The question is better defined as:

Can a scanned document be used as evidence in court should a dispute arise? 

Currently all documents that are scanned are classed as copies of the original and in the case that the original was destroyed the copy is the next best thing.

The court system would then determine if the copy was made in a controlled, repeatable process (i.e isn’t likely to have been forged). The court would probably determine this by how many of your documents are scanned, who scanned them, is there likely to have been any tampering with the document once scanned.

The Data Vault addresses a lot of these concerns by:

• Maintaining logs of when particular documents were scanned.
• Not allowing any scanned documents to be replaced (new versions can be submitted but original documents are always kept).
• Uses a standard procedure for scanning the documents (See the Scanning Process)
• Uses Ultrasonic detection to make sure pages are not missed.
• Being a third party (therefore having no reason to alter documents).

For further reading try the following:

The reciept of evidence by Queensland Courts: Electronic Records
http://www.qlrc.qld.gov.au/wpapers/wp52.htm#b6

Which contains:

4. REPRODUCTIONS OF BUSINESS DOCUMENTS

Section 106 of the Evidence Act 1977 (Qld) provides that a copy of a business document will be admissible as evidence where it can be shown that it is a reproduction made in good faith and that the original document has been lost or destroyed, or that it is not reasonably practicable to produce the original document.

This can be shown, inter alia, by the production of an affidavit by the person who destroyed the document or who has unsuccessfully searched for the document. From this it can be seen that the party wishing to tender the evidence must still explain the absence of the original, as required by the secondary evidence rule. However, the explanation is given by affidavit, rather than by oral testimony.

...

If a copy of a document fulfils the requirements of section 106 of the Evidence Act 1977 (Qld), it may be used in evidence in the same way as the original document might have been used. This means that the original document must not infringe the other rules of evidence, such as the hearsay rule.

To prove that the copy fulfils the requirements, an affidavit must be made by the person who made the copy, at about the time the copy was made. This affidavit must contain a number of particulars including an indication of when the copy was made and a description of the process of copying. The affidavit should also state that the copying process was carried out properly and that the machine copy was made in good faith. This process is facilitated, in some measure, if the copy was made by an ‘approved machine’ under section 107 of the Evidence Act 1977 (Qld), although an affidavit or some other form of proof is still required from the person who copied the original document, attesting to such things as the legibility of the original document.

Electronic Records as Evidence
http://www.prov.vic.gov.au/publications/publns/PROVRMadvice8.pdf

Which contains:

Documenting scanning processes
A scanned copy might be more likely to be admitted as evidence or given appropriate weight where the process of scanning is properly documented. Taking as a guide the provisions in the Evidence Act regarding the copying or microfilming of records, such documentation of the process might include the following:

• The name, business address and occupation of the person doing the scanning
• The identity or description of the documents (if the documents are being scanned by file, a description of the file (ie subject, file number) may be appropriate), where they came from and their condition (ie damaged etc)
  The identify of the object/medium (disc etc) onto which the scanned documents are stored
• The day of the scanning
• Stating (or noting, by a tick in a column or the like) that the scanning was done in the ordinary course of business by the use of apparatus in good working order with the object of reproducing the document
• A signature by the person scanning the documents attesting that the above information is true and correct in every particular. That signature should be dated.

All of this information could be included in various columns of a log book. Further, there may need to be a mechanism whereby the continued integrity of the scanned form can be established. This could be by storing the scanned form in a medium or by a method so that the scanned form cannot be altered or by maintaining detailed (and automated) audit logs.

OZNet Law - Keeping Electronic Records
http://www.oznetlaw.net/facts.asp?action=content&categoryid=228

A document produced by a device or process is presumed to be authentic unless other evidence suggests the device or process was not working properly at the time of producing the document. For example, a document produced by a computer is presumed to be an authentic copy of an electronic record in the absence of evidence suggesting the computer was not working properly at the time of producing the document. (22) Website operators should keep evidence that documents produced by computer have been accurately and validly produced in case such documents are impugned by the other party tendering evidence of computer malfunction.

The materials at this web site have been prepared by The Data Vault, for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. You can read our full Legal Disclamer.

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