Public Records Act 1973

Summary

The PRA (No. 8418/1973, current version 043, effective 26 Feb 2025) establishes Public Record Office Victoria (PROV) and sets the legal obligation for government agencies to create, maintain, and dispose of public records in accordance with PROV standards. The Act defines "public record" (s2) as any record made or received by a public officer in the course of their duties — this encompasses all procurement records.

Key Provisions

• s12 — Duty to keep records: Public officers must make and keep full and accurate records of their business. This applies to all procurement and contract management activity — every significant decision, evaluation, approval, and communication must be recorded
• s13 — Prohibition on unauthorised disposal: No disposal of public records without PROV authorisation. Procurement records have specific retention periods under PROV disposal schedules
• Part III — Keeper of Public Records: PROV sets standards that agencies must comply with, including records management standards and disposal schedules for different record classes

Relevance to Procurement and Contract Management

• All procurement documentation (evaluation reports, probity records, approvals, contracts, variations, correspondence) are public records under s2
• Long-term contracts (especially PPPs running 20–30+ years) require records to be maintained for the full contract lifecycle and potentially beyond
• Records retention interacts with FOI — FOI Act s6(1) provides that FOI does not override Public Records Act obligations
• Contract managers must ensure recordkeeping systems capture the full audit trail of decisions, approvals, and variations
• Typical retention periods: tender documentation 7 years after contract expiry; contract documents 10 years; major projects may require permanent retention

Interaction with FOI and Privacy

The PV Contract Management Guide Appendix E identifies the three-way interaction: - FOI Act — right of access to records, subject to exemptions - Privacy and Data Protection Act — limits on collection/use/disclosure of personal information - Public Records Act — obligation to create and retain records

The PRA can override privacy-based disposal preferences — agencies cannot destroy records to avoid FOI requests.

Cross-References

Referenced explicitly in: - PV Contract Management Guide (Ch 7, Appendix E) - PROV Records Management Standards framework