The Public Records Act 1973 (the PR Act) was enacted to ensure the proper preservation, management and use of public records. The PR Act and the records management authorities issued by the Keeper of Public Records under section 12 of the PR Act contain provisions that agencies must follow in managing these records.
Section 13 of the PR Act states that a public officer must 'make and keep full and accurate records of the business of the office.' This obligation does not cease because a third party undertakes a service or activity of a government party under a contract. Contract activities are still the government party's business.
Standards relating to storage requirements, retention periods for classes of records, management of electronic records, and processes for the legal destruction of records by public agencies have been developed under the PR Act. These standards are available at the Public Record Office of Victoria website <http://www.prov.vic.gov.au>. These standards can be used as guidance for the range of issues that should be incorporated into a contract.
The government party should consider what part of the private party's records the government party might need to access to ensure compliance with s. 13 of the PR Act and other record-keeping objectives.