Australian Capital Territory Consolidated Acts

TERRITORY RECORDS ACT 2002 - SECT 16

    (1)     An agency must have an approved records management program.

    (2)     The approved records management program must include arrangements—

        (a)     for ensuring that the agency complies with this Act and the records management program; and

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

        (b)     for establishing normal practices and procedures for the exercise of functions of the agency in relation to its records ( normal administrative practices ), including the disposal of records; and

        (c)     for telling the director about any arrangements entered into with an entity that is not an agency to carry out any aspect of its records management; and

        (d)     under which the director may examine the operation of the records management program and the agency's compliance with this Act and the records management program; and

        (e)     for the resolution of disputes about whether the agency is complying with this Act or the records management program; and

        (f)     to allow the director to report on the agency's compliance with this Act and the records management program; and

        (g)     for allocating resources for the records management program; and

        (h)     for the proper care of records of the agency, particularly records of archival or enduring value; and

              (i)     for preserving records containing information that may allow people to establish links with their Aboriginal or Torres Strait Islander heritage; and

        (j)     for the regular review of records to which a declaration under section 28 (Declarations applying provisions of FOI Act) applies; and

        (k)     for the director, if asked by the agency, to provide assistance, advice and training to the agency in records management; and

        (l)     for review and replacement or amendment of the records management program.

    (3)     Subsection (2) does not limit the matters that may be included in the approved records management program.

    (4)     An agency may dispose of a record only in accordance with its records management program.

    (5)     An agency may dispose of a record mentioned in subsection (2) (i) only after consulting the council.

    (6)     An agency must comply with its records management program.

    (7)     Subsection (6) has effect despite any other Territory law, including the Inquiries Act 1991 , Judicial Commissions Act 1994 or Royal Commissions Act 1991 .