Contents
For Chief Executives
Chief executives to ensure compliance with the Act
The chief executive of each public office has a duty to ensure that the public office complies with the requirements of this Act and the regulations and that the requirements of this Act and the regulations with respect to State records that the public office is responsible for are complied with (Section 10).
For Public Offices
Obligation to protect records
Each public office must ensure the safe custody and proper preservation of the State records that it has control of. (Section 11(1))
Full and accurate records
Each public office must make and keep full and accurate records of the activities of the office. (Section 12(1))
Records management program
Each public office must establish and maintain a records management program for the public office in conformity with standards and codes of best practice from time to time approved under section 13. (Section 12(2)) (See the Standards page for details of Standards and Codes of best practice approved by NSW State Archives and Records).
Monitoring and reporting
Each public office must make arrangements with the Authority for the monitoring by the Authority of the public office's records management program and must report to the Authority, in accordance with arrangements made with the Authority, on the implementation of the public office's records management program. (Section 12(4))
Equipment/technology dependent records
If a record is in such a form that information can only be produced or made available from it by means of the use of particular equipment or information technology (such as computer software), the public office responsible for the record must take such action as may be necessary to ensure that the information remains able to be produced or made available. (Section 14(1))
Disposal of records
Public offices may not dispose of State records, transfer their possession or ownership, take or send them out of New South Wales, or alter them, without the approval of NSW State Archives and Records. (Section 21)
Management of State archives
Public office records that are required to be kept as part of the State archives must be properly protected while they remain in the public office's custody. As reiterated in Premier's Circular 2003-17, public offices should contact NSW State Archives and Records to discuss transfer or other options for their permanent preservation when they are no longer required for current business needs. (Part 4)
Public access to State records after 30 years
Each public office must ensure that the State records for which it is responsible and that are over thirty years old are the subject of an access direction. An access direction either opens or closes the records to public access. (Part 6)
Records management standards
Standards approved under section 13(1) are:
- Standard on the physical storage of State records (2019)
- Standard on records management (2015, amended 2018)
Codes of best practice approved under section 13(1) are:
Published November 2014/revised February 2015/ revised June 2018/revised February 2019