New South Wales Consolidated Acts

STATE RECORDS ACT 1998

- As at 2 March 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)