The State Records Act 1998 creates a statutory framework for authorising the disposal of State records and for deciding which records will be retained as State archives. Under the Act, NSW State Archives and Records, through the Board of the State Archives and Records Authority of New South Wales, can give permission for the disposal of records. NSW State Archives and Records may require records to be retained as State archives, permit the destruction of records or, in certain specific cases, permit the transfer of records from NSW Government ownership to private or other ownership.
Disposal is usually authorised through retention and disposal authorities issued by NSW State Archives and Records following their approval by the Board of the State Archives and Records Authority.