ACCESS TO INFORMATION (RECORDS) POLICY

DOCUMENT CONTROL

Managed by: Corporate

Status: Approved

Responsible position: Manager Information Services

Contact number: 03 5153 9500

Date approved: 9 May 2017

Version: 2

File number: 7188439

Approved by: Council

Next review date: May 2019

Security classification: Public

CONTENTS 1. PURPOSE ...... 3 2. POLICY STATEMENT ...... 3 3. RESPONSIBILITY FOR IMPLEMENTATION AND COMPLIANCE ...... 7 5. REFERENCES / ASSOCIATED DOCUMENTS ...... 8 6. PRIVACY AND HUMAN RIGHTS CONSIDERATION ...... 8 7. DEFINITIONS AND ABBREVIATIONS ...... 9 8. SUPPORTING PROCEDURES / GUIDELINES ...... 9

REVISION HISTORY (Completed by Governance Officer)

Approved/ Revision Amended/ Date Council / Management ECM Document Reference Ref. No. Rescinded

Original Approved 01/06/2009 Management 4394826 5667193 1 Approved 05/08/2014 Council Policy refresh and migration to new template 2 Approved 09/05/2017 Council 7188439

______Access to Information (Records) Policy 2017 Page 2 of 9 East Gippsland Shire Council 1. PURPOSE

To ensure the preservation and security of East Gippsland Shire Council’s records.

East Gippsland Shire Council (EGSC) holds archived records relating to the following nine municipalities:

 City of (1990 – 1994);

(1868 – 1994);

 Shire of Croajingolong (1892);

 Shire of (1872 – 1994);

 Shire of Tambo (1882 – 1994);

 Shire of (1893 – 1994);

 Town of Bairnsdale (1967 – 1990);

 East Gippsland Shire Council (1994 to date); and

 a small number of records from the former .

These records are a rich resource for EGSC and for the wider community. They contain a vast amount of information about the history, growth and development of the East Gippsland region.

The holding includes correspondence files; plans; minute and rate books; maps; drawings; works reports and artefacts including, photographs; flags; newspaper clippings; plaques, gavels; seals; medallions and mayoral regalia.

The majority of the archives and artefacts are unique primary information sources and are unavailable elsewhere.

2. POLICY STATEMENT

General

This policy determines the availability and conditions of access to all records held by East Gippsland Shire Council (EGSC). This Policy is available to the public.

The policy does not relate to processes for accessing documents under Freedom of Information applications, which are handled in accordance with the provisions of the Freedom of Information Act 1982.

All applications for access to records that contain personal information will be assessed in accordance with Principle 2 – Use and Disclosure of the Privacy and Data Protection Act 2014 and the Information Privacy Policy.

This policy acknowledges section 10AA of the Public Records Act 1973, certain records may be withheld from public inspection, which states:

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(1) This section applies to any record the disclosure of which would, or could reasonably be expected to-

(a) cause damage to the security of the Commonwealth, any State or Territory; or (b) cause damage to the defence of the Commonwealth; or (c) cause damage to the international relations of the Commonwealth; or (d) endanger the security of any premises within the meaning of the word Terrorism (Community Protection) Act 2003.

Records that could reasonably be expected to aid in the planning or commission of these acts may be closed under section 10AA. These include, but are not limited to:

 records documenting current schematics of transportation systems;

 records showing key elements of power, water or gas delivery systems;

 records of engineering schematics of public buildings;

 records documenting the State’s current disaster recovery plans, emergency response plans, and other relevant information about individual agency or statewide measures for dealing with attacks and disasters; and

 records outlining management and security planning for major events and public spaces. All staff must be aware of their responsibility to withhold records from public access if their disclosure could result in damage or endangerment as outlined above.

Availability and Conditions of Access to Records Held

Record Staff Access Public Access Comments Category/Type These records can Members of the Restricted records held in ACTIVE - only be accessed public will be Council’s Electronic Document Restricted by staff for current required to complete Records Management System Records operational needs, a written request (EDRMS) will be assigned a for work related specifying which confidential classification. research or for records and the completion of work purpose for access. related duties. Such requests will be tasked to the appropriate Responsible Officer for action. ALL requests to No public access. Information Management staff ACTIVE - access a will only retrieve personnel Personnel personnel file files on the request of Human Records (either your own or Resources officers. other member of staff) must be made to the Human Resources Department. ______Access to Information (Records) Policy 2017 Page 4 of 9 East Gippsland Shire Council

Record Staff Access Public Access Comments Category/Type These records are Members of the Unrestricted records held in ACTIVE - available to all public will be the EDRMS are accessible by Unrestricted staff for current required to complete all staff. Records operational needs, a written request for work related specifying which research, or for records and the completion of work purpose for access. related duties. Requests will be tasked to the appropriate Responsible Officer for action. Available to view in Approved Council Business or Planning Service Centres on Permits request, free of charge Available to view in Approved Council Business or Subdivision Service Centres on Permits request, free of charge. Refer to list on Council website Documents – available for http://www.eastgippsland.vic.g public ov.au/files/assets/public/docu inspection ments/corporate_directorate/p olicies/documents_for_public_i nspection_-_october_2016.pdf

These records Members of the ARCHIVED - can only be public will be Restricted accessed by required to complete Records staff for a written request current specifying which operational records and the needs, for purpose for access. work related Requests will be research, or tasked to the for completion appropriate of work Responsible Officer related duties. for action.

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Record Staff Access Public Access Comments Category/Type ALL requests to No access by public Information Management staff ARCHIVED - access a permitted. will only retrieve personnel Personnel personnel file files with Human Resources Records (either your own or officer approval. other member of Personnel records are staff) must be destroyed 50 years after the made to the staff member’s departure from Human Resources Council. Department. These records are Members of the ARCHIVED - available to all public will be Unrestricted staff for current required to complete Records operational needs, a written request for work related specifying which research, or for records and the completion of work purpose for access. related duties. Requests will be tasked to the appropriate Responsible Officer for action. The Information Members of the As many of these records are Damaged or Management public required to yet to be identified, all Fragile Team Leader or, if complete an applications for access to Records absent, the Senior Archives and/or Archived records will be Information Artefacts Access reviewed with this issue in Management Request form. mind. Officer will Applications will be determine to grant assessed by the or refuse access. Information Management Team Leader or if absent, the Senior Information Management Officer

______Access to Information (Records) Policy 2017 Page 6 of 9 East Gippsland Shire Council

Record Staff Access Public Access Comments Category/Type

HISTORICAL ARTEFACTS

Including, but not Requests for access for Members of the public Each application for limited to: any artefact is to be will be required to access will be Photographs lodged via EDRMS and complete an Archives assessed on its Flags tasked to Director and/or Artefacts Access merit. Maps Corporate who will Request form. Criteria to be Newspaper determine to grant or Applications will be considered include: clippings refuse access. assessed by Director  Reason for Plaques Corporate in consultation request Gavels with Information Common Seals Management Team  Condition of item Medallions and Leader and other  Intended use Mayoral regalia, appropriate Responsible etcetera. Officers.  Term of loan

 Insurance

 Legislation

 Location and climatic conditions

3. RESPONSIBILITY FOR IMPLEMENTATION AND COMPLIANCE

The following positions are responsible for implementation and compliance monitoring of the policy in their work areas:

Party / Parties: Roles and responsibilities:

Overall responsibility for policy implementation and Director Corporate compliance.

Responsible for monitoring compliance with the Manager Information Services policy.

Business Systems Coordinator General oversight of implementation of this policy. Ensure that policy is followed when access of information is being sought. Ensure that appropriate efforts are made to ensure Information Management Team Leader that Councillors, staff and members of the public are aware of the provisions of the Policy and their rights and responsibilities under it.

______Access to Information (Records) Policy 2017 Page 7 of 9 East Gippsland Shire Council 4. SCOPE OF POLICY

This policy applies to all Councillors, staff and members of the public who request access to records held by East Gippsland Shire Council. The policy covers all records held by Council.

5. REFERENCES / ASSOCIATED DOCUMENTS

Relevant Legislation:

 Freedom of Information Act 1982

 Health Records Act 2001

 Health Records Regulations 2012

 Privacy and Data Protection Act 2014

 Public Records Act 1973

 Public Records Regulations 2003

Internal documents:  Archive and/or Artefacts Access Request form

 Customer Response Policy

 Council Plan 2013 – 2017 –Strategic Objective Stewardship 4.2.2

 Information Privacy Policy

 Information Privacy Guidelines

Other:  Australian Standard, AS IOS 15489.1 and .2

 Public Record Office Access Standard

6. PRIVACY AND HUMAN RIGHTS CONSIDERATION

All personal information collected by East Gippsland Shire Council will be handled in accordance with all applicable privacy legislation and will be used only for the purpose for which it was collected.

The Access to Information (Records) Policy has been assessed as compliant with the obligations and objectives of the Victorian Charter of Human Rights and Responsibilities Act 2006.

______Access to Information (Records) Policy 2017 Page 8 of 9 East Gippsland Shire Council 7. DEFINITIONS AND ABBREVIATIONS

Term: Meaning: A current record, irrespective of medium, being used for Active record operational needs. A non-current record that is no longer required for operational use but has been allocated temporary, long term Archived record or permanent retention because of its evidential or historical value. Council’s Electronic Document Records Management EDRMS System EGSC or Council East Gippsland Shire Council

The format of the record, e.g. written and printed material, Medium email, sound recording, microfilm, photograph, plan, map or other graphic work. Information or opinion (including information or opinion forming part of a database) that is recorded in any form and whether true or not, about an individual whose identity is Personal Information apparent or can reasonably be ascertained from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 applies. Access to records sought by the general public, community Public access organisations or another agency. Information in any medium which has been created, Record received or maintained by EGSC for business purposes. An officer of EGSC who has responsibility for the general Responsible Officer area/subject matter to which a record pertains. A record identified as containing information that is of a confidential or sensitive nature or a record identified as Restricted record being at risk of damage or destruction if general or official access is granted. A record identified as being open and freely available for inspection either because of statutory rights, the record is Unrestricted record no longer restricted, or the record contains publicly available information.

8. SUPPORTING PROCEDURES / GUIDELINES

Not applicable.

Hardcopies of this document are considered uncontrolled please refer to the EGSC HIVE intranet site or ECM for the latest version

Produced with the permission of University of Wollongong

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