Public Record Office Victoria
Advice to Victorian Agencies
PROA 10/21 • January 2010
21
Advice
Evidence and Electronic Public Records
This Advice provides general information to Victorian government agencies about the recordkeeping implications
of the Evidence Act 2008.
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Table of Contents
1 Executive Summary...........................................................................................................3
2 Introduction........................................................................................................................4
2.1 Purpose ........................................................................................................................4
2.2 Scope............................................................................................................................4
2.3 Related Documents ......................................................................................................5
3 Detail of Advice..................................................................................................................6
3.1 Principles of evidence law ............................................................................................6
3.1.1
Document as evidence .......................................................................................7
3.1.2
Abolition of the original as best evidence ...........................................................7
3.1.3
Born-electronic records.......................................................................................8
3.2 Records as evidence ....................................................................................................8
3.2.1
Checklist: Does your agency have electronic records that might require
attention? ..........................................................................................................................9
3.2.2
Good records, good evidence.............................................................................9
3.3 Authenticity .................................................................................................................10
3.4 Ongoing Accessibility..................................................................................................11
3.4.1
Technological Obsolescence............................................................................11
3.5 Accuracy of the Reproduction Process.......................................................................12
3.5.1
Reliability ..........................................................................................................12
3.5.2
Integrity .............................................................................................................12
3.6 Exceptions ..................................................................................................................13
3.7 The Victorian Electronic Record Strategy (VERS) and electronic evidence...............13
3.8 Conclusion ..................................................................................................................14
4 References .......................................................................................................................15
4.1 General .......................................................................................................................15
4.2 Legislation...................................................................................................................16
4.3 Standards ...................................................................................................................16
Appendix 1: Legal Statements ............................................................................................18
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1
Executive Summary
One of the primary reasons for keeping records is to provide evidence of actions,
decisions and business processes. In the case of litigation, this evidence may prove
crucial to pressing or defending a claim at law. Understanding how the law of evidence
operates in respect of documentary evidence, and ensuring that your organisation’s
records are capable of forming good evidence, is therefore a critical part of effective
records management.
In order to form good evidence, records must be:
•
authentic (that is, able to be demonstrated to be what they purport to be)
•
reliable (that is, able to be shown to have been unaltered / not tampered with)
•
accessible (that is, capable of being read or interpreted easily whenever they are
needed)
Until recently, ensuring authentic, reliable and accessible records often meant keeping
or creating records in paper form, as the law around electronic records in evidence was
uncertain. The passage of the Evidence Act 2008 (the Act) in Victoria changes the law
of evidence with consequential effects on public recordkeeping. In particular, the Act
removes limitations on what constitutes an original document. After the passage of the
Act, there is no legal obstacle for authorising the retention of electronic copies of
temporary and permanent public records in place of the paper original.
It is important to note that the mere permitting of an electronic copy of a document to
be tendered as evidence does not in itself legitimise the blanket destruction of
originals, once converted. Destruction of public records will still be subject to a disposal
authority and, in some circumstances, original documents must be preserved. Also, just
as is the case with paper documents, a court may judge the authenticity of an
electronic document to be dubious and either rule it inadmissible, or admit it with
reduced weight. Consequently, implementation of and adherence to documented
recordkeeping processes and procedures is paramount. Any gap in theory or practice
will be the focus in a court where the authenticity or reliability of the document tendered
into evidence is challenged.
Under the Act, the Standard for the Management of Electronic Records (PROS 99/07)
established by PROV to preserve public records and ensure their authenticity continue
to remain in effect. The Victoria Electronic Record Strategy (VERS) provides agencies
with the tools necessary to make good records good evidence. Regardless of the
format in which a record is maintained, agencies need to adhere to appropriate
recordkeeping practices to preserve their records.
Efficient and prudent recordkeeping systems and practices can help ensure that full
and accurate copies of records required for legal proceedings will be tendered in a
timely fashion and will withstand the scrutiny of the court. Recordkeeping practices
should be reviewed regularly so that agencies continue to produce and capture full and
accurate copies of records that are authentic, reliable and therefore admissible.
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2
Introduction
2.1 Purpose
Advice 21 is issued by the Keeper of Public Records, the head of Public Record Office
Victoria (PROV). PROV is the archival authority for the state of Victoria and was
established by the Public Records Act 1973 (the PR Act). PROV’s core functions
include establishing binding standards for managing public records, and advising and
assisting agencies in the application of those standards.
This Advice aims to assist Victorian Government agencies in assessing their
recordkeeping practices in the context of the Evidence Act 2008 (the Act). It provides
an outline of the main evidentiary principles within a government records management
context and details criteria that agencies should consider to ensure that copies of
original records in their care can be admitted into evidence, should such a requirement
arise. In addition, Advice 21 provides general information about the conditions under
which a copy can become the original source record. This Advice focuses on converted
records, and uses digitisation, being the prevailing method of conversion, as an
example, but it also gives consideration to the way in which the Act affects the
management of born-electronic and original paper records.
Advice 21 is not designed to be case-specific or directive, and individual agencies
should seek independent legal advice before taking action on any particular area of
concern. The document should be read in conjunction with the General Disposal
Authority for Converted Source Records, the Specification on Digitisation
Requirements and the Specification on Digitisation Image Requirements.
2.2 Scope
This Advice covers the elements of the new Act as they impact on recordkeeping in
Victoria. It contextualises the key elements for government agencies and in particular
focuses on the trend towards conversion of original records to alternative formats such
as digital copies.
Advice 21 does not cover requirements arising from evidence law outside of the
Victorian jurisdiction.
This Advice addresses the following:
• principles of evidence law;
•
•
application of these principles to public records;
concepts to remember to improve the evidentiary admissibility of born-electronic
and converted copies of records.
Conversion means converting a record from one format to another. Examples of
conversions are:
• digitisation of a paper original
•
digitisation of a microfilm
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•
conversion of a digital record from one software format to another
•
conversion of a database to a set of PDF files and a spreadsheet
•
Microfilming hardcopy originals
•
Printing electronic records to paper.
When converting a digital record, the source record is the record being converted, and
the converted record is the result of the conversion. When digitising, for example, the
source record is the physical copy, and the converted record is the resulting digital
record. The converted record is the official record of the agency after conversion. The
applicable functional Retention and Disposal Authority governs the disposal of the
converted record.
2.3 Related Documents
General records management standards are currently in existence:
• Standard for the Management of Electronic Records (PROS 99/007)
•
•
Standard for the Management of Public Records (PROS 97/01)
General Retention and Disposal Authority for Converted Source Records (PROS
10/01)
•
Specification on Digitisation Requirements (PROS 10/02/1S)
•
Specification on Digitisation Image Requirements (PROS 10/02/2S)
•
Specification on Digital Storage (PROS 10/XX) (forthcoming)
•
Advice 7: Preserving Records in Databases (PROA 03/07)
•
Advice 18: Crimes (Document Destruction) Act 2006: Implications for government
recordkeeping (PROA 06/18)
This Advice should be read in the context of the general principles laid out in these
Standards and Specifications and other Advice documentation issued by the Keeper.
This Advice supersedes the following:
•
Advice 2: Scanning or Imaging of Records: Advice to Victorian Government
Agencies
•
Advice 8: Advice to Agencies on Electronic Records as Evidence (PROA 03/08)
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3
Detail of Advice
To meet regulatory, audit and litigation requirements, as well as to preserve
transparency and to enable business, an agency must maintain an effective
recordkeeping management system that preserves accessible and authentic records. If
the system is also required to manage copies of records, these should be, in addition,
full and accurate copies. Nothing can guarantee that a document tendered into
evidence will be admitted into court, but agencies should aim to have systems that
stand up to scrutiny in case the authenticity of the documents is questioned. This
includes proven adherence to documented policies and processes.
Many government agencies are currently considering the implementation of conversion
systems, such as digitisation of legacy hardcopy records or imaging of all inbound
documents. Organisations often use imaging systems to scan paper records where
those documents have to be frequently and quickly accessed by many different staff in
the course of business. However, to meet recordkeeping needs, agencies in the past
often needed to maintain a separate recordkeeping system for the original hardcopy.
Prior to the Act, tendering non-originals into evidence was problematic because the
evidentiary weight of copies and converted records was, on the face of it, lower than
that of originals. The passage of the Act in Victoria changes the law of evidence with
consequential effects on public recordkeeping.
The Act does not impact the admissibility of original paper documents into evidence.
However, albeit with certain caveats described in this Advice, it legitimises the current
trend within agencies to convert paper records and destroy the paper originals,
maintaining the converted copy as the official record. Under the Act, electronic
documents become prima facie admissible. There is no longer any bias in favour of
originals; the Act abolishes that principle of law altogether.
The Act does not legitimise the blanket destruction of original records. Certain criteria
must be met in order to ensure that copies of documents can be admitted into evidence
and that the original record can be destroyed.
Agencies must assess the risks associated with managing their records in a particular
way. Whatever the technology or format of records, the greater the attention to records
system design and documentation, system security, operational maintenance,
operation logs (including exception management logs) and system audit, the stronger
the evidentiary value of records from that system. As one example, VERS supports the
evidentiary process by providing mechanisms that help attest to the authenticity of
records.
3.1 Principles of evidence law
The Act simplifies and modernises three key areas of evidence law relevant to
recordkeeping:
• the definition of “document: as evidence;
•
the abolition of the “original as best evidence” rule;
•
the admissibility of born-electronic records.
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3.1.1 Document as evidence
Changes to the Evidence Act 1958 (EA 1958) and its definitions have a direct impact
on what constitutes a document that can be admitted into court. The new Act expands
both the notion of a “document” and the ways in which a document’s content can be
demonstrated to the court. The new definition of “document” under the Act, reads as
follows:
document means any record of information, and includes—
(a) anything on which there is writing; or
(b) meaning for persons qualified to interpret them; or anything on which there
are marks, figures, symbols or perforations having a meaning for persons
qualified to interpret them; or
(c) anything from which sounds, images or writings can be reproduced with or
without the aid of anything else; or
(d) a map, plan, drawing or photograph;
The changes that the Act embodies in the area of admissibility of documents are
particularly important to recordkeeping, as the definition of “record’ within subsection
2(1) of the PR Act is currently framed in terms of the definition of “document” under the
EA 1958. With the expansion of the definition of the term “document” under the new
Act, there is a commensurate expansion of the definition of the term “record”.
Subsection 2(1) of the PR Act defines “record” as follows:
record means any document within the meaning of the Evidence Act 1958.
Ultimately, therefore, records can mean any type of document and any type of record,
regardless of format, can be tendered into evidence.
Remember!
Any type of document can be admitted as evidence in its own right, provided its
authenticity and reliability is unchallenged or proven sound. The courts will now accept
documents as evidence in their native form, whether born-electronic or paper.
Agencies don’t have to print everything!
3.1.2 Abolition of the original as best evidence
Under the EA 1958, the rule of “original as best evidence” states that when a document
is to be tendered in evidence, the original must be produced. If the original is
unavailable, a copy may sometimes be tendered, but will often be accorded a lower
weight. In the electronic environment, it can be difficult to satisfactorily demonstrate
that a print-out of a born-electronic document can be classed as the “original” because
it is not in its original electronic format.
Under the new Act, the principle of original as best evidence is abolished. Section 51 of
the Act removes the impediment to admitting copies and to proving the contents of a
vast array of documents:
”The principles and rules of the common law that relate to the means of proving the
contents of documents are abolished.”
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Remember!
The abolition of the “original as best evidence” rule provides the ability to table copies
in evidence while maintaining equal status to originals.
3.1.3 Born-electronic records
Under the Act, born-electronic documents cannot be excluded from evidence on the
basis that they are in electronic format, nor are they subject to stricter or more onerous
proof of authenticity than paper documents. As evidence, born-electronic records, in
electronic form, are equal in status to original paper records. Under the Act, there is no
bias for or against any given format over originals. .
Notwithstanding this, allowing the copy of a converted paper original document to be
admitted as evidence does not in itself legitimise the blanket destruction of source
records, once converted. Destruction will still be subject to a disposal authority and, as
described below, in some circumstances, original records must be preserved.
Moreover, either party to a legal action, or the court itself, may still question the
authenticity or reliability of any document tendered into evidence and refuse its
admission. For this reason, an agency must ensure that they have repeatable,
auditable, documented processes, procedures, systems and policies to underpin the
authenticity of their records, regardless of format.
Remember!
Agencies have legal responsibilities under the PR Act to ensure the ongoing
maintenance and accessibility of their records. Inadequate recordkeeping strategies
can render records, regardless of format, inaccessible and unusable.
3.2 Records as evidence
Developing standards and guidelines that are not implemented will not help agencies
prove the evidentiary weight of records in legal proceedings. Any gap in theory or
practice will be the focus in a court where the authenticity or reliability of the record
tendered into evidence is challenged.
Before agencies proceed further, PROV suggests that they use the checklist below to
help assess the state of the records in their custody. Respond to every question.
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3.2.1 Checklist: Does your agency have electronic records that might require attention?
YES
NO
1. Does your agency conduct some aspects of
your business (including recording your
business) electronically?
Go to 2
There should not be an
issue for the
management of
electronic records.
2. Do systems acting in an automated way
generate your records (i.e. are they created
without human intervention)?
3. Does your agency generate and manage all
records through a standard and documented
business process?
There should not be a
problem.
Go to 3
Go to 4
4. Does your agency retain audit logs relating to
records for the same period as the records
themselves?
Go to 5
5. Does your agency have a plan to ensure that
born-electronic or converted records remain
accessible to a court despite technology
obsolescence?
6. Does your agency digitise any original paperbased records, including incoming
correspondence?
7. Does your agency manage converted copies
in a recordkeeping system?
Go to 6
You may have an
issue demonstrating
the reliability of your
records.
You may have an
issue demonstrating
the integrity of your
records.
You may have an
issue ensuring the
ongoing accessibility
of your records.
8. Does your agency convert electronic copies
into a standard or common format (e.g. TIFF,
PDF, XML, PDF/A, VEO)
There should not be a
problem.
Go to 7
There should not be a
problem.
Go to 8
You may have an
issue proving the
authenticity of your
records.
You may have an
issue ensuring the
ongoing accessibility
of your records.
3.2.2 Good records, good evidence
When presenting evidence in documentary form, parties are subject to challenge on
the basis of authenticity or reliability. If required to by a court, agencies must be able to
demonstrate that the documents being tendered are authentic and reliable. Evidence
must also be able to be presented in a timely fashion and a readable form. In other
words, no matter the format, agencies must be able to easily retrieve records required
in an action and prove that they are authentic. In addition, in order for converted copies
of records to withstand any challenge to their admissibility, agencies must ensure the
accuracy of the reproduction process used in creating the copies.
As in the case of original paper records, an agency may be asked to prove that their
born-electronic and converted records can be relied upon as evidence in legal
proceedings. Consequently, an agency should maintain adequate supporting
documentation to ensure that their records make good evidence and demonstrate that
effective and appropriate processes are followed. Records created electronically need
to be captured effectively into the agency’s recordkeeping system, a discrete task that
can often be overlooked when an agency is used to a hardcopy environment, with
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paper originals generally filed. Lack of adherence to documented processes and
procedures may cause accountability failures and prove to be costly.
When converting and subsequently disposing of originals, agencies must follow the
requirements outlined in:
• the General Retention and Disposal Authority for Converted Source Records
(PROS 10/01)
•
the Specification for Digitisation Requirements (PROS 10/02/1S)
•
the Specification for Digitisation Image Requirements (PROS 10/02/2S)
Where the digitisation activity predates the issuing of PROS 10/02/1S, other
approaches to demonstrating compliance can be undertaken. However, it would be
expected that such other approaches would be similar to those given in PROS
10/02/1S, including quality assurance processes.
Remember!
Three criteria to make good documentary evidence in electronic form:
1. demonstrable authenticity and reliability
2. ongoing accessibility
3. accuracy of the reproduction process (where the record is a converted record)
3.3 Authenticity
As indicated in the previous section, one of the criteria used to determine the
admissibility of a document into evidence is authenticity. Regardless of format, an
agency must be able to prove the authenticity of a record in its custody if challenged to
do so. An authentic record is one that can be demonstrated:
• to be what it purports to be,
•
•
to have been created or sent by the person purported to have created or sent it,
and
to have been created or sent at the time purported.
Authenticity can be demonstrated via a range of organisational and technical attributes
such as adherence to authoritative standards and specifications, including those issued
by agencies with national and international jurisdiction. It is the court’s prerogative to
adjudicate on the authenticity of the evidence presented. The Standard for the
Management of Electronic Records (PROS 99/007) and its associated Specifications
provide agencies with ways in which to certify that the authenticity of an electronic
record can be preserved. This point is addressed further below. Also, agencies should
refer to the Specification for Digitisation Requirements and the Specifications for
Digitisation Image Requirements which will provide mandatory requirements regarding
converted records.
Remember!
The VERS Standard (Standard for the Management of Electronic Records PROS
99/07) supports the evidentiary process.
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3.4 Ongoing Accessibility
AS/ISO 15489, the international standard on records management, states that “a
useable record is one that can be located, retrieved, presented and interpreted. It
should be capable of subsequent presentation as directly connected to the business
activity or transaction that produced it.” In order to ensure that records are accessible
and protected over their retention period, agencies should establish effective means of
managing and storing them. Policies, procedures and guidelines for the storage of all
types of records should be an integral component of an organisation’s recordkeeping
framework.
To be useable, a record must first be accessible. Regardless of the format, the record
must be accessible for as long as the applicable disposal schedule requires, and in
some cases, even longer. In addition, it must be in a form that can stand the test of
time, maintaining a full and accurate copy that is accessible and retrievable. A record
that cannot be easily located may be of little use and may cause issues if it is required
in legal proceedings or for other purposes, such as satisfying a freedom of information
request or provision of personal information under privacy law.
Once the record is accessed, the individual needs to be able to understand what it
means. Regardless of format, for a record to be useable, it needs context within the
broader scheme of agency activities and subsequent records creation. The context
includes the business functions that the records support, the other records that relate
to this record, the individuals involved with the record, and the events that have
affected the record over time.
For an original paper record, context is often represented physically (e.g. the
arrangement of records in a file). For a converted record the context is represented
using metadata, and the capture process must hold appropriate metadata to ensure
that the context can be understood, thus limiting its vulnerability to challenge as to its
reliability and authenticity. As much as they would for original paper records, agencies
must secure their records against unauthorised access and put in place appropriate
means to ensure a record is maintained according to the frequency of referral. In the
case of conversion, characteristics include: the permanent preservation of a record of
the time and location of each reproduction and the identity of the person carrying out
the process.
Remember!
Records need to be accessible for their entire retention period. Technology, or its
absence, cannot be used as an excuse to not tender documents into court.
3.4.1 Technological Obsolescence
Like paper records, born-electronic and converted records can be at risk of being
accidentally destroyed or damaged. An additional risk with electronic records is that
technological obsolescence can render a record “unreadable”. Born-electronic and
converted records that need to be retained for lengthy periods or indefinitely by the
agency require preservation to ensure their ongoing accessibility. To ensure that
records are readily accessible and useable, agencies must implement appropriate
procedures for creating and maintaining them.
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From an evidentiary perspective, an agency should assess the risk that is associated
with the need to ensure the useability and accessibility of their records. Inaccessible or
unusable records may cause accountability failures and added cost for agencies. In
determining appropriate preservation mechanisms for born-electronic records, retention
periods outlined in PROV approved retention and disposal authorities are a useful
benchmark. The main concern for an agency in this circumstance would be to
demonstrate, if requested, that the records are managed in an environment that
ensures the authenticity of the records over the various retention periods.
3.5 Accuracy of the Reproduction Process
3.5.1 Reliability
A converted document will be reliable if the agency can prove that the reproduction
process consistently produces a full and accurate copy of the original. All records (both
originals and copies) when produced via routine, defined business processes are more
likely to be admissible as strong evidence than a record that is produced in an ad hoc
or undocumented manner.
If an agency can demonstrate that in any given situation, certain records are:
• always created
•
always created at the same point in the process
•
always stored in the same place
•
always maintained in the same way, and
•
always accessed by the same people for the same purposes,
Then:
• for any one transaction, it will be easier to claim that all records are present or
accounted for;
•
for any one document, it will be easier to claim inherent authenticity due to the
consistency of the processes surrounding it as evidenced by the metadata.
In a digitisation project, for example, a full and accurate copy would mean ensuring that
all pages (including both sides, if applicable, loose notes, sticky notes, etc.) are
reproduced. For a conversion project this could mean ensuring that all email
attachments are captured.
3.5.2 Integrity
The integrity or reliability of a record refers to its being complete and unaltered. It is
important that a record be protected against unauthorised access or alteration. A court
or an opposing party might question the authenticity of a record or its evidentiary
weight if it is not convinced that the record is complete and unaltered. If a record needs
to be altered or there is a risk that the record may be altered, it is necessary that a log
of the alteration be kept. The creation of logs should be a documented part of the
records management strategy and policies of the agency. The creation of alteration
logs should also be, where possible, an automatic function of the system and therefore
created independently and without human intervention. This record would include
information about the circumstances of the alteration.
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In the electronic world, records can be susceptible to potential loss of integrity, that is,
they may become incomplete or corrupted, for example during conversion or when they
are not managed appropriately. Well established procedures and quality controls can
protect the integrity of records.
Remember!
Processes to preserve full and accurate copies should be fully documented.
3.6 Exceptions
There are circumstances when originals of some types of records must be preserved
after conversion. For example, statutory requirements may prevent agencies from
disposing of certain records after conversion because such records must be
maintained in a specific format. Examples of this include wills and codicils.
In addition, the PR Act states that it is unlawful to dispose of records that have not
been appraised for disposal. Under the PR Act, agencies must comply with disposal
authorities issued by PROV.
Agencies should refer to the General Disposal Authority for Converted Source Records
for details of types of records that must not be destroyed after conversion. However,
circumstances vary and the onus lies with agencies to understand their records and
assess the ramifications of records disposal after conversion.
3.7 The Victorian Electronic Record Strategy (VERS) and electronic
evidence
PROV's Standard for the Management of Electronic Records (PROS 99/07) provides
principles for the management, format, storage and disposition of permanent public
records in electronic form. While not a mandatory standard for temporary records,
VERS also assists agencies in finding:
• ways of dealing with technological obsolescence;
•
appropriate long-term formats for records in electronic form;
•
mechanisms for securing the evidential integrity of electronic records.
VERS may help support a claim as to the authenticity of a document tendered into
evidence. It is not foreseeable what challenges agencies will face in preserving bornelectronic or converted records, but a court will want to know that recordkeeping
practices follow accepted standards. It will be for lawyers to argue in the future that the
data in question was secured because agencies adhered to the best practice at the
time the record was preserved. Adherence to clearly documented best practice will
support the admissibility of evidence.
VERS (the Standard for the Management of Electronic Records) specifies:
• system requirements for electronic records management;
•
what contextual information must be retained to make records useable in the longterm;
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•
a format for long-term preservation of electronic records.
This Standard is mandatory for all permanent public records and is a highly
recommended option for long-term temporary records. The VERS Standard meets all
the core requirements of documents that may be tendered in evidence:
• the system requirements specify standard and recognised processes, security and
integrity measures;
•
the long-term format is as open, published and as easily accessible as is
practicable, and will be readable well into the future;
•
the use of digital signatures makes it possible to verify the authenticity of the record
and demonstrate that it has not been tampered with.
For these reasons, VERS records may be more likely to be admissible as evidence
than records stored in other forms, and can be demonstrated to have both authenticity
and integrity.
3.8 Conclusion
The criteria put into practice in VERS to support the authenticity of electronic records
remain in effect under the Evidence Act 2008. Whether a record is a converted or bornelectronic document, agencies will need to maintain appropriate recordkeeping
practices to demonstrate that they have preserved a full and accurate copy of a record
that can be easily accessed.
Remember!
Process matters: The records must be managed according to established and
adhered to processes and procedures to ensure that their authenticity can be
demonstrated. This includes undertaking quality assurance on the converted records.
Format matters: The records must be managed in a format that ensures accessibility
to a full and accurate copy over the retention period in accordance with the appropriate
disposal authority. The document tendered must not require the courts or the user to
search out obsolete or rare technology in order to read it; the document must be easy
to access. For records that have long retention requirements, this implies either a
continued active management strategy to convert records, an appropriate storage
facility, or the selection of a recognised long-term format at the start of the process.
Retention matters: Under certain circumstances, it is not advisable and may be illegal
to destroy records after they have been converted. A risk assessment of recordkeeping
practices should be conducted prior to destroying original records after digitisation. No
destruction can be undertaken except under an appropriate Retention and Disposal
Authority issued by the Keeper.
Timing matters: It is advisable that conversion of original records be conducted in a
timely fashion and using well-established processes and technologies. Moreover, when
disposing of original records after conversion, if those records may be required in legal
proceedings or are currently being used in legal proceedings, it may be wise to
reconsider. Although disposal would not contravene the Crimes (Document
Destruction) Act, the Evidence (Document Unavailability) Act or the Evidence Act 2008,
there may be a need to consider the perception that the timing could create.
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4
References
4.1 General
ACT Department of Urban Services, Records Advice No5—Electronically created
records, Territory Records Office. ACT Government, 18 February 2008.
Digital Preservation Coalition
http://www.dpconline.org/graphics/index.html
ISO 15489-1 Information and documentation—Records management—Part 1: General.
http://www.javeriana.edu.co/archivo/07_eventos/preservaciondigital/memorias/index_ar
chivos/norma/iso_15489-1.pdf
InterPARES 2 Project, Authenticity, Reliability and Accuracy of Digital Records in the
Artistic, Scientific and Governmental Sectors, Domain 2 Task Force.
http://interpares.org/ip2/display_file.cfm?doc=ip2_book_part_3_domain2_task_force.pd
f
InterPARES, Authenticity Task Force Report.
http://interpares.org/book/interpares_book_d_part1.pdf
Stephen Mason, “Proof of the Authenticity of a Document in Electronic Format
Introduced as Evidence”, ARMA International Educational Foundation, October 2006,
p. 11-12.
Carrie Morgan Whitcomb, “An Historical Perspective of Digital Evidence: A Forensic
Scientist’s View”, International Journal of Digital Evidence, Spring 2002 Volume 1,
Issue 1: 5-9.
National Archives of Australia, Digital Recordkeeping Guidelines, May 2004.
http://www.naa.gov.au/records-management/index.aspx
National Archives of Australia, Records in Evidence, 2005.
http://www.naa.gov.au/records-management/index.aspx
National Library of Australia, Ensuring Future Access to Electronic Publications: the
Legalities.
www.nla.gov.au/initiatives/meetings.govpubonline/hyland.html
Eun G. Park, “The Role of Authenticity in the Life Cycle of Digital Documents” McGill
University [n.d.].
http://www.ebsi.umontreal.ca/rech/ebsi-enssib/pdf/park.pdf
Queensland State Archives, IS 40 Recordkeeping,
http://www.qgcio.qld.gov.au/qgcio/architectureandstandards/informationstandards/curr
ent/Pages/Recordkeeping.aspx
State Records Commission of Western Australia, SRC Standard 8, Digital
Recordkeeping, February 2008.
http://www.sro.wa.gov.au/src/documents/src-standard8.pdf
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Advice 21: Evidence and Electronic Public Records
State Records NSW, Recordkeeping In Brief 11—Digital imaging and recordkeeping.
http://www.records.nsw.gov.au/recordkeeping/government-recordkeepingmanual/guidance/recordkeeping-in-brief/recordkeeping-in-brief-11
4.2 Legislation
Evidence Act 2008
Queensland Law Reform Commission, The Receipt of Evidence by Queensland
Courts: Electronic Records, White Paper 52, 1998.
www.qlrc.qld.gov.au/wp52.pdf
Australian Law Reform Commission, Uniform Evidence Law Report. 2005.
Victorian Law Reform Commission, Introduction to the Uniform Evidence Act in
Victoria: Significant Changes, Judicial College of Victoria, Melbourne, April 2009,
www.judicialcollege.vic.edu.au
4.3 Standards
Standard for the Management of Electronic Records (PROS 99/007)
Standard for the Management of Public Records (PROS 97/001)
Standard for the Creation and Maintenance of Public Records (PROS 97/002)
Standard for the Destruction of Public Records (PROS 97/003)
Standard for the Transfer and Storage of Public Records (PROS 97/004)
Standard for the Management of Electronic Records (PROS 99/007)
General Retention and Disposal Authority for Converted Records (PROS 10/01)
Standard for the Capture of Records (PROS 10/02) (forthcoming)
Specification on Digitisation Requirements (PROS 10/02/1S)
Specification on Digitisation Image Requirements (PROS 10/02/2S)
Specification on Digital Storage (PROS 10/XX) (forthcoming)
All available at www.prov.vic.gov.au/recmgmt/standards.htm
Other Resources
The Australian and international standard for records management, AS ISO 15489
http://www.naa.gov.au/records-management/IMframework/requirements/Standards/AS-ISO-15489.aspx
International Journal on Digital Evidence. Available at www.ijde.org/
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Advice 21: Evidence and Electronic Public Records
Public Record Office Victoria, Australian law and digital evidence: A VERS discussion
paper, April 2002. Available at www.prov.vic.gov.au/vers/toolkit
Victorian Electronic Records Strategy Final Report. Available at
www.prov.vic.gov.au/vers/
For more information on records as evidence that you believe is not covered by this
Advice, please contact:
Standards and Assessment Team
Public Record Office Victoria
Ph: (03) 9348 5600
Fax: (03) 9348 5656
Email: standards@prov.vic.gov.au
Web: www.prov.vic.gov.au
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Appendix 1: Legal Statements
Copyright notice
© State of Victoria 2009
This work is copyright. Apart from any use as permitted under the Copyright Act 1968,
no part may be reproduced through any process without prior written permission from
the publisher. Enquiries should be directed to the Public Record Office Victoria, PO
Box 2100, North Melbourne, Victoria 3051 or email ask.prov@prov.vic.gov.au
Disclaimer
This Advice does not constitute, and should not be read as, a competent legal opinion.
The State of Victoria accepts no liability for any loss, howsoever caused, whether due
to negligence or otherwise, arising from acting in reliance on this Advice. Agencies are
advised to seek independent legal advice if appropriate.
© State of Victoria 2009
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