New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 7

7 Meaning of public office “responsible” for a record

(1) The public office responsible for a State record for the purposes of this Act is the public office that is entitled to control of the record or (in the case of a record that the Authority is entitled to control of under this Act) the public office that would be entitled to control of the record if the Authority were not entitled to control of it.

(2) In the absence of evidence to the contrary, the public office in which a record was made and kept or received and kept as a State record is the public office that is entitled to control of the record.

(3) If that public office has ceased to exist, the public office entitled to control of the record is:

(a) the public office on which the functions of the defunct office have devolved, or

(b) if the defunct office’s functions have devolved on more than one public office-the public office on which have devolved the functions to which the record most closely relates.

(4) If the defunct office’s functions have not devolved on another public office, the public office entitled to control of the record is such public office as the Minister may designate after consulting with the person in charge of the public office proposed to be designated.

(4A) However, if the defunct office whose functions have not devolved on another public office is a Royal Commission or Special Commission of Inquiry, the public office entitled to control of the record is The Cabinet Office.

(5) If there is a dispute or uncertainty as to which public office is entitled to control of a record, the Minister can resolve the dispute or uncertainty by designating a particular public office as the public office entitled to control of the record. The public office so designated is conclusively presumed to be the public office entitled to control of the record.