation is also available on the Funded Agency Channel.

The fact sheets will be updated to remain relevant and additional fact sheets produced as required.

The fact sheets are available on the Funded Agency Channel website's Management Toolkit under the web page 'Records management for organisations funded under the Service Agreement' (external link, opens in a new window).