Australian Capital Territory
Territory Records (Records Disposal Schedule – Protection of records relevant to the Royal Commission into Institutional Responses to Child Sexual Abuse) Approval 2013 (No 1)
Notifiable instrument NI2013—42
made under the
Territory Records Act 2002, s 19A (Records disposal schedules—suspension)

1.	Name of Instrument
This instrument is the Territory Records (Records Disposal Schedule – Protection of records relevant to the Royal Commission into Institutional Responses to Child Sexual Abuse) Approval 2013 (No 1).
2.	Approval
I approve the Records Disposal Schedule – Protection of records relevant to the Royal Commission into Institutional Responses to Child Sexual Abuse.
3.	Commencement
This instrument commences on the day after notification.

Danielle Wickman
Director of Territory Records
25 January 2013

Records Disposal Schedule
Protection of records relevant to the Royal Commission into Institutional Responses to Child Sexual Abuse
.
Table of Contents
INTRODUCTION
PURPOSE
SCOPE
AUTHORITY
GUIDELINES FOR USE
Coverage of authority
FUNCTIONS AND ACTIVITIES THAT MAY GIVE RISE TO RECORDS COVERED BY THIS SCHEDULE
UPDATING THE RECORDS DISPOSAL SCHEDULE
ASSISTANCE IN USING THE RECORDS DISPOSAL SCHEDULE
RELATED LEGISLATION
DEFINITIONS
Agency
Appraisal
Disposal
Principal Officer
Records
Records of an Agency
Records Disposal Schedule
Territory Archives
RECORDS DISPOSAL SCHEDULE
RECORDS RELEVANT TO THE ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE
Records containing information that may be of relevance to the Royal Commission into Institutional Responses to Child Sexual Abuse.
Institutional Responses to Child Sexual Abuse
Child Sexual Abuse Cases

INTRODUCTION
The Records Disposal Schedule – Protection of Records Relevant to the Royal Commission into Institutional Responses to Child Sexual Abuse is the official authority for the disposal of these ACT Government Records. It is one of a series of records disposal schedules authorised by the Director of Territory Records in accordance with the provisions of the Territory Records Act 2002. It is used in conjunction with other Territory records disposal schedules.
PURPOSE
The purpose of this Records Disposal Schedule is to suspend the application of all other records disposal schedules where they apply to records created or maintained by ACT Government Agencies that may be of relevance to the Commonwealth Government’s Royal Commission into Institutional Responses to Child Sexual Abuse. 
SCOPE
This Records Disposal Schedule applies to records created or maintained by ACT Government Agencies. It applies to records in any format, including electronic records.
AUTHORITY
The Director of Territory Records, in consultation with the Territory Records Advisory Council, has approved this Records Disposal Schedule. 
Officers using records disposal schedules should be aware that the authorisations for disposal are given in terms of the Territory Records Act 2002 only. Officers must not dispose of records in contravention of this Records Disposal Schedule or other requirements such as when records are required for legal proceedings. 
This Records Disposal Schedule will remain in force until the Director of Territory Records withdraws it from use. Subsequent records disposal schedules do not supersede this Schedule unless this is specifically indicated in the later schedule. 
GUIDELINES FOR USE
A records disposal schedule generally specifies retention periods: that is, how long records are to be retained by the agency before being destroyed or retained as Territory Archives. This Schedule acts to suspend any previously authorised retention periods for records that are of a type described in this Schedule. 
An agency must not dispose of any records where it is aware of possible legal action for which the records may be required as evidence or if there is a current records disposal freeze in effect.
Ordinarily, records disposal schedules have a hierarchical structure that reflects government activity in terms of functions and activities, rather than by subject. This also reflects a close relationship to the Territory Whole of Government Thesaurus originally based on the Territory Version of Keyword AAA. Records disposal schedules are designed to be applicable to all ACT Government records regardless of titling conventions used, so that records which have not been titled using the terminology represented by a records disposal schedule may still be sentenced with relative ease.
This Schedule does not follow this usual structure, but instead describes specific categories of records for which destruction is not currently authorised. These categories are based on particular characteristics of the records or the circumstances in which they may be required, rather than the more usual function and activity hierarchy.
To assist agencies to identify records that may be within the scope of this Schedule, a number of functions and activities defined in other records disposal schedules that may give rise to relevant records are identified below. The number of the Notifiable Instrument in which these functions and activities are defined is also provided.
It is important to note that this list is not exhaustive. The destruction of any record meeting the characteristics described in this Schedule is not currently authorised, regardless of whether it is has been classified using the function and activity descriptors below. 
It is also important to note that inclusion of a function or activity descriptor in this list does not mean that destruction of all records classifiable under these descriptors is suspended. This function and activity list is indicative only, and only records having the characteristics set out in the disposal classes of this Schedule are required to be retained beyond their usual retention period. Records of the functions and activities below which do not meet the specific characteristics of this Schedule may be disposed of as authorised by the relevant existing records disposal schedules. 
Coverage of authority
The Records Disposal Schedule – Protection of records relevant to the Royal Commission into Institutional Responses to Child Sexual Abuse:
•	covers all ACT Government records;
•	is intended to be used in conjunction with other Territory records disposal schedules;
•	suspends the application of any other authorised records disposal schedule for records that meet the characteristics set out in this Schedule; 
•	is applicable to all relevant records regardless of when they were created; and
•	is applicable to records created and maintained in any format, including electronic records or those in formats such as microfiche.
FUNCTIONS AND ACTIVITIES THAT MAY GIVE RISE TO RECORDS COVERED BY THIS SCHEDULE
NI2007–313	Accommodation Services	
Activities:	Placement	Student Accommodation		
NI2005–94	Accommodation Support Services	
Activities:	Advice	Advocacy Services	Appeals	
Assessing	Authorisation	Committees	Community Liaison	
Contracting Out	Enquiries	Evaluation	Implementation	
Liaison	Meetings	Planning	Policy	
Procedures	Program Development	Public Reaction	Reporting	
Research	Respite Services	Reviewing (decisions)	Reviewing (entitlements)	
Submissions				
NI2004–478	ACT Court of Appeal Records	
Activities:	Cases			
NI2011—89	ACT Director of Public Prosecutions 	
Activities:	ACT Court of Appeal–Appeals	ACT Supreme Court–Appeals	ACT Supreme Court–Sentencing	
ACT Supreme Court–Trials	Bail Applications	Breaches of Recognizance	Case Management	
Children’s Court–Prosecutions	Confiscation of Criminal Assets (COCA)	Coronial Inquests	Court Exhibits	
Family Violence Prosecutions	Magistrate’s Court Proceedings	Ngambra Circle Sentencing Court Records	Representations (Defence Solicitors)	
NI2006—447	ACT Government Solicitor Legal Services	
Activities:	Legal Advice	Legal Representation		
NI2004–478	ACT Tribunals Records	
Activities:	Cases			
NI2004–478	Adoption Records	
Activities:	Cases			
NI2007–317	Adoption Management	
Activities:	All Activities			
NI2003—457	Advocacy	
Activities:	Cases			
NI2004–478	Appeals in the Supreme Court from Magistrates Court Records	
Activities:	Cases			
NI2004–478	Appeals in the Supreme Court from the Tribunals Records	
Activities:	Cases			
NI2006–448	Athlete Development	
Activities:	Athlete Services	Audit	Contracting Out	
Evaluation	Medical assessments	Meetings	Planning	
Policy	Procedures	Reporting	Reviewing	
Risk Management				
NI2006—26	Audit Services 	
Activities:	Advice	Audit	Inquiries	
Investigation	Policy	Procedures	Research	
Reviewing	Standards			
NI2007—317	Child Protection	
Activities:	All Activities			
NI2004–478	Children’s Court Records	
Activities:	Cases			
NI2007—317	Children’s Court Services	
Activities:	All Activities			
NI2004–317	Children’s Programs	
Activities:	All Activities			
NI2004—478	Civil Records	
Activities:	Cases			
NI2005–94	Community Access Services	
Activities:	Advice	Authorisation	Committees	
Community Liaison	Contracting Out	Evaluation	Liaison	
Meetings	Planning	Policy	Procedures	
Program Development	Public Reaction	Referring	Reporting	
Research	Respite Services	Submissions		
NI2005—94	Community Concession Services	
Activities:	Advocacy Services	Community Liaison	Contracting Out 	
Referring				
NI2006—257	Community Development	
Activities:	Advice	Committees	Evaluation	
Liaison	Meetings	Planning	Policy	
Reporting	Research	Reviewing		
NI2012—183	Compensation	
Activities:	Advice	Audit	Authorisation	
Case Management	Claims	Committees	Compliance	
Meetings	Policy	Procedures	Reviewing	
NI2009—10	Corporate Governance	
Activities:	Advice	Audit	Authorisation	
Boards	Committees	Compliance	Planning	
Policy	Procedures	Reporting	Research	
Reviewing	Risk Management			
NI2004–478	Coronial Records	
Activities:	Cases			
NI2006–345	Corrections Security	
Activities:	Intelligence	Security		
NI2004–478	Criminal Records	
Activities:	Cases			
NI2009—437	Establishment	
Activities:	Evaluation	Restructuring	Variations	
NI2009—451	External Education Relations (Non-Government)	
Activities:	Advice	Committees	Compliance	
Grievances	Liaison	Meetings	Planning	
Policy	Procedures	Public Reaction	Reporting	
Research	Reviewing	Submissions		
NI2005—94	Health Professional Services	
Activities:	Advice	Audit	Authorisations	
Committees	Community Liaison	Contracting Out	Consulting Services	
Counselling Services	Educating	Enquiries	Evaluation	
Implementation	In-service Training	Intake Services	Liaison	
Meetings	Planning	Policy	Procedures	
Program Development	Reporting	Research	Reviewing	
Standards	Submissions			
NI2009—630	Government Insurance Services	
Activities:	Claims	Risk Management		
NI2011—88	Government Relations	
Activities:	Advice	Audit	Representations	
NI2005—155	Inquiries and Commissions	
Activities:	All activities			
NI2006—345	Justice Administration	
Activities:	Meetings	Reporting	Research	
Reviewing				
NI2009—443	Legal Services	
Activities:	Advice	Audit	Claims	
Infringements	Inquires	Litigation	Representatives	
NI2004–478	Matrimonial Causes Records	
Activities:	Cases			
NI2006—345	Offender Management	
Activities:	All activities			
NI2006—345	Official Visitor	
Activities:	All activities			
NI2011—93	Ombudsman Complaint Management	
Activities:	All activities			
NI2006—349	Parenting Services	
Activities:	Audit	Cases	Committees	
Contracting Out	Evaluation	Implementation	Liaison	
Planning	Policy	Procedures	Public Reaction	
Reporting	Research	Reviewing	Submissions	
NI2009—210	Patient Services Administration	
Activities:	Advice	Audit	Authorisation	
Committees	Compliance	Contracting Out	Enquiries	
Evaluation	Liaison	Meetings	Planning	
Policy	Procedures	 Public Reaction	Quality Assurance	
Reporting	Reviewing	Risk Management	Service Delivery	
Standards				
NI2011—97	Personnel	
Activities:	Advice	Audit	Authorisation	
Claims	Committees	Compliance	Counselling	
Discipline	Employment Conditions	Evaluation	Grievances	
Infringements	Meetings	Performance Management	Planning	
Policy	Procedures	Recruitment	Rehabilitation	
Reporting	Reviewing	Reviews (decisions)	Security	
Separations	Training			
NI2009—209	Population Health Care Management and Control	
Activities:	Contracting Out	Inspections	Registration	
NI2006—29	Public Administration	
Activities:	Grievances	Inquiries	Public Interest Disclosure	
NI2006—29	Public Service Management	
Activities:	Advice	Committees	Contracting Out	
Evaluation	Meetings	Planning	Policy	
Procedures	Reporting	Research	Reviewing	
NI2006—30	Public Trustee Services	
Activities:	Advice	Cases	Committees	
Policy	Procedures			
NI2009—451	School Management	
Activities:	All activities			
NI2006—345	Sentence Administration	
Activities:	All activities			
NI2004–478	Sheriffs Process Records	
Activities:	Cases			
NI2006–448	Sport and Recreation Services	
Activities:	Advice	Contracting Out	Evaluation	
Liaison	Meetings	Planning	Policy	
Procedures	Reporting	Research	Reviewing	
Risk Management				
NI2009–453	Strategic Management	
Activities:	Audit	Committees	Compliance	
Corruption	Evaluation	Quality Assurance	Reporting	
Research	Reviewing	Risk Management	Standards	
NI2009—451	Student Administration	
Activities:	Advice	Arrangements	Case Management	
Committees	Compliance	Discipline	Evaluation	
Implementation	Liaison	Meetings	Planning	
Policy	Procedures	Public Reaction	Reporting	
Research	Reviewing	Student Accommodation	Student Attendance	
Student Excursions	Student Misconduct	Student Work Placements	Submissions	
NI2009—451	Student Services	
Activities:	Advice	Authorisation	Case Management	
Chaplaincy	Child Care Provision	Committees	Discipline	
Early Intervention Programs	Evaluation	Grievances	Health Promotion	
Implementation	Liaison	Meetings	Planning	
Policy	Procedures	Public Reaction	Reporting	
Research	Reviewing	Special Education	Special Needs Support	
Student Grievances	Student Health and Counselling Services	Submissions		
NI2009—451	Teacher Qualification Regulations	
Activities:	Advice	Committees	Compliance	
Evaluation	Liaison	Meeting	Planning	
Policy	Procedures	Research	Reviewing	
Standards	Training			
NI2007—313	Tertiary Student Administration	
Activities:	Audit	Committees	Enrolment	
Student Attendance	Student Grievances			
NI2007—313	Tertiary Student Services	
Activities:	Chaplaincy	Child Care Provision	Special Needs Support	
Student Health and Counselling Services	Student Services Liaison			
NI2009—451	Training and Vocational Education	
Activities:	Accreditation	Advice	Audit	
Committees	Compliance	Contracting Out	Evaluation	
Liaison	Meetings	Planning	Policy	
Procedures	Registration	Reporting	Research	
Reviewing	Submissions			
NI2005—94	Tenancy Management	
Activities:	Inspections	Liaison	Tenancy Register	
NI2009—211	Victims Support and Redress	
Activities:	All Activities			
NI2007—317	Youth Justice	
Activities:	All Activities			
NI2007—317	Youth Programs	
Activities:	All Activities			
UPDATING THE RECORDS DISPOSAL SCHEDULE
Records disposal schedules are reviewed and updated from time to time. For suggested amendments or alterations to this schedule please contact the Director of Territory Records.
ASSISTANCE IN USING THE RECORDS DISPOSAL SCHEDULE
Agencies requiring any assistance in the interpretation or implementation of any records disposal schedule are encouraged to contact the Director of Territory Records.

RELATED LEGISLATION
The following legislation may be related to the record classes covered by this Records Disposal Schedule:

ACT Self-Government Act 1988
Administration and Probate Act 1929
Administrative Appeals Tribunal Act 1995
Administrative Decisions (Judicial Review) Act 1989
Adoption Act 1993
Agents Act 2003
Associations Incorporation Act 1991
Auditor-General Act 1996
Australian Federal Police Act 1979 (Cth)
Business Names Act 1963
Board of Senior Secondary Studies Act 1997
Canberra Institute of Technology Act 1987
Children and Young People Act 1999
Commonwealth Higher Education Funding Act 1988
Community Advocate Act 1991
Community and Health Services Complaints Act 1993
Coroners Act 1997
Court Procedures Act 2004
Crime Prevention Powers Act 1998
Crimes Act 1900
Crimes (Child Sex Offenders) Act 2005
Crimes (Forensic Procedures) Act 2000
Crimes (Restorative Justice) Act 2004
Crimes (Sentencing) Act 2005
Crimes (Sentence Administration) Act 2005
Criminal Code 2002
Custodial Escorts Act 1998
Director of Public Prosecutions Act 1990
Disability Discrimination Act 1992
Disability Services Act 1991
Discrimination Act 1991
Domestic Relationships Act 1994
Domestic Violence Agencies Act 1986
Domestic Violence and Protection Orders Act 2001
Drugs of Dependence Act 1989
Education Act 2004
Education Services for Overseas Students Act 2000
Education Services for Overseas Students (Registration and Regulation of Providers)
Act 1994
Electronic Transactions Act 2001
Epidemiological Studies (Confidentiality) Act 1992
Evidence Act 1971
Evidence (Miscellaneous Provisions) Act 1991
Financial Management Act 1996
Food Act 2001
Freedom of Information Act 1989
Government Procurement Act 2001
Government Solicitor Act 1989
Guardianship and Management of Property Act 1991
Health Act 1993
Health and Community Care Services Act 1996
Health Promotion Act 1995
Health Records (Privacy and Access) Act 1997
High Court of Australia Act 1979 (Cth)
Hotel School Act 1996
Housing Assistance Act 1987
Human Rights Commission Act 2005
Insurance Authority Act 2005
Intoxicated People (Care and Protection) Act 1994
Inquiries Act 1991
Judicial Commissions Act 1994
Landlord and Tenant Act 1899
Law Officer Act 1992
Legislation Act 2001
Limitation Act 1985
Magistrates and Coroner's Courts (Registrar) Act 1991
Magistrates Court (Civil Jurisdiction) Act 1982
Magistrates Court Act 1930
Medical Practitioners Act 1930
Medical Services (Fees) Act 1984
Medical Treatment Act 1994
Mental Health (Treatment and Care) Act 1994
Nurses Act 1988
Occupational Health and Safety Act 1989
Ombudsman Act 1989
Periodic Detention Act 1995
Poisons and Drugs Act 1978
Power of Attorney Act 1956
Prisoners Interstate Leave Act 1997
Privacy Act 1988 (Cth)
Psychologists Act 1994
Public Interest Disclosure Act 1994
Public Sector Management Act 1994
Public Trustee Act 1985
Rehabilitation of Offenders (Interim) Act 2001
Remand Centres Act 1976
Residential Tenancies Act 1997
Royal Commissions Act 1991
Schools Assistance (Learning Together - Achievement Through Choice and
Opportunity) Act 2004 (Cth)
Spent Convictions Act 2000
States Grants (Primary and Secondary Education Assistance) Act 2000 (Cth)
Supervised Injecting Place Trial Act 1999
Supreme Court Act 1933
Territory Records Act 2002
Training and Tertiary Education Act 2003
Trustee Act 1925
University of Canberra Act 1989
Victims of Crime (Financial Assistance) Act 1983
Victims of Crime Act 1994
Vocational Education and Training Act 1995
Wills Act 1968
Workers Compensation Act 1951
Workers Compensation Regulation 2002
Young Peoples Act 1999

DEFINITIONS
Agency
The Executive, an ACT Court, the Legislative Assembly Secretariat, an administrative unit, a Board of Inquiry, a Judicial or Royal Commission, any other prescribed authority, or an entity declared under the regulations of the Territory Records Act 2002 to be an agency.
Appraisal
The process of evaluating business activities to determine which records need to be captured and how long the records need to be kept, to meet business needs, the requirements of organisational accountability and community expectations.
Disposal
A range of processes associated with implementing appraisal decisions. These include the retention, deletion or destruction of records in or from recordkeeping systems, the migration or transmission of records between recordkeeping systems, and the transfer of custody or ownership of records.
Principal Officer
The Chief Executive of an administrative unit, or its equivalent in other types of agencies.
Records
Information created, received, and maintained as evidence and information by an organisation or person, in pursuance of legal obligations or in the transaction of business. This recorded information must be maintained or managed by the agency to provide evidence of their business activities. Records can be in written, electronic or any other form.
Records of an Agency
Records, in writing, electronic or any other form, under the control of an agency or to which it is entitled to control, kept as a record of its activities, whether it was created or received by the agency.
Records Disposal Schedule
A document approved by the Director of Territory Records, which sets out the types of records an agency must make and how long they must be kept.
Territory Archives
Records preserved for the benefit of present and future generations.

RECORDS DISPOSAL SCHEDULE

RECORDS RELEVANT TO THE ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE
Records containing information that may be of relevance to the Royal Commission into Institutional Responses to Child Sexual Abuse.
Institutional Responses to Child Sexual Abuse
The systems, processes and actions pursued by institutions, including non-ACT government institutions, in relation to preventing or responding to child sexual abuse.

Entry No.	Description of Records	Disposal Action	
GE2.GE1.001

*GE2.GE1.001*	Records documenting, or supporting an assessment of, institutional responses to child sexual abuse, including those which document policies, procedures and actions, and the review of these. Includes records relating to:
•	the protection of children against child sexual abuse and related matters in institutional contexts;
•	encouraging the reporting of, and responding to reports or information about, allegations, incidents or risks of child sexual abuse and related matters in institutional contexts;
•	responses to child sexual abuse and related matters in institutional contexts, including addressing failures in, and impediments to, reporting, investigating and responding to allegations and incidents of abuse; and
•	addressing, or alleviating the impact of, past and future child sexual abuse and related matters in institutional contexts, including, in particular, in ensuring justice for victims through the provision of redress by institutions, processes for referral for investigation and prosecution and support services.
	Destruction not currently authorised	

Child Sexual Abuse Cases
Reports, suspicions, allegations or incidents of child sexual abuse.

Entry No.	Description of Records	Disposal Action	
GE2.GE2.001

*GE2.GE2.001*
	Records documenting, or supporting the investigation of, reports, suspicions, allegations or incidents of child sexual abuse including, but not limited to records that may provide evidence of the actions or circumstances of either the perpetrators or victims of child sexual abuse.	Destruction not currently authorised