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STATE RECORDS ACT 1998 - SECT 28
Records more than 25 years old presumed not in use
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 Museums of History NSW 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 Museums of History NSW 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
Museums of History NSW 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) Museums of History NSW
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 Museums of History NSW if it is not approved
by the Minister within 3 months after the request is made.
(5) A
still in use determination can be made before any record to which it applies
is 25 years old.
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