Legal Admissibility
Legal opinion notes that electronic documents (whether they are scanned copies of paper documents or original 'native' files) are very likely to be admissible in court. Typically, they will have the same evidential weight as original paper documents. However, it may be necessary to prove the authenticity of the electronic document. The Commonwealth Evidence Act 1995 defines best practice by which a company may demonstrate at any time, that the contents of a specific data file created or existing within a computer system have not changed since the time of storage (i.e. when the file is 'frozen'), and that where a data file contains a digitised image of the physical source document, the image is a true reproduction of that source document. The issue being addressed is essentially one of authentication.


Document and Records Retention
Records need to be retained not only for the purposes of business use, but also to meet legal and regulatory obligations.
The State Records Act 1998 requires companies to keep records for a minimum period sufficient to give a full and accurate view of the state of the company's affairs and to explain its transactions. It also requires adequate precautions be taken to ensure the safe custody and proper preservation of records.


Data Protection
The invasion of privacy, including the misuse of personal information, is unlawful under various state and federal laws which govern both the State of NSW and the whole of Australia. In NSW, there are three main laws that protect the privacy of individuals.

1. The Federal Privacy Act 1988 - covers the collection, use and disclosure, quality and security of personal information. As well as providing principles to govern these areas, the Act provides a framework for complaints about breach of privacy, and defines the role of the Federal Privacy Commissioner.
2. Privacy and Personal Information Protection Act 1998 (NSW) - deals with how all NSW public sector agencies manage personal information. The Act includes 12 information protection principles (IPPs), establishes methods for enforcement of privacy, establishes a mechanism for complaints if you think that your personal information has been mishandled, and sets out the role of the NSW Privacy Commissioner.
3. Health Records and Information Privacy Act 2002 (NSW) - governs the handling of health information in both the public and private sectors in NSW. This includes hospitals whether public or private, doctors, and other health care organisations. It also includes other organisations that have any type of health information. The Act contains 15 health privacy principles (HPPs) outlining how health information must be collected, stored, used and disclosed.

A secure imaging system can help with the compliance of personal and confidential data as it reduces the opportunity for theft or accidental loss. It can also facilitate the execution of requests for such data are easily met within a short time frame.


Freedom of Information Act
The Freedom Of Information Act 1989 ensures that any person requesting information from a public body will receive that information, subject to certain exemptions, in a timley manner. The Act encourages public authorities to be more open and accountable, and to organise their information in an efficient and accessible way.



Whilst every effort has been made to provide clear and accurate information it can not be relied upon and Branca Micrographics does not accept any liability for any loss or damage caused, arising directly or indirectly in connection with the contents of this website. Please seek legal advice for a professional opinion regarding your circumstances.



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