Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696586000474.pdf (Vanuatu)
CODE OF PRACTICE ON RECORDS AND INFORMATION MANAGEMENT GOVERNMENT OF VANUATU A Government agency, relevant private entity or private entity must maintain its records in a manner which facilitates the right to information and in accordance with this Code of Practice under the Right to Information Act No.

13 of 2016.

This Code has been approved by the Right to Information Steering Committee.
GOVERNMENT OF VANUATU Contents Foreword ............................................................................................................................................... 2 Introduction .......................................................................................................................................... 5 1.
Aims of the Code ...................................................................................................................... 5 2 Scope of the Code ..................................................................................................................... 6 Part 1 : Records Management ............................................................................................................. 6 1.1 Records management policy .............................................................................................. 7 1.2 Managing information and records ................................................................................... 8 1.3 Records systems ................................................................................................................. 11 1.4 Storage and maintenance of records ............................................................................... 13 1.5 Security and access ............................................................................................................ 16 1.6 Disposal of Public Records ............................................................................................... 16 PART 2: Review and Transfer of Public Archives ......................................................................... 17 2.1 Archives Act CAP 216 : Deposit of Public Archives in National Archives ..................... 17 2.2 Deposit of Public Archives and Records of less than fifteen years of age ................. 18 2.3 Public Archives and Records not in the National Archives ......................................... 18 2.4 2.5 Return of Public Archives to Government Office.......................................................... 18 Public Archives and Records to be surrendered on demand ...................................... 19 2.6 Professional Development ................................................................................................ 19 References ........................................................................................................................................... 20 DRAFT CONSULTATION COPY 1 Foreword Introduction i.
The Code of Practice on Records and Information Management (‘the Code”) fulfils the duties of the RTI Unit in section 72 of the Right to Information Act No 13 of 2016.

This foreword provides background but does not form part of the Code itself.

ii.

The Code if in two parts.

In Part 1, the Code provides guidance to all relevant authorities to manage their records.
It sets out recommended good practice for the organisational arrangements, decisions and processes required for effective records and information management.

iii.

The Code also describes, in Part 2, the procedure to be followed for timely and effective review and transfer of public records to the National Archives of Vanuatu.

Importance of records management iv.

Right to Information legislation is only as good as the quality of the records and other information to which it provides access.
Access rights are of limited value if information cannot be found when requested or, when found, cannot be relied upon as authoritative.

Good records and information management benefits those requesting information because it provides some assurance that the information provided will be complete and reliable.

It benefits those holding the requested information because it enables them to locate and retrieve it easily within the statutory timescales or to explain why it is not held.
v. Records management is important for many other reasons.

Records and information are the lifeblood of any organisation.

They are the basis on which decisions are made, services provided and policies developed and communicated.
Effective management of records and other information brings the following additional benefits:    It supports an authority’s business and discharge of its functions, promotes business efficiency and underpins service delivery by ensuring that authoritative information about past activities can be retrieved, used and relied upon in current business; It supports compliance with other legislation which requires records and information to be kept, controlled and accessible, such as the Archives Act 13 of 1992, Deposit of Books Act 36 of 1974, Electronic Transactions Act 24 of 2000 and Health and Safety at Work Act No 24 of 1986; It improves accountability, enabling compliance with legislation and other rules and requirements to be demonstrated to those with a right to audit or otherwise investigate the organisation and its actions; DRAFT CONSULTATION COPY 2   It enables protection of the rights and interests of an authority, its staff and its stakeholders; It increases efficiency and cost-effectiveness by ensuring that records are disposed of when no longer needed.
This enables more effective use of resources, for example space within buildings and information systems, and saves staff time searching for information that may not be there;  It provides institutional memory.

vi.
Poor records and information management create risks for the authority, such as:  Poor decisions based on inaccurate or incomplete information;  Inconsistent or poor levels of service;  Financial or legal loss if information required as evidence is not available or cannot be relied upon;  Non-compliance with statutory or other regulatory requirements, or with standards that apply to the sector to which it belongs;  Failure to handle confidential information with an appropriate level of security and the possibility of unauthorised access or disposal taking place;  Failure to protect information that is vital to the continued functioning of the organisation, leading to inadequate business continuity planning;  Unnecessary costs caused by storing records and other information for longer than they are needed;  Staff time wasted searching for records;  Staff time wasted considering issues that have previously been addressed and resolved;  Loss of reputation as a result of all of the above, with damaging effects on public trust.
vii.

The Code is a supplement to the provisions in the Right to Information Act and its adoption will help authorities comply with their duties under the Right to Information Act.

Consequently, all relevant authorities are strongly encouraged to pay heed to the guidance in the Code.

viii.

Authorities should note that if they fail to comply with the Code, they may also fail to comply with Right to Information Act.
Role of the Right to Information Unit The Right to Information (RTI) Unit has the following functions:  To provide secretariat support to the Right to Information Steering Committee;  To serve as a central resource for Right to Information officers; DRAFT CONSULTATION COPY 3  To develop and monitor the National Implementation Plan;  To train Right to Information Officers and officers;  To engage with civil society to promote the use and understanding of the Act by the public;  To develop educational materials for officers and the general public;  To develop and execute public education activities suited to Vanuatu socio-economic context;  To develop a National Code of Practice on information and records management;  To establish and refine reporting and monitoring mechanisms between itself, Agencies or Entities and the Office of the Information Commissioner.
Role of Archivist of the National Archives Records are crucial to organisations, particularly in this information age.

Reliable information depends on good record keeping.

The Archivist shall be charged with care, custody, control and administration of the public archives in the National Archives and the public access to the National Archives and with performance of any other duties prescribed by the Archives Act.
The Archivist may from time to time delegate in writing any of his powers under this Act except the power of authorizing the destruction or disposal of public archives, to any public servant.
Subject to any general or special directions given or conditions attached by the Archivist, the public servant to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by a delegation: Every delegation under this section shall, until it is revoked, continue in force according to its tenor, notwithstanding the fact that the Archivist by whom it was made may have ceased to hold office, and shall continue to have effect as if made by his successor in office.
DRAFT CONSULTATION COPY 4 CODE OF PRACTICE Right to Information Act No.

13 of 2016, section 72 Guidance to relevant authorities on (a) The creation, keeping, management and disposal of records; and (b) The transfer of records to the National Archives.
The Right to Information Unit, having consulted all relevant interested parties, and on the recommendation of the Archivist appointed under section 5 of the Archives Act [CAP 216] , issues the following Code of Practice pursuant to section 72 of the Right to Information Act No.

13 of 2016.

Laid before the Right to Information Steering Committee on???????????

for approval to issue this Code.
Introduction Aims of the Code 1.1 The aims of the Code are:  To set out the practices which government agencies 1and relevant private entities should follow in relation to the creation, keeping, management and destruction of their records (Part 1 of the Code); and  To describe the arrangements which bodies responsible for public records should follow in reviewing public records and transferring them to The National Archives of Vanuatu (Part 2 of the Code) 1.2 Part 1 of the Code provides guidance to all government agencies and relevant private entities to manage their records.
It sets out recommended good practice for the organisational arrangements, decisions and processes required for effective records and information management.

1.3 Part 2 provides the procedure to be followed for timely and effective review and transfer of government records to the National Archives of Vanuatu.
1Government agency is defined in the RTI Act as an agency which includes the State, the Government, a Constitutional entity and any other Government agency that is prescribed by the Minister under subsection 2(4) of the RTI Act.

DRAFT CONSULTATION COPY 5 Scope of the Code The scope of the Code applies to all records irrespective of the technology used to create and store them or the type of information they contain.
It includes not only paper file series and digital records management systems but also business and information systems (for example case management, finance and geographical information systems) and the contents of websites.

Records include files, emails, memoranda, minutes, audio-visual materials, maps and any other documents that are created or received by the government officers in the course of their duties.

It also applies to all confidential and classified records.
The Code’s focus is on records and the systems that contain them, but the principles and recommended practice can be applied also to other information held by a government agency.

Part 1 : Records Management All Government of Vanuatu agencies and relevant private entities MUST have in place a records management policy, either as a separate policy or as part of a wider information or knowledge management policy.
The National Records and Information Management Policy must be consulted to develop a records management policy.

A copy can be obtained from www.rti.gov.vu.

Summary of good practice in creating, keeping, management and disposal of records and information management Good practice in records management is made up of some key elements.

The following list summarises the good practice in records and information management recommended by this Code.
1) Government authorities must have in their organisations a records management policy; 2) Government authorities should ensure information and records are well managed for their business, regulatory, legal and accountability purposes; 3) Government authorities must keep their records in systems that enable records to be stored and retrieved efficiently as necessary; 4) Government authorities should know what records they hold and where they are and should ensure that they remain usable for as long as they are required 5) Authorities should ensure that records are stored securely and that access to them is controlled; and 6) Authorities should define how long they need to keep particular records, should dispose of them when no longer needed and should be able to explain why records are no longer held.
DRAFT CONSULTATION COPY 6 1.1 Records management policy The policy must be endorsed by senior management, for example at Corporate or Board level, and should be readily available to staff at all levels.

The policy should identify a person at senior level who has overall strategic responsibility for records management.

The policy provides a mandate for the records and information management function and a framework for supporting standards, procedures and guidelines.
The precise contents will depend on the particular needs and culture of the government agency.
An effective policy on records management will:  Align with the agency’s environment, strategic direction, policy framework, and recordkeeping programme;  Reflect current business and legislative needs;  Be endorsed and actively supported and resourced by the senior executive;  Be implemented and communicated regularly across the whole agency;  Cover all systems that contain records;  Cover all practices associated with records;  Be linked to related business policies and programmes;  Be supported by sets of procedures, guidance and tools for records management;  Enable compliance assessment to be monitored; and  Be assessed regularly.
Having a policy on records management provides number of key benefits:  communicates to all government agency staff an agency’s commitment to records management, and staff recordkeeping responsibilities;  provides the directive to ensure that the evidentiary, accountability and regulatory requirements of the agency are met;  promotes a corporate culture of good recordkeeping practice;  increases the probability of agency staff complying with good recordkeeping practice;  decreases the level of risk associated with recordkeeping practices;  enhances efficiency of business processes, practices and service delivery; and  encourages ethical behaviour.
Government agencies should consider publishing the policy so that members of the public can see the basis on which it manages its records.
DRAFT CONSULTATION COPY 7 1.2 Managing information and records Types of information Under section 3 of the Right to Information Act No 13 of 2016 records means information held in in any form or medium by a Government agency, relevant private entity or private entity, whether or not it was created by any of them or came into existence before the commencement of the Right to information Act No 13 of 2016, and includes: a) a record in writing; or b) a document, manuscript and file; or c) a film (including microfilm), negative, microfiche and facsimile copy of a document; or d) a map, plan, graph or drawing; or e) a photograph; or f) a disc, tape, sound track or other device in which sounds or other data are embodied, whether electronically or otherwise, so as to be capable (with or without the aid of some other equipment) of being reproduced; or g) an email, memo, opinion, advice, press releases, circular, order, logbook, contract, report, samples and models.
Digital information and records If you have created information using your computer then you have created a digital record and it needs to be managed.
The main types of digital information and records are found as:  office applications such as word-processed documents , spread-sheets, presentations and desktop-published documents  online and web-based environments such as intranets, internets, public websites, and records of transactions  business information systems such as databases, geospatial data systems, human resources systems, financial systems, workflow systems, client management systems, electronic document and records management systems (EDRMS).
 digital communication systems such as email, SMS (short messaging services), MMS (multimedia messaging services), voice mail, instant messaging, video conferencing and teleconferencing.

Check your agency’s information and records management policy for instruction on how to manage this type of information.

Email You use email every day and email is considered to be the largest body of digital records coming into and being sent from your agency each day.
Managing email is a part of your agency’s information and records management strategy.

DRAFT CONSULTATION COPY 8 Social media Social media is another type of record.

This communication tool uses the web to enable people to work together and interact online.

Your agency uses technologies as part of their business and needs to manage the information and records these interactions create.

A social media policy needs to be developed to manage this type of digital information and records.
Mobile devices Mobile devices, such as smart phones and tablets, are used by agencies as a means of communication.

It is important that any key records of discussions, deliberations and decision making is captured from these devices.

We offer advice on how to manage this information Physical information and records Physical information and records come in many different formats and they also need to be managed.
They are usually in a non-digital format and range from paper records, artworks, photographs, maps and plans, samples and objects, CDs and DVDs, magnetic data and discs.

Each of these formats has different properties and need to be managed.

Find out about the processes for digitising and managing non-digital or physical records.
Creating information and records Information is created every time someone in your agency writes an email, drafts a brief, writes a report or records minutes, adds data to a spread sheet, makes a film or sound recording or takes a photo.

This information is created as part of a specific business process, and needs to be managed so that it can be searched, shared, reused and repurposed, and increasing its value to your agency.
It needs to contain specific information to make them complete, accurate and reliable.

The information needs to reflect:  what happened, the order of events  what was decided or recommended  what advice or instruction was given  when it happened and who was involved When should I create an information or record?
Knowing when to save and manage your business information and records involves understanding your business and the risks association with what you do:  knowing the requirements of legislation and your agency’s business including its policies, procedures and directives  using work process analysis to identify what records are needed to document business or work processes DRAFT CONSULTATION COPY 9  assessing the risks associated with not creating a record or an action or event Capturing information An essential part of managing your agency’s business information and records is to capture it into systems that manage and support its use over time.
In some instances ‘capturing’ will be as simple as saving the information into your agencies records management system, such as an EDRMS.

Sometimes the capture process will be more complex and involve digitising, migrating or encapsulating information to support its use, management and preservation.

Capture should be easy Make the capture process easy for all staff.

This should reduce the risk of information and records not being captured.
Where possible:  automate the process   provide clear, precise instructions and support integrate capture into normal business processes Staff should know where to capture their information.

Business information and records should not be kept on personal drives or group work spaces.
Approved locations may include: electronic document and records management systems (EDRMS)   business systems and databases specific to your agency’s business  administration systems for finance and human resources management  paper registry files Scanning incoming paper Many government agencies still receive business information as paper documents, such as handwritten correspondence, typewritten material, completed forms or signed documents.
Most of these documents can be scanned and digitally captured in an approved records management system.
Things to consider for scanning incoming paper: identify what paper is being received   what business process is linked to or reliant on the paper  decide if scanning the paper will improve the business process by making it faster, more efficient, less resource intensive the costs and risks of maintaining the paper document compare the costs and risks with the likely benefits   DRAFT CONSULTATION COPY 10 Describing information Describing information and records allows users to understand what they are, where they came from, what has happened to them and the relationships they have with other information assets.
The more effective the description then the more likely the right information can be found quickly and reused, shared and managed.
Describing information allows users to: identify individual information objects   differentiate one information object from another   bring similar objects or items together search for information they have created and saved Describing information makes it possible for future users to: find the information when they need it   understand why it was created, by whom and when  determine the controls under which it can be used We can describe individual items and objects like a single document, a photograph, a film or an audio recording.
We can also describe aggregations of information like data sets, records files, collections of pictures, or an individual’s collection.

This descriptive information is called metadata.
The most useful and relevant descriptive metadata for information and records management includes the use of: relevant and meaningful titles  consistent and uniformly-applied business classification   agreed and universally applied vocabularies and thesauruses 1.3 Records systems Section 72 (3) of the Right to Information Act 13 of 2016 requires that a government agency or relevant private entity must, within a reasonable time, cause as many records as possible to be digitized and made available through a country-wide network.
Systems that Manage information Government agencies should have business systems that create and manage digital information and records, and can capture information about records.

Your agency’s information system should meet the business needs of the agency and allows information and records to be created and managed digitally.
Examples of systems include:  business systems that create, keep and manage business information, such as finance systems, personnel systems, workflow systems electronic document and records management systems   network drives DRAFT CONSULTATION COPY 11  physical management systems  shared systems between government agencies Any systems that manage information and records need to ensure that contents: can be proven to be genuine, accurate and trusted   are complete and unaltered  are findable and readable  are secure from unauthorised access, alteration and deletion  relate to other relevant records Electronic Document and Records Management System (EDRMS) An electronic document and records management system or EDRMS is an automated software application designed to assist you with the creation, management, use, storage and disposal of information and records.
An EDRMS is a software application that manages a range of digital information, including word-processed documents, spread sheets, emails, images and scanned documents.

An EDRMS can combine both document management and records management functionality.

EDRMS especially the records management focuses on managing information over time for the purposes of evidence, meeting agency business needs, adhering to legislative and governance requirements, and ensuring ongoing authenticity.
A government agency must ensure the following functions when selecting an EDRMS for the agency.
Create Capture Describe Secure Retrieve Access and use EDRMS Functions  Create and collaborate on new documents within the system  Capture records in a central store for easy search and  retrieval Integrate with common desktop applications (for example, email systems)  Link related records  Apply approved terms to record titles and names to assist retrieval  Capture and maintain other contextual information (metadata) (for example, creator and date created)  Give records unique identifiers on capture  Apply security classifications and sensitivity markings  Protect the integrity of information by being able to finalise the authoritative version of the record  Search for information by keyword, record number, creator and other searches  Retrieve stored documents  Restrict retrieval to ‘read only’ copies when needed  Work on or edit documents until they are finalised DRAFT CONSULTATION COPY 12 Keep, destroy or transfer  Share documents and information to enable collaborative work  Receive and action documents in workflow processes  Apply version control  Apply controls to restrict access  Limit deletion permission  Capture metadata about deletion  Apply retention periods from records authorities issued by the National Archives of Vanuatu 1.4 Storage and maintenance of records Storing information Deciding how to store your information will affect how easily information can be found, used and managed over time.
Determining how best to store your information depends on: the format, either digital or physical security requirements    how long information needs to be kept  how often information will be accessed  the value of the information compared to the cost of storage solutions Effective, cost efficient storage allows your agency to manage your information in its appropriate format for as long as it is required.

Digital storage For digital information a range of sophisticated technologies can be used.
Electronic storage can save space and costs, but digital information may be more susceptible to inappropriate access.

How can digital information be stored?

There are a number of ways in which digital information can be stored, including:  Government local network-salmon, digital records can be saved onto the government agency’s local server.

 On an Electronic Document Management System (EDRMS) that is approved for use by OGCIO.
 On removable media such as magnetic tapes, CDs, DVDs, memory cards, flash drives (USB sticks).

These 'offline' storage devices are not usually directly accessible.

 Online using Cloud or other online data storage resources available and approved by OGCIO.
DRAFT CONSULTATION COPY 13 When digital information includes high risk or archival value records, you need to ensure that the storage used will most effectively keep the information authentic, reliable, discoverable, accessible, usable, protected and preserved for as long as needed.

In particular, there are risks with using removable media.
Not only is there a risk that the media itself may have a relatively short life or its existence be forgotten over time, but the resources required to ensure its continuing survival are considerable.

Removable media are often overlooked when systems are upgraded and digital records migrated to new formats.
What to consider when storing digital information Conduct regular integrity checks Integrity checks, for example using checksum, are important to ensure that there has been no inadvertent change, deterioration or data loss.

This should be a routine part of testing your business continuity plan.
Store devices in appropriate conditions When storing digital records over time, public officials must ensure that the storage devices and the facilities housing them will appropriately protect the records and make the records accessible.

Digital storage devices are susceptible to dust and fluctuations in humidity, temperature and radiation, and it is important to ensure that stable environmental conditions are maintained.
Refresh storage devices Computer hardware and digital storage media can become obsolete rapidly.

Software changes may also require format conversion to ensure that information remains accessible.

It is imperative to continuously monitor digital records and refresh them as needed.

Deterioration of digital storage devices does not become obvious until the point of data loss, by which time it can be too late to salvage records.

A regular back-up strategy can mitigate this risk.


When storage devices are replaced or upgraded, check that records that need to be refreshed or migrated are all included.

It is also an excellent opportunity to dispose of information that is due for disposal in accordance with a relevant records agency.

DRAFT CONSULTATION COPY 14 Storing Physical Records The physical records you create and capture as part of your agency's business will need to be stored.
Where and how will depend on: their format – for example, whether they are paper, film, or photographs   how long the records need to be kept  how often they will be accessed.

Storing records in appropriate environmental conditions will prevent deterioration and is a central factor in ensuring their long-term access.

Records that are sentenced 'retain as national archives' under a government agency may then be transferred to the National Archives.
Once this occurs the government agency is no longer responsible for the storage of those records.

A government agency must consider the following principles when considering storage for its records.
PRINCIPLES FOR STORAGE Location Sites, facilities and areas for records storage should be located away from known hazards and be convenient to user needs Environmental control Records should be stored in environmental conditions that are appropriate to their format and retention period Shelving and packaging The shelving, equipment and containers for records storage should ensure that records are secure, accessible and protected from deterioration for as long as they are required Maintenance and security Records storage facilities, areas and records should be maintained to safeguard their security, condition and accessibility Protection from disaster Disaster management programs should be established and maintained to ensure that risks to records are minimised and managed appropriately Careful handling The retrieval and use of records in storage areas should be subject to controls that prevent damage and deterioration Accessibility Records should be stored and controlled in facilities where they can be identified, located and retrieved easily DRAFT CONSULTATION COPY 15 1.5 Security and access Accessing information Agencies need to be able to find and use their information, in all formats and in all locations, to support business activities.
Making information easy to find and use will have a significant impact on the efficiency of each government agency.

One of the Digital Continuity Principles is to ensure that digital information is discoverable, accessible and usable.

This is important for business and legislative reasons.

Information and records held in Vanuatu Government agencies are subject to the provisions of the Archives Act No.

13 of 1992 and the Right to Information Act 2016.


Protecting information Information security is an important issue for the Government of Vanuatu, particularly with our increased reliance on technology to do business.
Agencies need to ensure that the information and records they create are secured so they cannot be: tampered with or inappropriately altered  inappropriately deleted or misplaced   accessed by unauthorised personnel Keeping records secure in government agency may involve a combination of systems and processes to ensure that these requirements are met.
For example:  applying controls which limit access to authorised personnel  monitor security breaches,  using passwords and passphrases for authentication In establishing procedures and strategies to protect your information, be careful to ensure that security and authentication mechanisms do not inadvertently make digital records inaccessible in the long term.

This is particularly important for records of archival or long term business value.
Taking a risk based approach to managing your information reduces the possibility of overly restrictive controls.

Staff should capture unrestricted records into designated records management systems, with authorised users then applying relevant access controls.

1.6 Disposal of Public Records Regular authorised disposal will reduce the costs of storing and managing information and records no longer required for business or other purposes.
DRAFT CONSULTATION COPY 16 No person shall destroy or otherwise dispose of, or authorize the destruction or other disposal of, any public archives of any kind whatsoever that are in his possession or under his control, except with the consent of the Archivist given in accordance with the provisions of the Archives Act No.

13 of 1992.
13 of 1992.

Before authorizing the destruction of any public archives or any class of public archives, the Archivist may, if he thinks fit, consult with any person whom the Archivist considers qualified to advise him as to the value of any such public archives for permanent preservation.
The Archivist may authorize the immediate destruction, or the destruction after the expiration of such specified time as may be agreed upon between the Archivist and the head of the Government office concerned, of any specified classes of public archives that - (a) by reason of their number, kind or routine nature do not in his opinion possess any enduring value for preservation in the National Archives as public archives; and (b) are not required for reference purposes in any Government office after action on them is completed, or after the expiration of such period of years from the date on which action on them is completed as may be agreed upon between the Archivist and the head of the Government office concerned.
All disposals of records must be documented by the National Archives of Vanuatu.
PART 2: Review and Transfer of Public Archives 2.1 Archives Act CAP 216 : Deposit of Public Archives in National Archives All public archives of the age of fifteen years or over (other than those which under any Act are required to be held in the custody of a specified person or Government office) which in the opinion of the Archivist are of sufficient value to warrant their preservation as - (a) evidence of the organization, functions and transactions of the Government office in which they were originally made or received; or (b) evidence of public or private personal or property rights or civic rights; or (c) containing historical or general information, Shall be transferred to the custody of the Archivist and be deposited in the National Archives.
Where the Archivist is satisfied that the deposit in the National Archives of any particular public archives of the age of fifteen years or over would unduly prejudice the effective administration of any Government office, he shall defer the deposit of that public archives DRAFT CONSULTATION COPY 17 for such period as may be agreed upon between the Archivist and the head of the Government office affected.
Where the head of the Government office having the possession or control of any public archives satisfies the Archivist that by reason of its secret or confidential nature it would not be in the public interest immediately to deposit that archives in the National Archives, the Archivist shall from time to time defer the deposit of that public archives for such period as may be agreed upon between that head of the Government office and the Archivist.
Where the Minister in charge of any Government office certifies that in his opinion any specified archives or specified class of public archives in the custody or control of the Government office contains information the release of which may adversely affect the security of Vanuatu or relations between the Government of Vanuatu and the government of any other country, the deposit in the National Archives of that public archives or of public archives of that class shall be deferred for such period or shall be made subject to such conditions as to access or otherwise as that Minister from time to time directs.
2.2 Deposit of Public Archives and Records of less than fifteen years of age The Archivist may allow the deposit in the National Archives of public archives of less than fifteen years of age if he considers that they are of sufficient value for deposit.
This may be subject to any special conditions imposed by the head of the Government office making the deposit 2.3 Public Archives and Records not in the National Archives The Archivist may from time to time inspect, any public records or public archives that are for the time being in the possession or under the control of any Government office and give such instructions as to their safe preservation and such advice as to their efficient and economical administration and management as he considers necessary.
2.4 Return of Public Archives to Government Office Where the head of the Government office by which any public archives was deposited in the National Archives or the head of the successor of that Government office, satisfies the Archivist that the public archives is required for use in that Government office, the Archivist shall return the public archives to the custody of that Government office for such period as may be agreed upon between the Archivist and the head of that Government office, and subject to such conditions as the Archivist may impose to ensure the safe custody and preservation of that public archives during the time it is kept in that Government office.
DRAFT CONSULTATION COPY 18 2.5 Public Archives and Records to be surrendered on demand Where any public archives or public record (being an archives or a record that is the property of the Government) is in the custody or possession of any person, other than a Government Office, a public officer or other person authorized to have such custody or possession in his official capacity (whether it came into his possession before or after the commencement of the Archives Act), and the original of that public archives or public record is not in the possession of any Government office or deposited in the National Archives, that person shall, on demand in writing by the Archivist, deposit that public archives or public record in the National Archives.
2.6 Professional Development The development of professional capacity for government agencies, relevant private entities and private entities in RIM is essential to ensuring the government has an efficient and well managed records and information management system.

Access to appropriate training and other professional opportunities will be provided for records officers in their carriers.

DRAFT CONSULTATION COPY 19 References Archives Act No.
13 of 1992 New South Wales Government: State Archives and Records (https://www.records.nsw.gov.au/ ) Right to Information Act No.

13 of 2016 Scottish Ministers’ Code of Practice on Records Management by Scottish Public Authorities under Freedom of Information (Scotland) Act 2002.

16 December 2011 DRAFT CONSULTATION COPY 20