Independent Schools Victoria Compliance Framework

Guidelines on the retention and disposal of school records.

Archives and records management

Please scroll to the bottom of the page for contacts and links

Do you need to comply?

You are required to keep some records. The retention of many records, however, is optional, although in many cases highly recommended.

Conditions of compliance

Certain records are retained or archived to meet legal and fiscal requirements or future administrative needs, or because of historical significance.

The retention period for some records is determined by legal or system requirements. For other records retention periods are determined by practice, precedent or accountability.

If you have to comply, what do you have to do?

A document retention schedule should consider:

• The types of records to be kept
• The length of time for which the records should be kept
• Suggested methods of disposal and destruction of records.

Matters to consider:

• Records created and stored in digital formats are available for the specified period of retention
• Appropriateness of destroying records

What are the consequences if you don't comply?

You may encounter difficulties in cases of litigation if important and relevant records have been unnecessarily destroyed.

The Crimes (Document Destruction) Act 2005 makes it a criminal offence to knowingly destroy or conceal or authorise or permit another person to destroy or conceal a document or thing that is, or is reasonably likely to be, required as evidence in a legal proceeding. "Reasonably likely" is not an expression that is defined. It could include where there is a litigious history or student/employee complaints. Each situation would need to be looked on its own facts. Destruction also includes rendering illegible, making undecipherable or otherwise making incapable of identification. Contravention of the Act is a criminal offence. Courts can award a penalty of 5 years imprisonment or a fine up to $62,886 for individuals and a fine up to $314,430 for corporations.

Who will help you?

Independent Schools Victoria contact:

Peter Roberts
Director, School Services
Ph. 03 9825 7211
peter.roberts@independentschools.vic.edu.au

Annia Dear
Risk and Compliance Advisor
Ph. 03 9825 7275
annia.dear@independentschools.vic.edu.au

Other links:

DEECD: Archive and Records Management Advice for Schools
(Note: This resource is useful but not all advice is relevant for Independent schools)

Public Records Office: General Disposal Schedule for School Records (PDF)

Public Records Office: Disposal and Transfer

'Records Retention for Non-Government Schools' is available for purchase from the Australian Society of Archivists

Submitted 13/6/2006, edited 2/8/2011