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Access to records for court discovery orders

Access to records held by the Archives in response to discovery orders and subpoenas

e-Discovery and the law - what is the record?

Presentation on digital records in evidence, 31 May 2011, by Seamus Byrne, Director of KordaMentha, Australian information lawyer and computer forensics expert. (pdf 1.4Mb)

Accessing records

Agencies need to be able to find and use all of their records, in all formats and in all locations, to support business activities. 

Records within your agency

Most APS employees are information workers who create, use and interpret records. Making your records easy to find and use will have a significant impact on the efficiency of your agency and should be a primary consideration in your information management framework. Access to records in your agency contains more information.

Records held by the National Archives

Agency records that have been transferred to the custody of the National Archives may occasionally be needed to support ongoing business. To retrieve or view records that have been transferred to the Archives from your agency, see Access to records held by the Archives.

Other agencies' records

Agencies may also need to access records that are in the custody of another agency. For information on viewing records created by, or in the custody of other agencies, see Access to other agencies’ records.

Public access

Your agency has a responsibility to make its records available to the public as evidence of its activities and to demonstrate accountability for its actions. This access is regulated through the Freedom on Information Act 1982 and the Archives Act 1983. For more information on public requests for records held by the National Archives, see Public access.

Special access

If you are:

  • a former governor-general, minister or senior public servant who wishes to refresh memories of events dealt with while in office
  • an authorised biographer of one of these people
  • a person who has deposited personal records with the Archives
  • a person preparing major works of national significance for publication

you may qualify for special access to the Archives collection. This means you are granted access to records which are less than 20 years old or which are not publicly available. 

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