Machinery of governmentHome page
> Publications > Implementing Machinery of Government Changes: A good practice guide > Records management > Next: Taxation issues
> Employment policy and advice
‹ Previous page
Last updated: 29 November 2007
Implementing Machinery of Government Changes: A good practice guide
6 Records management
The National Archives provides a range of services to Government agencies to help them create and manage complete and accurate records and to ensure that records of archival value are preserved. These services include:
- providing guidance on creating and managing systems that maintain records to ensure the ongoing business of agencies is documented adequately
- maintaining a comprehensive history of the administrative structure of the Commonwealth and the records it has created. This is achieved through the Commonwealth Record Series system which can be accessed through the RecordSearch database on the National Archives’ website
- providing storage and access facilities for records assessed as being of archival value in accordance with a current records authority issued under Section 24 of the Archives Act 1983.
At times of administrative change in the machinery of government, the general principle should be that records follow functions. Once re-allocation of functions has been determined the agencies involved should:
- determine how the records of predecessor agencies should be re-allocated to new or restructured agencies according to the new distribution of functions
- seek guidance from the National Archives in cases where the physical, intellectual or electronic structures of the records may complicate the re-allocation. Often, several functions are documented in one series of records. However where these functions have to be split between agencies, the National Archives can advise on best practice for dealing with the need to split records from the series between agencies
- provide the National Archives with details of how functions have been re-allocated so:
- administrative histories can be updated
- ‘controlling agency’ responsibility for records already in Archives’ custody can be re- attributed to the gaining agency, where appropriate
- disposal authorisation classes can be re-attributed to agencies succeeding to the relevant functions and activities covered by the classes.
Some classes of records, such as those containing personal information or legal or other confidential information, may present particular problems. When functions transfer between agencies, there would not normally be any change to any obligation to hold, maintain and use personal information in accordance with the Information Privacy Principles set out in the Privacy Act and the Commissioner’s Determinations. In the same manner, confidentiality obligations that may be inherent in records documenting legal opinions or other protected matters will also be expected to persist. However, meeting these obligations should not place any impediment on the transfer of records that document the functions in question between Commonwealth agencies when responsibility for the function changes.
Where functions have been reassigned between agencies in the Administrative Arrangements Order, the consequential transfers of records containing personal information between them are disclosures consistent with the Privacy Act because they are ‘authorised by law’.The Privacy Commissioner’s IPP Guideline 34 provides specific advice on this situation: see http://www.privacy.gov.au/publications/ipp8_11.doc. In the event that difficulties or concerns arise about confidentiality issues in records to be transferred, advice should be sought from the Office of the Privacy Commissioner or the Attorney-General’s Department on the specifics of the situation in the affected agencies.
To provide continuity and accountability, decisions about the arrangements for transfer of recordkeeping responsibilities must be appropriately recorded at the time they are made in the recordkeeping systems of both the losing and the gaining agencies.
Where MOG changes give rise to the creation of a new agency, it is particularly important that the responsible officer take immediate steps to establish a means to record important initial decisions about the legal warrant for the agency, its functions, policy scope and structure. The National Archives can provide specific advice and assistance with systems required for these steps.
6.1 National Archives contact points
The Records Management section of the National Archives’ website at http://www.naa.gov.au provides guidance on managing Government records. Advice on transferring records following an administrative change can be found at http://www.naa.gov.au/records-management/keep-destroy-transfer/after-admin-change/index.aspx..
Policy enquiries on MOG change issues should be directed to the Assistant Director-General, Government Information Management Branch, at the National Archives (on 02 6212 3681).
General enquiries on recordkeeping issues resulting from a MOG change should be directed to <recordkeeping@naa.gov.au>.
