STATE RECORDS ACT 1998 - As at 30 October 2023 - Act 17 of 1998

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 Aboriginal objects excluded from operation of Act
• 5 Application of Act to State collecting institutions
• 6 Meaning of "control" of a record
• 7 Meaning of public office "responsible" for a record
• 8 State records transferred to private successor of public office

PART 2 - RECORDS MANAGEMENT RESPONSIBILITIES OF PUBLIC OFFICES

• 9 Application of Part to Governor, Parliament and courts
• 10 Chief executives to ensure compliance with Act
• 11 Obligation to protect records
• 12 Records management obligations
• 13 Standards and codes of best practice for records management
• 14 Obligation to maintain accessibility to equipment/technology dependent records
• 15 Authority entitled to access to records
• 16 Chief executive in special cases
• 17 Disputes about operation of Act
• 18 Special agreements with public offices exercising inter-government functions
• 19 Records storage facilities and other services
• 20 Reports by Authority about compliance

PART 3 - PROTECTION OF STATE RECORDS

• 21 Protection measures
• 22 Normal administrative practice
• 23 Permission for sale of privately owned records cannot be refused unless Authority has offered to buy
• 24 Consent of public office required before records can be disposed of
• 25 Special provision for records concerning Aboriginal heritage

PART 4 - MUSEUMS OF HISTORY NSW ENTITLED TO CONTROL OF STATE RECORDS NOT CURRENTLY IN USE

• 26 Application of Part to Governor, Parliament and courts
• 27 Museums of History NSW entitled to State records no longer in use
• 28 Records more than 25 years old presumed not in use
• 29 Records required to be made available to Museums of History NSW
• 30 How Museums of History NSW takes control of a record
• 31 Museums of History NSW not required to take control of records
• 32 Museums of History NSW can be required to take control of records in some cases
• 33 Entitlement to control does not affect other interests in State records
• 34 Secrecy and other duties do not prevent compliance with this Part
• 35 Public office entitled to return of records if needed
• 36 Arrangements for other persons to have possession/custody of State archives
• 36A Arrangements to copy, publish or give access to State archives

PART 5 - RECOVERY OF ESTRAYS AND OTHER STATE RECORDS

• 37 Meaning of "estray"
• 38 Presumption that State records are owned by the State
• 39 Power to inspect records believed to be estrays
• 40 Directions for protection of estrays
• 41 Directions and assistance to public offices for recovery of estrays
• 42 Court action to recover estrays
• 43 No limitation period on action to recover estrays
• 44 Arrangements for protecting estrays in private hands
• 45 Power of Museums of History NSW to obtain State records of archival significance
• 46 Directions to protect State records of archival significance
• 47 Museums of History NSW can acquire State records
• 48 Application of estray law in and of other jurisdictions

PART 6 - PUBLIC ACCESS TO STATE RECORDS AFTER 30 YEARS

• 49 Application of Part to Governor, Parliament and courts
• 50 Open access period for records
• 51 Access direction must be given for records in the open access period
• 52 Deciding whether to open or close records to public access
• 53 Secrecy provisions do not apply after 30 years
• 54 Application to open records to public access
• 55 Procedures for giving and revoking access directions
• 55A Review of access directions by responsible Minister
• 56 Access still available under Government Information (Public Access) Act 2009
• 57 Public office may authorise earlier public access
• 58 Arrangements for special access
• 59 Withholding access to ensure proper care of records
• 60 The giving of access
• 61 Register of access directions
• 62 Protection from liability when access given

PART 7 - THE AUTHORITY AND THE BOARD

• 63 Establishment of the Authority
• 64 Ministerial control
• 65 Director to manage and control affairs of the Authority
• 66 Principal functions of the Authority
• 67 Delegation of functions
• 68 Staff
• 69 Establishment of Board
• 70 Functions of the Board
• 71 Director may attend meetings of Board

PART 8 - MISCELLANEOUS

• 72 Injunctions relating to contravention of Act
• 73 Duty of confidentiality
• 74 Personal liability
• 75 Copying and publishing of State archives
• 76 Copyright in State archives
• 77 Certificate as to loss or destruction of State record
• 78 Proceedings for offences
• 78A Transferred provision--Olympic Environmental Legacy Archive
• 79 Savings and transitional provisions
80. (Repealed)
• 81 Regulations
• 82 Review of Act
Schedule 1 (Repealed)
• SCHEDULE 2
• SCHEDULE 3
Schedule 4 (Repealed)