The State Records Act 1998 creates a statutory framework for authorising the disposal of State records and for deciding which records will be retained as State archives. Under the Act, NSW State Records, through the Board of the State Records Authority NSW, can give permission for the disposal of records. State Records NSW may require records to be retained as State archives, permit the destruction of records or, in certain specific cases, permit the transfer of records from NSW Government ownership to private or other ownership.

Disposal is usually authorised through retention and disposal authorities issued by State Records NSW following their approval by the Board of the State Records Authority NSW.