16Approved records management programs

16 Approved records management programs (1) An agency must have an approved records management program. (2) The approved records management program must include arrangements— (a) for ensuring that the agency complies with this Act and the records management program; and Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). (b) for establishing normal practices and procedures for the exercise of functions of the agency in relation to its records (normal administrative practices), including the disposal of records; and (c) for telling the director about any arrangements entered into with an entity that is not an agency to carry out any aspect of its records management; and (d) under which the director may examine the operation of the records management program and the agency’s compliance with this Act and the records management program; and (e) for the resolution of disputes about whether the agency is complying with this Act or the records management program; and (f) to allow the director to report on the agency’s compliance with this Act and the records management program; and (g) for allocating resources for the records management program; and (h) for the proper care of records of the agency, particularly records of archival or enduring value; and (i) for preserving records containing information that may allow people to establish links with their Aboriginal or Torres Strait Islander heritage; and

Part 2 Management and care of records Division 2.3 Records management Section 16 page 10 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (j) for the regular review of records to which a declaration under section 28 (Declarations applying provisions of FOI Act) applies; and (k) for the director, if asked by the agency, to provide assistance, advice and training to the agency in records management; and (l) for review and replacement or amendment of the records management program. (3) Subsection (2) does not limit the matters that may be included in the approved records management program. (4) An agency may dispose of a record only in accordance with its records management program. (5) An agency may dispose of a record mentioned in subsection (2) (i) only after consulting the council. (6) An agency must comply with its records management program. (7) Subsection (6) has effect despite any other Territory law, including the Inquiries Act 1991, Judicial Commissions Act 1994 or Royal Commissions Act 1991. (8) Despite anything else in this section— (a) an approved records management program for health records is in addition to, and must not be inconsistent with, the requirements of the Health Records Act; and (b) the Health Records Act prevails to the extent of any inconsistency between the program and the Health Records Act.