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  1. Government Recordkeeping
  2. Rules
  3. Retention & Disposal Authorities
  4. General retention and disposal authorities
  5. Local government records (GA39)
  6. Part 2: The General retention and disposal authority (GA39)
  7. LEGAL SERVICES (GA39)
LEGAL SERVICES (GA39)

TOC

The function of providing legal services to the organisation. Includes in-house services and external providers.

See CORPORATE MANAGEMENT for records relating to agreements, contracting-out, legislation, meetings, policy, reviewing and tendering relating to legal services.

 ADVICE

The activities associated with offering opinions by or to the organisation as to an action or judgement. Includes the process of advising.

No Description of records Disposal action
20.1.1 Records relating to legal advice regarding:

  • interpretations of legislation and regulations administered by the organisation
  • proposals for new or amended legislation for the organisation
  • industrial issues involving the organisation
  • matters which are precedent setting in nature
  • matters resulting in significant changes to the organisation's policies.
 Required as State archives
20.1.2 Records relating to legal advice from internal or external legal service providers, that does not relate to:

  • interpretations of legislation and regulations administered by the organisation
  • proposals for new or amended legislation for the organisation
  • industrial issues involving the organisation
  • matters which are precedent setting in nature
  • matters resulting in significant changes to the organisation's policies.
 Retain minimum of 15 years after action completed, then destroy

 COMPLIANCE

The activities associated with complying with mandatory or optional accountability, legal, regulatory or quality standards or requirements to which the organisation is subject. Includes compliance with legislation and with national and international standards.

See CORPORATE MANAGEMENT - Compliance for records relating to compliance with mandatory or optional standards.

See INFORMATION MANAGEMENT - Compliance for records relating to compliance with mandatory or optional standards regarding information management.

See LEGAL SERVICES - Litigation for records relating to prosecution of the organisation for breaches of compliance requirements.

See PERSONNEL - Compliance for records relating to breaches of occupational health and safety standards.

See PROPERTY MANAGEMENT (COUNCIL PROPERTY) - Compliance for records relating to breaches of property management standards.

No Description of records Disposal action
20.2.1 Records relating to serious breaches or failures of the organisation to meet compliance requirements. Records include correspondence and reports. Required as State archives
20.2.2 Records relating to minor breaches or failures to meet compliance requirements. Retain minimum of 7 years after action completed, then destroy

 LITIGATION

The activities involved in managing lawsuits or legal proceedings between the organisation and other parties in a court or other tribunal.

No Description of records Disposal action
20.3.1 Records relating to issues, claims or case matters which are precedent setting in nature, or result in significant changes to the organisation's policies.
Records include:

  • briefs for counsel
  • copies of documents required by or lodged with a court
  • subpoenas and discovery orders.
 Required as State archives
20.3.2 Records relating to issues, claims or case matters which:

  • are not precedent setting in nature, or
  • do not result in significant changes to the organisation's policies.

Records include subpoenas and discovery orders.

 Retain minimum of 7 years after action completed, then destroy
20.3.3 Records relating to the management of subpoenas and discovery orders where the organisation is not a party to the proceedings. Includes detailed lists and copies of records found. Retain minimum of 2 years after action completed, then destroy

 REVIEWING

See CORPORATE MANAGEMENT - Legislation for records relating to reviews of legislation and local laws relevant to the organisation.

See GOVERNMENT RELATIONS - Submissions for records relating to reviews of legislation and local laws not specific to the organisation.