The State Records Act 1998 came into operation on 1 January 1999. Under the State Records Regulation 1999 application of parts 2, 4 and 6 (records management, transfer of control and public access provisions) were deferred until 1 January 2000. Parts 3 and 5 (disposal and estray provisions) applied from 1 January 1999. It should be noted that all parts (Parts 2, 3, 4, 5 and 6) now apply to local government.

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Promoting recordkeeping

We have developed three leaflets to help Councils promote recordkeeping to staff:

  • Recordkeeping Fundamentals for local government is a leaflet that has been designed to assist local government organisations raise awareness of the importance of good recordkeeping. This leaflet can be distributed to all Council staff. It explains why records are important, common types of records, responsibilities for each council, and where to access further information.
  • Recordkeeping Fundamentals for Councillors is a leaflet that has been designed as a general information resource that can be distributed to Councillors. It explains why records are important, common types of records, responsibilities for each Councillor, and where to access further information.
  • Recordkeeping reminders is a leaflet that has been designed as a general information resource that can be distributed to all Council staff and Councillors. It outlines some common situations where public officials in NSW should create and capture records.

These leaflets are available in PDF.

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Disposal of local government records

NSW local and county councils should use the General Retention and Disposal Authority: Local Government Records for the disposal of council records.

Councils should refer in the first instance to the General Retention and Disposal Authority: Local Government Records (GA39). If there is no disposal coverage for certain records in that authority, Councils may use the General Retention and Disposal Authority: Administrative Records as the source of authorisation for the disposal of the records.

For permissions and conditions for the destruction of original records that have been imaged Councils should refer to the general retention and disposal authority for original or source records that have been copied.

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Privatisation of functions

Please contact us at govrec@staterecords.nsw.gov.au if there are plans to privatise functions of Council. In the past this has included privatisation of aged care facilities. The Board of State Records NSW has approved a general disposal authority that permits the transfer of ownership and control of some records if a function is being privatised, but there are exclusions and we will need to discuss this with you.

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Access directions for local government records

State Records NSW has developed

  • a set of model access directions for local government records
  • a Register of Access Directions which provides a list of councils that have already made directions. Pleases contact MNHSW for access to the Register.
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Defining high risk records

Please see our advice on Identifying and managing high risk information and - http://futureproof.records.nsw.gov.au/defining-high-risk-records/

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Useful resources for local government

State Records NSW has developed a number of resources which may assist local government councils in meeting their requirements and best practice:

Published April 2014 / Revised February 2016/Revised October 2017 / Updated August 2018/Updated November 2019

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Recordkeeping Resources