AGY-7551 | Museums of History NSW

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Background
On 11 March 2020 the Parliamentary Standing Committee on Social Issues adopted Terms of Reference for the Inquiry into the State Records Act 1998 and the Policy Paper on its Review. The terms of reference included: (a) the role and purposes of the State Records Authority of NSW and Sydney Living Museums (b) the adequacy of the Act in meeting citizens' needs (c) factors constraining public access to and use of the documentary and material heritage of NSW (d) the operation and effect of the proposed reforms in the attached Policy Paper, in particular: (i) the effect of the proposed reforms on NSW public offices, including NSW Government agencies, local councils, public health organisations and State-owned corporations (ii) whether the proposed reforms support digital government (iii) whether the proposed reforms will increase public knowledge and enjoyment of the stories that shape our social, historical and cultural identity, enhancing social outcomes for the people of NSW (iv) whether the proposed reforms will enhance the protection of the key cultural assets of NSW (e) any other related matter. (1)

The key recommendation of the Committee in its report was: That the NSW Government document a detailed analysis of all aspects of the proposal to create a single new cultural institution in place of the existing State Archives and Records Authority of New South Wales and Sydney Living Museums. (2) This executive agency was to be known as Museums of History NSW. Following the Government's response (3) further consultation raised the policy issue of separating the responsibility for the policy and regulation of recordkeeping in NSW from the collection and access functions of the then State Archives and Records Authority. (4) 

Museums of History NSW
On 31 December 2022 Museums of History NSW (MHNSW) was constituted by the Museums of History NSW Act 2022 (Act No.42, 2022) as a statutory body representing the Crown and was subject to the direction of its Minister. (5)

Museums of NSW's general policies and strategic direction were to be decided by the Museums of History NSW Board. The Board was to consist of 11 members, of whom: (a) at least 1 person who has knowledge of, or experience in, history or the archival profession, (b) at least 1 person who has knowledge of, or experience in, heritage, (c) at least 1 person who has knowledge of, or experience in, First Nations cultures. (6)

The Chief Executive Officer of Museums of History NSW was to be appointed by the Minister, in consultation with the Board. (5) While the Constitution Act 1902 (Act No. 32, 1902) precluded Museums of History NSW from directly employing staff persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Museums of History NSW to exercise its functions. (7)

The objects of Museums of History NSW were:
(a) to collect, manage and preserve the following (the collection)—(i) State archives, (ii) significant buildings and sites, (iii) objects and materials related to significant buildings and sites,
(b) to increase—(i) public knowledge and enjoyment of the collection, and (ii) access to the collection,
(c) to promote—(i) knowledge and appreciation of history, and (ii) the stories that shape the social, historical, political and cultural identity of New South Wales,
(d) to achieve the objects described in paragraphs (a)–(c) across the State, including in regional and rural New South Wales. (8)

The functions of Museums of History NSW were: (a) to acquire, control and manage significant buildings and sites, (b) certain functions under the State Records Act 1998, (c) functions conferred on it by this Act or another Act or law, (d) functions supplementary or incidental to the exercise of its other functions, including the following—(i) entering contracts or arrangements, (ii) charging fees for goods or services, including permissions given, (iii) applying for licences, permits or other authorities, and (iv) anything prescribed by the regulations. (9) A "significant building or site means a building or site that, in the opinion of Museums of History NSW, holds architectural, social, historical, cultural or or political significance for the history or identity of the State. (10)

Museums of History NSW's functions under the State Records Act 1998, included functions relating to the following—
(a) records management services,
(b) assuming control of State records that are not currently in use,
(c) recovering estrays and other State records,
(d) facilitating public access to State records,
(e) copying and publishing State archives,
(f) exercising a right of the Crown as the owner of copyright subsisting in a State archive.
These functions derived from Part 4 (control of State records not currently in use), Part 5 (recovery of estrays and other State records) and Part 6 (public access to State records) of the State Records Act 1998 (Act No.17, 1998) as amended by the Museums of History Act 2022. (11)

Museums of History NSW was responsible for the following museums and properties: Hyde Park Barracks (Sydney); Museum of Sydney (Sydney); Vaucluse House (Vaucluse); Rose Seidler House (Wahroonga); Justice and Police Museum (Circular Quay); Meroogal (Nowra); Elizabeth Farm (Rosehill); Susannah Place (The Rocks); Elizabeth Bay House (Elizabeth Bay); The Mint (Head Office and Caroline Simpson Library and Research Collection; and the Western Sydney Records Centre, comprising the Reading Room and State Archives Collection, and the Government Records Repository (Kingswood). (12)

Museums of History NSW reported to the Department of Enterprise, Investment and Trade. The structure of Museums of History NSW comprised the Chief Executive Officer (CEO), reporting to the Minister, with three Directors for Collections; Programming, Production and Audience; and Strategy and External Relations; plus two Project Directors for the City Museum Project and the Parramatta North Project. The Chief Operating Officer, who reported to the CEO, had responsibility for three Directors, for Corporate Services; Commercial Services; and, Museum Operations and Visitor Services. (13)

Endnotes
1. NSW Parliament Website, Committees, Inquiry into the State Records Act 1998 and the Policy Paper on its Review, Terms of Reference, available from https://www.parliament.nsw.gov.au/committees/Pages/inquiryprofile/state-records-act-1998-and-the-policy-paper-on-its-review.aspx accessed 16 January 2023).
2. NSW Parliament Website, Committees, Inquiry into the State Records Act 1998 and the Policy Paper on its Review, Final Report, available from https://www.parliament.nsw.gov.au/committees/Pages/inquiryprofile/state-records-act-1998-and-the-policy-paper-on-its-review.aspx#tab-reportsandgovernmentresponses (accessed 16 January 2023); including State Records Act 1998 and the policy paper on its review / Standing Committee on Social Issues, 2020 (Report no.57), https://www.parliament.nsw.gov.au/lcdocs/inquiries/2588/Report%20No%2057%20-%20Social%20Issues%20Committee%20-%20State%20Records%20Act%201998%20and%20the%20Policy%20Paper%20on%20its%20review.pdf (accessed 16 April 2024).
3. NSW Government Response to Recommendations from the Social Issues Committee Inquiry into the State Records Act 1998 and the Policy Paper on its review, 14 April 2021, https://www.parliament.nsw.gov.au/lcdocs/inquiries/2588/State%20Records%20Act%20inquiry%20-%20Government%20reponse.pdf (accessed 16 April 2024).
4. White Paper: Review of the State Records Act 1998; The Future of History in NSW, pp.2, 6, 17-18, https://www.parliament.nsw.gov.au/lcdocs/inquiries/2588/Letter%20to%20Social%20Issues%20Committee%20RE%20Review%20of%20the%20State%20Records%20Act.pdf (accessed 16 April 2024).
5. Museums of History NSW Act 2022 ss.5, 6.
6. Museums of History NSW Act 2022, s.7.
7. Museums of History NSW Act 2022, s.8.
8. Museums of History NSW Act 2022, s.9 and explanatory note.
9. Museums of History NSW Act 2022, s.10.
10. Museums of History NSW Act 2022, s.11.
11. Museums of History NSW Act 2022, s.13.
12. Museums of History NSW Act 2022, s.23; State Records Act 1998 (Act No.17, 1998) Parts 4, 5 and 6.
13. Sydney Living Museums, Annual Report, 2021-2022, p.10; MHNSW Website, Visit Us, https://mhnsw.au/visit-us/ (accessed 16 January 2023).
12. Museums of History NSW Organisational Chart at 23 November 2022, available from MHNSW Website, About Us, https://mhnsw.au/about-us/ (accessed 16 January 2023).