The Records Management Association of Australasia (RMAA) expects the landmark decision in
the NSW Court of Appeal recently to be a Watershed for the public service in that state.
In a case known as WorkCover v Law Society of NSW, judge Ruth McColl, with the endorsement of
her colleagues, ruled that the NSW FOI Act operates on the premise that there is public interest in the
public having access to government information.
To be in compliance with the ruling, government agencies must disclose “working documents” after their significance wanes with time and they must prove “tangible harm” will occur if documents are disclosed rather than argue theoretic scenarios as was the case.
While the decision may be a victory for those advocating transparent government, and we all want that, the ruling has created more questions than answers for our members. How do you prove “material harm” and to which jurisdiction’s satisfaction?
The RMAA will continue to advocate legislative and legal compliance, best practice and the need for organisations to develop and implement efficient and robust records management systems that are operated by qualified, professional records practitioners.
While these decisions will certainly have financial implications amongst others, the RMAA suggest that costs to an organisation will be much higher if done inefficiently or undertaken by staff that are unskilled in the Records Management discipline.
CONTACTS: Mr David Pryde, Vice President, Records Management Association of Australasia (RMAA), Email: kate.walker@rmaa.com.au
