There are several things that are worth asking or considering as a records manager (or equivalent) in a company that is using, or plans to use, SharePoint 2010. This can significantly affect how things occur. Governance If your organisation uses SharePoint there is a good chance you will have a qualified SharePoint Administrator in the … Continue reading Implementing SharePoint 2010 as a Document and Records Management System
Tag: admissibility
Integrity
Integrity is a key element in recordkeeping. According to AS ISO 15489, integrity of documents means that they are complete and unaltered. These words mirror s.11(3) of the Electronic Transactions Act 2000 (NSW) which notes that the integrity of information contained in a document is maintained if, and only if, the information has remained complete … Continue reading Integrity
Inferences
Inferences may also impact on questions relating to the authenticity of documents. s.183 (Inferences) of the Evidence Act 2005 (NSW) notes that if a question arises about a document or thing, the court may: (a) examine the document or thing, and (b) draw any reasonable inferences from it as well as from other matters from … Continue reading Inferences
Admissibility
Justice Bryon commented on the admitting in evidence of documents in NAB v Rusu. He said that: Documents are not ordinarily taken to prove themselves … Before a business record or any other document is admitted in evidence it is obviously necessary that there should be an evidentiary basis for finding that it is what … Continue reading Admissibility
Admitting documents as evidence
How do documents end up being admitted as evidence? In Australian jurisdictions that follow the Uniform Civil Procedure Rules, there is, usually: Two (or more) parties An order for discovery (UCPR 21.2) A list of documents that the parties produce (UCPR 21.3) The production and inspection of documents (UCPR 21.10, 21.11) The (eventual) admission of … Continue reading Admitting documents as evidence
Authenticity and reliability
Whether any document is accepted or admitted as evidence in court depends on a range of factors. Electronic documents are no different. Proof of the authenticity and reliability of documents may be influenced by a range of factors including: The accuracy of the process the systems used to create them The source of the information … Continue reading Authenticity and reliability