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Section 15 - Documents in the Public Record Office

Guidelines

Purpose of section 15

1.1

The Act applies to documents that are in the Public Record Office of Victoria’s (PROV) possession, except for documents available for public inspection in PROV.2

Documents transferred by an agency and held by PROV: sections 15(1) and 15(6)

1.2

Documents that are transferred by an agency and held by PROV are taken to be held by the transferring agency, even though PROV physically holds the transferred documents.5

1.3

This means an agency that transfers a document to PROV, or a place of deposit, is responsible for handling requests for access for the transferred document because it is a document in the possession of the agency (unless the document is available for public inspection at PROV).6

1.4

If an agency no longer exists, the agency whose functions most closely relate to the document will be taken to have possession of the document.

What is a ‘place of deposit’?

1.5

Section 15(6) applies to a ‘place of deposit’. A ‘place of deposit’ is a facility or area authorised by the Keeper of Public Records to store State archives on its behalf. These facilities or areas must have been appointed by the Minister as a place of deposit for temporary records.8

1.6

Section 15(6) applies where an agency has transferred a document to a place of deposit. The transferring agency (or, if that agency no longer exists, the agency whose functions most closely relate to the document) is taken to be in possession of the document and must handle requests for access for the document.

Documents placed in PROV’s custody or place of deposit before the Act commenced: sections 15(5) and (7)

1.7

Even if a document was placed in the custody of PROV or place of deposit before the Act commenced, section 15 still applies and the document is taken to be in the agency’s possession.10

Seeking access to a document in the custody of PROV: section 15(3)

1.8

The Public Records Act does not prevent a person from obtaining access to a document in PROV’s custody in accordance with the FOI Act.12

  1. Freedom of Information Act 1982 (Vic), section 15. Documents available for public inspection in PROV are excluded from access under section 14(1)(c).
  2. Freedom of Information Act 1982 (Vic), section 15. Documents available for public inspection in PROV are excluded from access under section 14(1)(c).
  3. Freedom of Information Act 1982 (Vic), sections 15(1) and 15(6).
  4. This would exclude the document from access under section 14(1)(c).
  5. Freedom of Information Act 1982 (Vic), sections 15(1) and 15(6).
  6. This would exclude the document from access under section 14(1)(c).
  7. Under section 14 of the Public Records Act 1973 (Vic), the Minister may appoint a place outside PROV as a place of deposit for any specified class of public records provided it appears to the Minister that the place is suitable for the safe-keeping and preservation of public records.
  8. Under section 14 of the Public Records Act 1973 (Vic), the Minister may appoint a place outside PROV as a place of deposit for any specified class of public records provided it appears to the Minister that the place is suitable for the safe-keeping and preservation of public records.
  9. Freedom of Information Act 1982 (Vic), sections 15(5) and 15(7).
  10. Freedom of Information Act 1982 (Vic), sections 15(5) and 15(7).
  11. Freedom of Information Act 1982 (Vic), section 15(3).
  12. Freedom of Information Act 1982 (Vic), section 15(3).

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Last updated 27 December 2023

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