Legal Information

6. Legal information

6.1 Owner (name and contact details)

This should be the name and full contact details of the owner, whether an institution or an individual.

6.2 Custodian (name and contact details if different from the owner)

This should be the name and full contact details of the custodian, whether an institution or an individual. Sometimes the custodian of the documentary heritage may not be the same as the owner. It is essential to establish both before a nomination can be added to the Register.

6.3 Legal status

This should state whether the documentary heritage is owned privately, or by a public institution, or by a commercial corporation. Details of legal and administrative powers for the preservation of the documentary heritage should be the name of the Act, or other instrument of administrative power, that gives the owner and/or the custodian the legal power to preserve the documentary heritage.

6.4 Accessibility

This should be a description of how the documentary heritage may be accessed. Where access has implications for custodians, these are respected. Legislative and other limitations on the accessibility of archives are recognised. Cultural sensitivities, including indigenous communities' custodianship of their materials, and their guardianship of access, will be honoured. All access restrictions should be explicitly stated on the nomination form. Private property rights are guaranteed in law.

There are three levels of access:

  • access to verify the significance, integrity and security of the material. This is the minimum condition for listing
  • access for reproduction, which is strongly encouraged
  • public access in physical, digital, or other form. This is also strongly encouraged, and in some instances may be required.

6.5 Copyright status

This should state whether the documentary heritage is subject to copyright. For items that are copyright, details should be provided on the relevant copyright legislation and copyright owner(s).

Any other factors affecting the legal status of the documentary heritage that should be noted? For example, is any institution required by law to preserve the documentary heritage in this nomination?

Submission Manual