Public Records Regulations 2013 (Vic)

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Version No. 001

Public Records Regulations 2013

S.R. No. 139/2013

Version as at


24 November 2013

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definition

6Conditions of use of public records and facilities

7Fees

8Notice of possession of a prescribed record

__________________

SCHEDULES

SCHEDULE 1—Fees for Making Copies of Public Records

SCHEDULE 2—Fees for Priority Supply of Copies of Public Records and Other Services

SCHEDULE 3—Notice of Possession of a Prescribed Record

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Public Records Regulations 2013

S.R. No. 139/2013

Version as at


24 November 2013

1Objectives

The objectives of these Regulations are—

(a)to set conditions under which members of the public may inspect public records and use facilities provided by the Public Record Office; and

(b)to set fees for making and supplying copies of public records provided by the Public Record Office; and

(c)to prescribe other matters authorised by the Public Records Act 1973.

2Authorising provision

These Regulations are made under section 23 of the Public Records Act 1973.

3Commencement

These Regulations come into operation on 24 November 2013.

4Revocation

The Public Records Regulations 2003[1] are revoked.

5Definition

In these Regulations, Reading Room means the reading room facilities provided by the Public Record Office.

6Conditions of use of public records and facilities

(1)A member of the public inspecting a public record or using facilities provided by the Public Record Office to the public must not—

(a)behave in a manner disruptive to other users; or

(b)take or make a telephone call in the Reading Room; or

(c)bring into the Reading Room any item that may damage any public record in the custody of the Public Record Office, including but not limited to pens, food and drink; or

(d)behave in a manner that may damage any public record in the custody of the Public Record Office, including but not limited to leaning or writing on records, marking records, folding records anew and tracing from records; or

(e)bring into the Reading Room any item within which a public record may be concealed, including but not limited to bags, containers, clipboards, folders and plastic sleeves; or

(f)bring into the Reading Room any item reasonably capable of interfering with the preservation and security of any public record in the custody of the Public Record Office.

(2)A person who does not comply with subregulation (1) may be requested to leave the premises of the Public Record Office.

7Fees

(1)The fees set out in Schedule 1 are payable for making copies of public records.

(2)The fees set out in Column 3 of the Table in Schedule 2 are payable for the services described in Column 2 of that Table.

8Notice of possession of a prescribed record

For the purposes of section 16(2) of the Public Records Act 1973, a notice of possession must be in or to the effect of the form in Schedule 3.

__________________

SCHEDULES

SCHEDULE 1

Regulation 7

FEES FOR MAKING COPIES OF PUBLIC RECORDS

Column 1

Item

Column 2

Description of service

Column 3

Fee

1 Photocopying 1·1 fee units
(per 20 pages or part thereof)
2 Digital copying of documents––
(a)  map, plan or other oversized single-page document 1·5 fee units (per document)
(b)  standard-sized (A4) document— (i)    for the first 20 pages of the document 1·5 fee units
(ii)   for every 30 pages or part thereof after the first 20 pages 1·2 fee units

__________________

SCHEDULE 2

Regulation 7

FEES FOR PRIORITY SUPPLY OF COPIES OF PUBLIC RECORDS AND OTHER SERVICES

(ADDITIONAL TO FEES FOR MAKING COPIES)

Column 1

Item

Column 2

Service

Column 3

Fee for service

1 Supply of copies, whether paper or digital, by Public Record Office on day of request $15.00 per 20 pages or part of 20 pages
2 Supply of copies, whether paper or digital, by Public Record Office on following day $7.50 per 20 pages or part of 20 pages
3 Provision of certificate under section 22(2) of the Public Records Act 1973 $5.00 per certificate

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SCHEDULE 3

Regulation 8

NOTICE OF POSSESSION OF A PRESCRIBED RECORD

I, [name] of [address]

[occupation]

declare that I am the owner of [full description of record ]

which is declared to be a prescribed record under section 16(1) of the Public Records Act 1973.

The record is [tick one]

o in my custody at [address]

o not in my custody and I believe that [name]

of [address]

[occupation] has custody.

Signed:

Dated:

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ENDNOTES

1.     General Information

The Public Records Regulations 2013, S.R. No. 139/2013 were made on 19 November 2013 by the Governor in Council under section 23 of the Public Records Act 1973, No. 8418/1973 and came into operation on 24 November 2013: regulation 3.

The Public Records Regulations 2013 will sunset 10 years after the day of making on 19 November 2023 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

There are no amendments made to the Public Records Regulations 2013 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details


[1] Reg. 4: S.R. No. 141/2003.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2013 is $12.84.  The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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