What does ‘copying’ include?
Copying includes digitisation, scanning, microfilming, reproduction of photographs and audio-visual material from negatives and photocopying.
See section 2.4 of the authority for more detail regarding the copying processes to which the general authority applies.
What records can't I destroy after copying?
You cannot destroy:

  • pre-1980 records required as State archives or required to be retained in agency in a retention and disposal authority
  • records where the conditions have not been met - see conditions.
  • records that are excluded.
What does retain in agency mean?
‘Retain in agency’ is a term used in disposal authorities where no minimum retention period has been set, therefore there is no approval to destroy the records or to transfer them to State Records.
How do I know what records are required as State archives?
They are listed as ‘Required as State archives’ in functional or general retention and disposal authorities issued by State Records.
What is the 1980 cut off date about?
The 1980 cut off date only relates to records that are required as State archives or ‘retain in agency’ in a retention and disposal authority issued by State Records. The originals or source records of any records that are required as State archives or to be retained in agency predating 1980 cannot be destroyed after copying.
The pre 1980 cut off date does not apply to those records where destruction is permitted under a retention and disposal authority issued by State Records.
What do I do with the originals of records required as State archives that that have been copied and that pre-date 1980? Do I have to hang onto them?
These can be transferred as State archives after the completion of the copying and associated quality control processes if they are no longer required for ongoing business use or reference. There are no charges for the storage of State archives but there may be resource costs involved in preparing records for transfer and an access direction will be required. Contact State Records for advice before undertaking back-capture copying projects that involve records that are required as State archives. There are a range of issues surrounding the management and handling of the originals in back-capture projects that should be considered at the planning stage of the project.
What if I am not sure about the quality of the copying process?
If you are not sure about this, then you should retain the original records until:

  • you can confirm the copying meets the conditions set out in the General authority,
  • the records have reached their minimum retention period, or
  • if they are required as State archives and they are no longer required for current business, you can transfer them to State Records.
Do I have to destroy the originals of records that have been copied?
No – State Records NSW does not compel destruction.
If you have concerns regarding the copying or quality assurance processes then you most definitely should not destroy the originals until these issues have been resolved. If records are required as State archives and you think they may have intrinsic value in original format contact Agency Services to discuss potential transfer of the originals as State archives.
Can I apply to State Records for permission to destroy records that pre-date 1980 and are required as State archives or required to be retained in agency?
Yes. State Records BSW will consider requests to destroy records that fall outside the scope of this authority on a case-by-case basis
What if the original or source records are required as State archives or required to be retained in agency and are damaged or deteriorating?
You need to contact State Records NSW.
What do I do with original negatives of audio-visual material required as State archives?
Contact State Records NSW. Normally we will require that the material is digitised and then the digital copy and the original material can be transferred as State archives.
Can I sell or give away the originals after copying?
No - this would constitute a breach of the State Records Act.

Published January 2015