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Legal Procedure - Legal Records

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Section 1 - Purpose

(1) The purpose of this procedure is to outline procedures for the record management of legal advice provided by Legal Services.


(2) This procedure applies to all employees and organisational units of Charles Sturt University (the University).

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Section 2 - Policy

(3) This procedure is made under the Legal Policy.

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Section 3 - Procedure

Separate legal advice files to be created

(4) All correspondence and communications (including notes) relating to legal advice will be maintained in a separate confidential file for that matter in the University’s records management system with restricted access.

(5) To preserve confidentiality and legal privilege for oral and written communications relating to legal advice, employees must ensure that all correspondence, notes, documents and communications relating to the legal advice are marked "Strictly Confidential" or "Commercial in Confidence" or "Confidential and Subject to Legal Privilege" or similar wording.

(6) Where legal advice relates to a named individual (e.g. litigation), the file name must not include the name of the individual, or access to the file name should be restricted to approved persons, person to ensure the privacy of parties.

Legal advice to be kept separate, confidential and secure

(7) All employees should keep records and files relating to confidential and privileged legal advice confidential and segregated from other records and maintained in a secure place.

Employees to supply records and files on request

(8) Employees must make any records and files relating to legal advice immediately available on request from the Vice-Chancellor, or General Counsel.

Confidentiality not to be used artificially

(9) As a public institution, the University is subject to the Government Information (Public Access) Act 2009 No 52 and is committed to transparency and accountability in its activities. An employee will not seek to artificially make documents confidential for the purpose of avoiding the University's ordinary obligations of public accountability.

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Section 4 - Guidelines

(10) Legal Guidelines - Legal Professional Privilege.

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Section 5 - Glossary

(11) Refer to Legal Policy.