Insight 8: Making and keeping records

Public servants are required to make and retain records of key conversations and decisions in accordance with their obligations under the Archives Act 1983 (Cth), the Public Governance, Performance and Accountability Act 2013 (Cth) and the Privacy Act. In addition to being a legal obligation, good record keeping affords protection to employees who may be asked to account for their behaviours including, in some instances, after the passage of considerable time. Accurate record keeping may have proven to provide useful insight into decisions that, without context, appear to be ill-informed.

Evidence presented during these inquiries suggests that records of key conversations and decisions were not consistently made or, when records were made, they were not retained. A failure to properly note or create records meant there was limited ability for the Taskforce to substantiate some assertions.

Further, some respondents experienced difficulty in accessing records to support their responses to Notices of Suspected Breach and Preliminary and Final Determinations. This was particularly the case for respondents who had ceased employment and was certainly exacerbated by the passage of time.

As a general rule, agencies retain electronic records, not necessarily physical records such as diaries and notebooks. Accessing electronic records and locating hard copy records caused delays where an agency could not immediately identify and locate the documents. Whilst it is acknowledged that a significant period of time has passed and legislative obligations may have meant documents were no longer obliged to be retained, in an era of digital storage, long term record management should be reconsidered.

The Taskforce acknowledges that, in day-to-day management, busy schedules can limit time to make notes or take time to record conversations, however when retrospectively considering issues, these items become invaluable in discerning the thoughts and intents of conversations and decisions at the time. Where possible, a repository of material produced in the course of work (physical or electronic) by SES should be maintained, particularly when exiting an agency.

Finally, the Taskforce observed that some respondents found it difficult to access documentation assembled for the Royal Commission. After the conclusion of the Royal Commission the database of the Royal Commission documents was decommissioned, with the exception of the public facing material on the Royal Commission website.