Commonwealth and NSW legislative framework
For useful links to relevant legislation and other relevant information, please visit:
The following is a summary of the relevant New South Wales legislation and Australian Standards which establish the key legal framework for the management of University records:
Australian Standards AS ISO 15489 - 2002 Records Management
The standard is divided into two parts. Part 1 (General) provides a high level framework for recordkeeping and specifically addresses the benefits of records management, regulatory considerations affecting its operation and the importance of assigning of responsibilities for recordkeeping. Part 2 (Guidelines) provides practical and more detailed guidance about how to implement the framework outlined in Part 1.
Electronic Transactions Act 1999 (Cth)
The Act creates a light handed regulatory regime for using electronic communications in transactions, facilitating electronic commerce by decreasing legal impediments. The Act gives businesses and the community the option of using electronic communications when dealing with Government agencies.
Evidence Act 1995 (Cth)
This Act provides regulations for maintaining electronic records in a form acceptable to be admitted as evidence by the judicial system. The Act permits electronic documents to be used as evidence only if they have been maintained in such a way that their completeness, accuracy and authenticity can be demonstrated to the court.
Government Information (Public Access) Act 2009 (NSW)
This Act facilitates, as far as possible, quick and low-cost access to government information. For the University, this means respecting the rights of the public to gain access to information held by the University, unless subject to a justifiable exemption.
Health Records and Information Privacy Act 2002 (NSW)
This Act governs the handling of heath information in both the public and private sectors in NSW. The Act contains 15 Health Privacy Principles (see Schedule 1) outlining how health information must be collected, stored, used and disclosed. The Act also sets out how complaints regarding the handling of health information can be dealt with.
Privacy and Personal Information Protection Act 1998 (NSW)
This Act sets the privacy standards which the University must implement when dealing with personal information.
Public Finance and Audit Act 1983 (NSW)
This Act mandates the financial administration and audit of public agencies.
State Records Act 1998 (NSW)
The Act provides for the creation, management and protection of the records of public offices of the State and for public access to those records. The Act prescribes the University as a public office that must comply with the legislation and its associated standards. The Act defines all records created or collected by University staff in the exercise of the University as a public office as State records.