Public Records Regulations 2023 (Vic)

Version No. 001

Public Records Regulations 2023

S.R. No. 117/2023

Version as at

18 November 2023

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Conditions for inspection of public records and use of facilities

7Public user may be requested to leave premises

8Fees for making copies of public records

9Fees for other services

10Prescribed records—owner to lodge notice of possession

Schedule 1—Fees for making copies of public records

Schedule 2—Fees for 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 2023

S.R. No. 117/2023

Version as at

18 November 2023

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 a form for the lodging of a notice of possession to the Keeper of Public Records.

2Authorising provision

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

3Commencement

These Regulations come into operation on 18 November 2023.

4Revocation

The Public Records Regulations 2013[1] are revoked.

5Definitions

In these Regulations—

device includes a computer or other digital technology provided to the public by the Public Record Office and a personal device;

facilities includes building facilities and amenities of the building facilities;

public user means a member of the public inspecting a public record or using facilities provided by the Public Record Office to the public;

Reading Room means the reading room facilities provided by the Public Record Office.

6Conditions for inspection of public records and use of facilities

(1)A public user must not behave in a manner disruptive to other users, including through the disruptive use of a personal device.

(2)A public user must not behave in a manner that is aggressive, offensive or otherwise unacceptable to other users and Public Record Office staff members.

(3)A public user must not behave in a manner that intentionally damages facilities provided by the Public Record Office.

(4)A public user must not access offensive material, including pornography, on any device while in the Reading Room.

(5)A public user must not behave in a manner that may damage any public record in the custody of the Public Record Office, including, but not limited to—

(a)leaning or writing on records; and

(b)marking records; and

(c)folding records anew; and

(d)tracing from records.

(6)A public user must not bring into the Reading Room any item—

(a)that may damage any public record in the custody of the Public Record Office, including, but not limited to, pens, food and drink; or

(b)within which a public record may be concealed, including, but not limited to, bags, containers, clipboards, folders and plastic sleeves; or

(c)reasonably capable of interfering with the preservation and security of any public record in the custody of the Public Record Office.

7Public user may be requested to leave premises

A public user who does not comply with regulation 6 may be requested to leave the premises of the Public Record Office.

8Fees for making copies of public records

The fee set out in Column 3 of Schedule 1 is payable for the service for making copies described in Column 2 of that Schedule.

9Fees for other services

(1)The fee set out in Column 3 of Schedule 2 is payable for the service described in Column 2 of that Schedule.

(2)A fee charged under this regulation is in addition to any fees incurred under regulation 8.

10Prescribed records—owner to lodge notice of possession

For the purposes of section 16(2) of the Public Records Act 1973, the form for a notice of possession is prescribed in Schedule 3.

SCHEDULE 1—FEES FOR MAKING COPIES OF PUBLIC RECORDS

Regulation 8

Column 1	Column 2	Column 3
Item	Description of service for making copies	Fee
1	Digital copying of documents—
(a)  map, plan, negative or other oversized single-page document	1·3 fee units per 16 pages (or part thereof)
(b)  standard-sized (A4) document	1·3 fee units per 50 pages (or part thereof)
2	Printing of digital copies	Surcharge of $5.00 per request

SCHEDULE 2—FEES FOR OTHER SERVICES

Regulation 9

Column 1	Column 2	Column 3
Item	Description of service	Fee
1	Provision of certificate under section 22(2) of the Public Records Act 1973	$5.00 per certificate

SCHEDULE 3—NOTICE OF POSSESSION OF A PRESCRIBED RECORD

Regulation 10

I, [name] of [address] state 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.

I can be contacted on [phone number] and [email address].

The record is [tick one]

o in my custody at [address]

onot in my custody and I believe that [name] of [address] ([phone number], [email]) has custody.

I acknowledge that I have read and understood any information provided to me by the Public Record Office about my obligations as the holder of a prescribed record under the Public Records Act 1973.

Signed:

Date:

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Public Records Regulations 2023, S.R. No. 117/2023 were made on 14 November 2023 by the Governor in Council under section 23 of the Public Records Act 1973, No. 8418/1973 and came into operation on 18 November 2023: regulation 3.

The Public Records Regulations 2023 will sunset 10 years after the day of making on 14 November 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Public Records Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 139/2013.

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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 2023 is $15.90. 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.