AGY-7673 | State Records Authority 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 recommendations of the Committee included the creation of a new cultural organisation, Museums of History New South Wales. (2) 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) The Government White Paper on the Future of History in NSW proposed that a separate statutory body the State Records Authority NSW, and its Board, be created with responsibility for the State Records Act 1998 Part 2 Records management and Part 3 Protection of State archives, including records retention and disposal (s.13 & s.21, s.70(b)) and supported with additional monitoring powers. (5)

State Records Authority NSW
On 31 December 2022 the Museums of History NSW Act 2022 (Act No.42, 2022) amended the State Records Act 1998 to rename the State Archives and Records Authority of New South Wales and constitute the State Records Authority NSW (also known as State Records NSW) as a body corporate. (6)

The principal functions of the State Records Authority NSW were:
(a) to oversee record-keeping by public offices of the State, including by determining standards and providing advice,
(b) to identify State records that have enduring value and should be retained as State archives,
(c) other functions conferred on it by this Act or another Act or law. (7)

The Authority was subject to the direction and control of the Minister, except the Authority’s functions in relation to the giving or refusing of permission for, or approval of a practice or procedure involving, the taking of any action referred to in section 21 (Protection measures). The Authority was to be managed by a director. (8)

The revised Act also established a Board of the Authority, which was to consist of 9 members, including:
(a) the Chief Executive Officer of Museums of History NSW, or a delegate of the Chief Executive Officer, and
(b) the following members appointed by the Governor—
(a) 3 persons nominated by the Minister who administers this Act,
(b) 2 persons nominated by the Minister who administers the Government Sector Employment Act 2013, to represent Public Service agencies,
(c) 1 person nominated by the Minister who administers the State Owned Corporations Act 1989, to represent State owned corporations,
(d) 1 member or officer of either House of Parliament nominated jointly by the President of the Legislative Council and the Speaker of the Legislative Assembly,
(e) 1 judge of a court of the State nominated by the Chief Justice of New South Wales.
In relation to the persons nominated by the Minister who administers this Act— (a) 1 must have knowledge of, or experience in, the use of State records, and (b) 1 must have knowledge of, or experience in, history, and (c) 1 must have knowledge of, or experience in, First Nations cultures. (9)

The Board had the following functions:
(a) the function of determining the policies and strategic plans of the Authority,
(b) the function of granting approvals for the purposes of sections 13 (Standards and codes of best practice for records management) and 21 (Protection measures). (10)

Under the amended State Records Act 1998, the definition of public offices included: (i) a department, office, commission, board, corporation, agency, service or instrumentality exercising a function of a branch of the Government of the State, (ii) a body, whether incorporated or not, established for a public purpose, (iii) a council, county council or joint organisation under the Local Government Act 1993, (iv) the Cabinet and the Executive Council, (v) the office and official establishment of the Governor, (vi) a House of Parliament, (vii) a court or tribunal, (viii) a State collecting institution, (ix) a Royal Commission or Commission of Inquiry, (x) a State owned corporation, (xi) the holder of an office under the Crown, (xii) a political office holder, other than the Leader of the Opposition in the Legislative Assembly, within the meaning of the Members of Parliament Staff Act 2013, (xiii) a body, office or institution, whether or not it is a public office under another subparagraph of this paragraph, that exercises a public function and is declared by the regulations to be a public office for the purposes of this Act. (11)

Among other records management obligations, each public office was to make arrangements with the Authority for the monitoring by the Authority of the public office’s records management program and must report to the Authority, in accordance with arrangements made with the Authority, on the implementation of the public office’s records management program. (12)

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, 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. White Paper: Review of the State Records Act 1998; The Future of History in NSW, pp.2, 4, 6, 17-20, 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).
6. Museums of History NSW Act 2022, Schedule 4 [29] including amending s.63 (1) to the Principal Act, the State Records Act 1998 (Act No.17, 1998).
7. State Records Act 1998 (as amended) s.66.
8. State Records Act 1998 ss.64 and 65.
9. State Records Act 1998 s.69.
10. State Records Act 1998 s.70.
11. State Records Act 1998 s.3 Definitions (with some exclusions).
12. State Records Act 1998 s.12 (4).