New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 28

28 Records more than 25 years old presumed not in use

(1) A State record is to be regarded as no longer in use for official purposes in a public office if the record is more than 25 years old, unless the public office has made a determination (a "still in use determination") that the record is still in use for official purposes in the public office. A record may be no longer in use even if it is less than 25 years old. This section is not intended to create a presumption that a record is in use just because it is less than 25 years old.

(2) A still in use determination need not be specific to a particular record and can instead be made so as to relate to a series, group or class of records. A public office must consult with the Authority before making a still in use determination. A still in use determination is to be in writing and a copy of it is to be given to the Authority as soon as practicable after it is made.

(3) A still in use determination remains in force for the period (up to 5 years) specified in the determination unless it is revoked sooner by the public office responsible for the records concerned. The determination can be revoked by giving notice of revocation in writing to the Authority and can be remade before it expires, or a new determination can be made. There is no limit on the number of times a still in use determination can be made or remade.

(4) The Authority may in a particular case request a public office to have a still in use determination made by it reviewed and approved by the Minister responsible for the public office. The determination lapses and cannot be remade without the permission of the Authority if it is not approved by the Minister within 3 months after the Authority’s request is made.

(5) A still in use determination can be made before any record to which it applies is 25 years old.