Electronic documents, written information and records
Requirements for sending, giving and storing electronic documents and records
Under Commonwealth law, you may be required or permitted to:
- send written information to someone
- give a physical document to another person
- store a record for a period of time.
The Electronic Transactions Act 1999 (ETA) allows for these tasks to be done using electronic methods or communications so long as certain criteria are met.
These criteria are generally meant to ensure that information should be accessible again in the future, and that documents and records are secure from being easily altered – the same way they would generally be if sent, given or stored in paper.
Sending electronic written information
The ETA allows information to be sent and received electronically instead of on paper, so long as it can be reopened and read again.
The ETA does not require any specific method that needs to be used, giving people the freedom to choose the technology that works best for them. It should just be reasonable to expect that the method will work when the communication is sent.
Example: A Commonwealth law says Henry needs to send important information to Lucy. Since emails could be expected to be reopenable, the ETA would let Henry email the information to Lucy.
Giving electronic documents to another person
The ETA says that documents can be given electronically instead of on paper as long as:
- the document can be reopened and read again
- the method used to make the document reliably prevents it from being altered (other than with certain immaterial changes).
The ETA does not set any specific method that needs to be used, giving people the freedom to choose the technology that works best for them.
The method should just be as reliable as appropriate in the circumstances, and it should be reasonable to expect that it will work when the communication is sent.
Example: Courtney needs to submit a physical document as required by a Commonwealth law. The PDF system she uses may have reliable features which will make it hard to alter a completed document. It could also be expected that the emailed PDF could be reopened and read again. Therefore, Courtney could email a PDF to lodge the document.
Storing electronic records
The ETA says that anyone can store written information, documents and records of past communications electronically instead of in physical form, like on a computer, hard drive or database, so long as:
- they can be reopened and read again
- the method used to make a document or recorded communication reliably prevents it from being altered (other than with certain immaterial changes)
In some cases, the record should also include key details to help identify the information. For example, stored electronic communications should include the time that the communication was sent.
The ETA does not set any specific method that needs to be used, giving people the freedom to choose the technology that works best for them.
The method should generally be as reliable as appropriate in the circumstances. It should also be reasonable to expect that it will work when the record is stored.
Example: Adam is a private citizen who needs to store data for 3 years as required by a Commonwealth law. It could be expected that a document saved on a computer hard drive could be reopened and read again. Also, the PDF system he uses may have reliable features which will make it hard to alter a completed document. Therefore, Adam could record this data as a PDF on his hard drive.
Other requirements
Choice and consent requirements
In some circumstances, the ETA gives people choice about whether to accept information electronically.
If you are sending a document or written information to someone who is not a Commonwealth government entity, like a private individual or business, you might need their consent for you to give this information or document electronically.
This consent does not always need to be explicitly given; it can be inferred or indicated from previous situations.
For example, if a person or organisation has emailed a notice to you, or has given you their email address for the purpose of email communications, you might be able to infer that you have their consent to email them a legally-required notice.
If you are unsure, contact the other organisation or person to see if they accept electronic documents or information. If still in doubt, or if the question is important to you, you should seek assistance or legal advice.
Learn more about the consent provisions and when they apply.
Commonwealth entity requirements
Commonwealth entities can set Information Technology (IT), verification or other requirements for documents, records and notices under their legislation.
For example, a Government agency might require the use of a particular electronic communications platform, or format, or data storage device.
Contact the agency or representative you are dealing with if you have any questions about their preferences or requirements.
Exemptions
The ETA covers most basic electronic processes under Commonwealth law – however, there can be exemptions.
Find out more about exemptions to the ETA, including where to find ETA exemptions.
You should check with the relevant organisation or department to see if they accept electronic processes when the ETA is exempted.
If in doubt, or if the question is important to you, you should seek legal advice.
More detailed information
This page contains guidance and summary information, and not comprehensive legal advice.
If you require more detailed information, you should review the ETA or seek legal advice.