Archives (Discretionary Service Charges- Agency Digitisation) Determination 2016

Overview

The Archives (Discretionary Service Charges – Agency Digitisation) Determination 2016 was enacted to address the growing costs associated with the digitisation of records held by the National Archives of Australia (the Archives). Enacted under section 69A of the Archives Act 1983, the determination was made by the Director-General of the Archives and provides for charges on discretionary services provided to Commonwealth institutions. The policy objective is to ensure that access to digital copies of records can be provided efficiently and effectively, and to allow the Archives to meet the increasing costs of providing digitisation services in a sustainable manner. The determination does not require consultation as it is considered of minor or machinery nature and only applies to Commonwealth institutions. Furthermore, the Attorney-General’s Department has confirmed that a Regulatory Impact Statement is not necessary, and the charge is compatible with human rights. The determination came into effect on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Archives (Discretionary Service Charges – Agency Digitisation) Determination 2016 applies to Commonwealth institutions seeking discretionary digitisation services from the National Archives of Australia. These services are those that the Archives has the power to provide but are not mandated to do under the Archives Act 1983. The Determination establishes the rates for such services, which are necessary to cover the increasing costs associated with digitising records and to transition towards a more sustainable digital lending model. The charge rates vary based on whether the items to be digitised are considered fragile, with higher charges applied for items that require special handling due to factors such as age, paper type, and physical condition. This Determination operates within the Commonwealth jurisdiction and does not extend to state or territory entities, nor does it impose charges for services that the Archives is legally required to perform. The charge rates are set out in the Determination, which is a legislative instrument under the Legislation Act 2003 (Cth), and it commenced on the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The main sections of the Archives (Discretionary Service Charges – Agency Digitisation) Determination 2016 (the Determination) include the name of the instrument (Clause 1), the commencement date (Clause 2), the authority under which the instrument is made (Clause 3), definitions of key terms (Clause 4), and the charges for agency digitisation services (Clause 5). Clause 1 names the Determination as the Archives (Discretionary Service Charges – Agency Digitisation) Determination 2016, while Clause 2 specifies the commencement date as the day after its registration on the Federal Register of Legislative Instruments. Clause 3 states that the Determination is made under section 69A of the Archives Act 1983. Clause 4 introduces key definitions, particularly the concept of a 'fragile item', which affects the rate of charge applied in Clause 5. Finally, Clause 5 sets out the charges for discretionary services, including different rates for fragile and non-fragile items. The Determination imposes several obligations on the National Archives of Australia (the Archives) and Commonwealth institutions. The Archives must charge for discretionary services provided to Commonwealth institutions, as per section 69A of the Archives Act 1983. The charge must be based on whether the item is fragile or not, as defined in Clause 4. Commonwealth institutions, on the other hand, must pay the specified charges for the digitisation services they request from the Archives. Additionally, the Archives must ensure that the charges are used to cover the costs associated with providing the digitisation services efficiently and sustainably. There are no specific offences or penalties mentioned in the Determination itself. However, any breach of the charges or non-compliance with the Determination could potentially lead to civil or administrative consequences, such as disputes over the amount charged or the quality of service provided. The Determination does not specify maximum penalties for breaches, but these would likely be addressed under the general provisions of the Archives Act 1983 or other relevant legislation. The Determination aims to ensure that the Archives can sustainably provide digitisation services to Commonwealth institutions by charging for these discretionary services. By distinguishing between fragile and non-fragile items, the Determination allows for a more accurate reflection of the costs involved in providing these services. The charge is intended to cover the increasing costs for the Archives and to facilitate a move towards digital lending, ensuring that the service remains efficient and effective for both the Archives and the Commonwealth institutions.