DGD14-022 Administrative Records Management Policy Policy Statement The Territory Records Act 2002 requires ACT agencies to have, and comply, with a Records Management Program. This policy outlines the Records Management Program for ACT Health’s administrative records and details how ACT Health will adhere to the requirements of the Act. The Records Management Program must comply with the Standards and codes associated with the Act and consist of: The Approval of the Principal Officer An Administrative Records Management Policy An Administrative Recordkeeping Manual (accessible via ACT Health records management intranet page). ACT Health’s administrative records are to be managed in accordance with: The organisation’s need to comply with ACT Territory Records Act 2002 legislation; to manage the creation, keeping, protection, preservation, storage and disposal of its records, and ensure that the records are usable and accessible for as long as they are required for official and public purposes. Purpose Full and accurate records The making and keeping of full and accurate records of ACT Health’s activities is essential to attain its stated outcomes. It is essential therefore for all staff to make and keep full and accurate records of their activities, to ensure that such records are incorporated into ACT Health’s recordkeeping system and to comply with all records management procedures. Ownership of records All records made or received by ACT Health are the corporate property of the agency. All records that staff make, receive and maintain as part of their duties belong to ACT Health and no records belong to individual employees. ACT Health retains control of all records required for service delivery in accordance with Recordkeeping and Outsourced Government Business, and ownership of records and/or the intellectual property they contain, is clearly specified in every outsourcing contract. Agency recordkeeping requirements ACT Health makes, manages and keeps records to support its business needs, legal and regulatory obligations, and broader community expectations. An analysis of these Doc Number DGD14-022 Issued Aug 2014 Review Date Aug 2017 Area Responsible B&I Page 1 of 6 DGD14-022 requirements and an outline of the types of records that ACT Health must make and keep are provided in the Administrative Recordkeeping Manual. Scope This policy applies to all staff within ACT Health and external agencies working on behalf of ACT Health, including, but not limited to, students, contractors and volunteers. This policy is supported by ACT Health’s Administrative Recordkeeping Manual which outlines the records management procedures for ACT Health administrative records. It details the way all staff in ACT Health will make, modify, use, handle and care for records, how, and for how long records will be kept, and how access to them will be provided. ACT Health will only meet the requirements of the Territory Records Act 2002 if all staff follow the procedures. Therefore adherence to the requirements of both this Policy and the Administrative Recordkeeping Manual is obligatory for all staff. Excluded from this policy are ACT Health clinical records which are addressed under the ‘Clinical Records Management’ policy, in conjunction with associated standard operating procedures (SOPs) and supported by the Clinical Records Management Manual. Roles & Responsibilities All staff of ACT Health have recordkeeping responsibilities. Director General The Director General of ACT Health is in charge of records management and is responsible for ensuring: compliance with all parts of ACT Health’s Records Management Program; and that all parts of ACT Health’s Records Management Program are kept updated to reflect all recordkeeping requirements that ACT Health must meet. The Director General may also initiate a review of this policy at an earlier date if circumstances make it appropriate to do so. Circumstances that would be likely to make such a review appropriate include a major change in the functions of ACT Health or significant administrative change in it. Executive Director, Business and Infrastructure The Executive Director, Business and Infrastructure, is the Executive responsible and accountable to the Director-General, for administrative oversight of ACT Health’s administrative recordkeeping system, including: compliance with external Records Management standards; the implementation of internal recordkeeping practices; ensure all personnel are aware of their individual responsibilities to create and keep records in corporate recordkeeping systems in accordance with the agency’s Records Management Program; Doc Number DGD14-022 Issued Aug 2014 Review Date Aug 2017 Area Responsible B&I Page 2 of 6 DGD14-022 ensuring that recordkeeping systems underpin and support business processes; the appointment of a Records Manager to manage the day-to-day records management of the agency; where necessary, the creation of a Records Management Unit to assist the Records Manager; the Records Management Unit is responsible for the physical creation of ACT Health’s Administrative records; approval of Procedures that are included in the agency’s Records Management Program; ensuring new and existing personnel under their control undertake recordkeeping awareness training; ensuring full and accurate records of business activities are made and kept; developing performance measures for evaluation and implement actions, to meet corporate objectives and relevant standards and; reviewing and updating the Records Management Program on a rolling basis such that the entire program is reviewed and updated at least every five years. Managers and Supervisors Managers and supervisors are accountable for compliance with the records management policy and procedures, as set out in the ACT Health Administrative Recordkeeping Manual in their area of responsibility, for both paper and digital records. Managers and supervisors are responsible for: induction of new and existing personnel about their responsibilities under the legislation, agency policies and Records Management Program, recordkeeping systems that underpin and support the unit’s business processes, keeping full and accurate records of all business activities, including the disposal of records within the privacy and confidentiality obligations of ACT Health recordkeeping procedures and practises. ACT Health Staff ACT Health staff are responsible for: making accurate and full records as evidence of their business activities, identify, classify and capture records including electronic records, into official recordkeeping system(s), and protect and dispose of records using approved disposal schedules. Evaluation Outcome Measures ACT Health compliance with the requirements of the Territory Records Act 2002 and the Territory Records Office Standards for Records Management. Method Administrative Records Management practices will be subject to audits, conducted by either ACT Health internal auditors, the Territory Records Office or the ACT Government Auditor General or others, as endorsed by the Director-General. Doc Number DGD14-022 Issued Aug 2014 Review Date Aug 2017 Area Responsible B&I Page 3 of 6 DGD14-022 Findings from audits are provided to the Director-General and other relevant Executive Directors and managers for management and resolution of issues. Related Legislation, Policies and Standards Recordkeeping Standards ACT Health will conform to the Territory Records Act 2002 and the Territory Records Office Standards for Records Management. This Policy and ACT Health’s Record Keeping Manual have been developed in conformity with both the Act and the Standards. In cases where recordkeeping issues arise, which are not covered by the Policy or Procedures, ACT Health will follow advice from the Territory Records Office and be guided by the Australian Standard on Records Management: AS ISO 15489. ACT Health must adhere to the ACT Protective Security Policy Framework for the security classification and protective control of information assets (in electronic and paper based formats which match their value, importance and sensitivity. For further reference refer to Legislation Other Acts influencing the policy may include but are not limited to: Dangerous Substances ACT 2004 The purpose of this Act is to protect the health and safety of people, and to protect property and the environment from damage, from the hazards associated with dangerous substances. Electronic Transactions Act 2011 which is “an Act to facilitate the use of electronic methods in transactions and record-keeping”. Environmental Protection Act 1997 “an Act to protect and enhance the quality of the environment”. Evidence Act 2011 which provides that a court may need to examine records as evidence of an agency’s decisions and actions and which details requirements relating to the authenticity of electronic records. Financial Management Act 1996 which requires “that proper accounts and records are kept of transactions and affairs of the department in accordance with generally accepted accounting practice”. Freedom of Information Act 1989 which provides a right for individuals to seek access to Territory records including records, about themselves and sets out a number of exemption provisions. Medicines, Poisons and Therapeutic Goods Act 2008 which is “an Act to consolidate and reform the law relating to regulated substances and regulated therapeutic goods, to give effect to the medicines and poisons standard, and for other purposes” Information Privacy Act 2014 and Health Records (Privacy and Access) Act 1997 contain principles governing the collection, safeguarding, access to, use and disclosure of personal information and personal health information. These Acts protects members of the public from the misuse of information about themselves and gives people a right to see records about themselves (subject to any legal requirements on decision makers). Public Sector Management Act 1994 which establishes “accountability to the government for the ways in which functions are performed” as a key value of the ACT Public Service or which sets out the general principles for public administration by Doc Number DGD14-022 Issued Aug 2014 Review Date Aug 2017 Area Responsible B&I Page 4 of 6 DGD14-022 ACT Government agencies and the general obligations expected of public employees in carrying out their work. Radiation Protection Act 2006 which provides for the protection of the health and safety of people, and for the protection of property and the environment, from the harmful effects of radiation, and for related purposes. Territory Records Act 2002. Work Health and Safety Act 2011 which allows “inspecting or making copies of employee records that are directly relevant to a suspected contravention” of the Act and details records to keep regarding health and safety, including representatives, incidents, activities and entry permits. Working with Vulnerable People (Background Checking) Act 2011 which outlines records associated with the requirements for registration of persons engaged in regulated activity. Supporting documents Whole of Government Thesaurus of Terms Administrative Recordkeeping Manual. ACT Health Administrative Records Functional Thesaurus AS ISO 15489.2-2002 (R2013), Record Management. Australian Standard, Record Management, Guidelines 2002. ACT Recordkeeping Manual, Recordkeeping Manual (2012) Territory Record Office Guidelines. http://www.territoryrecords.act.gov.au/background#relatedLinks Policies Clinical Records Management Relationship to other policies Other ACT Health policies cover issues related to records management. This policy is not to be seen as subordinate to them. In the case of any apparent contradiction between policies the issue is to be referred to the Executive in charge of records management for resolution. The Executive in charge of records management is responsible for seeing that related policies are progressively examined to ensure that they reflect the requirements of this policy without detracting from their own purposes. This policy is consistent with ACT Health’s Code of Conduct and the ACT Government’s Code of Ethics. Definition of Terms Principal Officer: means the Director-General of an administrative unit or its equivalent. Record: (a) means information created and kept, or received and kept, as evidence and information by a person in accordance with a legal obligation or in the course of conducting business; and (b) includes information in written, electronic or any other form. Record keeping: means the making and maintaining of complete, accurate and reliable evidence of business transactions in the form of recorded information. Doc Number DGD14-022 Issued Aug 2014 Review Date Aug 2017 Area Responsible B&I Page 5 of 6 DGD14-022 Records Management: The field of management responsible for the efficient and systematic control of the creation, receipt, maintenance, use and disposition of records, including processes for capturing and maintaining evidence of and information about business activities and transactions in the form of records (AS ISO 15489). Records Management Program: A document which complies with section 16 of the Territory Records Act 2002 by setting out the means by which an agency will manage its records, and is approved by the agency’s Principal Officer Records System: Information system which captures manages and provides access to records through time (AS ISO 15489). References AS ISO 15489.2-2002 (R2013), Record Management Territory Records Act 2002 Territory Records Office Advice - number 41, 47 and 57 Territory Records Office Guideline – number 1 Review of Policy and Procedures Disclaimer: This document has been developed by ACT Health, <Business & Infrastructure/ CSSE/Records Management> specifically for its own use. Use of this document and any reliance on the information contained therein by any third party is at his or her own risk and Health Directorate assumes no responsibility whatsoever. Doc Number DGD14-022 Issued Aug 2014 Review Date Aug 2017 Area Responsible B&I Page 6 of 6