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Plan and draft a MOG or administrative change agreement

You will need to reach an agreement with all other agencies or organisations involved about how you will:

The agreement should be signed by representatives of all involved organisations–usually the Chief Executive Officer or delegate.

Each organisation’s legal team will need to be involved to ensure the agreement is correct, and all requirements are addressed.

Seek legal advice to clarify legislative implications, (particularly when provisions for the custody and transfer of records have not been documented in legislation.

Consider using the agreement checklist (PDF, 281 KB)  and the examples of recordkeeping related clauses (PDF, 190 KB). While these are not legal documents, they can be used as a basis to ensure you have included all requirements.

1. General recordkeeping considerations

Applies to all records involved in a MOG/administrative change.

The written agreement should detail the recordkeeping requirements and responsibilities of all parties involved.

The agreement should:

  • be constructed to ensure provisions apply in the future (if required) even if other MOG or administrative changes occur, particularly custody and ownership arrangements
  • include definitions of key words where necessary (e.g. public record, destruction)
  • include provisions to reduce any potential risks to records
  • detail each organisation’s recordkeeping roles and responsibilities for the records involved.

2. Transfer of records

Applies to all records being transferred temporarily or permanently to another agency or organisation.

You should agree on responsibilities for managing the transfer process.

The agreement should include details of:

  • which public records are to be transferred
  • the responsibility for costs–including for transferring physical records, storing records offsite, and migrating business systems and digital records
  • formats and media for transferring digital public records
  • timeframes and logistics
  • contractual issues (e.g. arrangements with external service providers for public records stored off-site)
  • records metadata that will also need to be transferred
  • any equipment that will be transferred with the records (e.g. specialised storage equipment, technology required to access or maintain the records).

Note: Permanent records shouldn't be loaned to a private entity, and records should never be loaned indefinitely.

3. Custody, ownership and responsibility for records

Applies to all records required by multiple agencies or organisations AND all records on loan to or in the custody of another agency, service provider or private entity.

You will need to include provisions for custody and ownership of and responsibility for records if they are:

  • not going to be in the custody of the agency legally responsible for the records
  • transferred or temporarily on loan to a private organisation or service provider.

The agreement should clearly state:

4. Legislative compliance

Applies to records on loan to or in the custody of another agency, service provider or private entity.

Your agency and any organisations with temporary custody of your records are required to comply with the Public Records Act 2002 and any Act administered by or that applies to your organisation.

Specify identified legislative requirements and responsibilities, including for:

Find out more about your legislative responsibilities under the Public Records Act 2002.

5. Delegation of recordkeeping responsibilities

Applies to records on loan to or in the custody of another agency, service provider or private entity.

Certain legal recordkeeping responsibilities can be delegated to another agency or private organisation with custody of public records.

Include details of who is responsible for:

Note: the public authority retains legal responsibility for these records.

6. Access and use of records

Applies to:

  • all records required by multiple agencies or organisations
  • all records on loan to or in the custody of another agency, service provider or private entity.

You need to control access to and use of your agency’s records.

The agreement should include:

  • arrangements to access records for monitoring or compliance purposes (if records are on loan)
  • details of access restrictions or permissions (this depends on records’ type and security classification, and whether or not it is part of the records’ metadata)
  • requirements to ensure continued access to records for their full retention period
  • any other access requirements and restrictions.

The agreement should also specify access arrangements for records required by multiple agencies. Include:

  • what records are required by which agencies
  • how access will be provided
  • any specific restrictions.

Find out more about providing access to records during MOG changes.

If you transfer records permanently to another public authority, ensure they are aware of access controls that may be in place. Consider providing them with a copy of your agency’s current access and information classification frameworks. This will help ensure the records are appropriately managed post-transfer.

7. Creation of records

Applies to service providers providing a function or activity on behalf of your agency.

You need to ensure that records documenting your agency’s functions are created and captured, even if the function is provided by another agency, service provider or private entity.

The agreement should include requirements for digital and physical records, such as:

  • what records need to be created, including when and how
  • what information needs to be captured about the function or activity
  • what level of control information or metadata needs to be created, kept and managed
  • which formats to use–consider suitability for when they are returned
  • any other requirements you may have identified.

Find out more about what records need to be kept (PDF, 250 KB), and creating and capturing records.

8. Security, storage and handling of records

Applies to records on loan to or in the custody of another agency, service provider or private entity.

Public records must be stored and handled in a way that ensures their security and preservation.

Your recordkeeping agreement should include:

  • a list of the range and type of records involved–from existing records to those that will be created (e.g. by a service provider)
  • specific storage requirements
  • specific format or software requirements for digital records
  • details of how to keep, manage and preserve records
  • requirements or restrictions on preserving, or migrating digital records
  • responsibilities for protecting and recovering records in the event of a disaster or other business interruption
  • privacy considerations
  • any specific risks to records, and how to reduce or manage them.

9. Disposal of records

Applies to records on loan to or in the custody of another agency, service provider or private entity.

It is unlawful for an organisation to dispose of public records that are on loan or temporarily in their custody without prior authorisation from your agency.

Your agreement should specify:

  • whether organisations with temporary custody of your agency’s records can destroy records or transfer them to QSA
  • if some or all records are to be returned to your agency, and when they should be returned
  • who can endorse the destruction of records–this may be the authorised delegate for your authority or the service provider
  • which retention and disposal schedule they need to use
  • the process and requirements for destroying records
  • restrictions on destroying or transferring records (e.g. certain types or classes)
  • if destruction can be carried out if a service provider is not in Queensland
  • if organisations can digitise and then dispose of physical source records.

10. Monitoring compliance with agreements

Applies to records on loan to or in the custody of another agency, service provider or private entity.

If records are on loan to a service provider or private entity, you need to ensure that:

  • your recordkeeping responsibilities are being met
  • the records are managed appropriately
  • the integrity of the records can be verified.

Include the following in your agreement:

  • provisions to ensure you have access to the required records when necessary
  • a process for monitoring compliance with recordkeeping requirements
  • how your authority will measure compliance with the recordkeeping requirements specified in the agreement
  • provisions for dispute resolution.

11. Completion of agreements

Applies to records on loan to a service provider or private entity.

You need to arrange the return of records on loan to or temporarily in the custody of another agency, service provider or private entity. This can either be when that entity no longer needs them or when the agreement is complete.

The agreement should include:

  • a provision stating that all public records created during its term are to be returned to your agency unless lawfully disposed of
  • when the records will be returned
  • arrangements for the regular or periodic return of records over the life of the agreement (long term agreements)
  • additional information, software or hardware that also needs to be returned (e.g. metadata and control records)
  • instructions for returning records (e.g. migrating digital records)
  • restrictions on the data or records that remain with the service provider, and when they can be deleted or destroyed.

Note: Some privatised entities and functions may revert back to the state in future. Consider the custody, ownership and responsibility issues that could arise if this happens and include provisions in the agreement.

12. More information

13. Resources and tools

Use the following resources and tools to draft an agreement.