Background to the disposal of local government records

Part 1: Chronology of requirements for the disposal of local government records

Archives Act 1960

Prior to the State Records Act 1998, the disposal of NSW public sector records was regulated by the Archives Act 1960. The Archives Act did not apply to NSW Local Government.

Part 2: Further information on the disposal of local government records

Prior to the State Records Act 1998, public records were regulated by the Archives Act 1960. The Archives Act did not apply to NSW Local Government.

Application of the Local Government Act 1919

Prior to 1 January 2000 the disposal of local government records was managed by ordinances issued under the Local Government Act 1919.  These ordinances were published in the Government Gazettes of the State of New South Wales; Clause 55 of the Local Government Act (published in Issue No 119 on 25 June 1920) and Ordinance No. 1 (published in Issue No 100 on 5 July 1985).

In 1985, the Department of Local Government sought funding from the NSW Bicentennial Council for the then Archives Authority of New South Wales to prepare a General Disposal Schedule for the records of local government.

On 26 October 1988, the Minister for Local Government officially launched the publication of General Records Disposal Schedule for Local Government in New South Wales developed by the Archives Authority of New South Wales. On 27 January 1989, amendments to Ordinance 1 of the Local Government Act 1919 provided the approval for the General Records Disposal Schedule for Local Government in New South Wales to be used in accordance with the provisions of the Ordinance 1.

Application of the Local Government Act 1993 and the State Records Act 1998

On 8 June 1993, the Local Government Act 1919 was replaced by the Local Government Act 1993. Section 13 of the Local Government Act 1993 stated that the “council must retain, preserve and destroy its records in accordance with any approved standards”, and “Standards for the retention, preservation and destruction of council records” was listed under the Schedule 6 -Regulations of the Act.

On 1 July 1993, the Local Government (Savings and Transitional) Regulation 1993 was issued. Clause 5 set out requirements around the preservation of records, including permission for local government to dispose of records in accordance with the schedules approved by the Minister, and the use of the General Records Disposal Schedule for Local Government in New South Wales (see subclause (3) of clause 5). Subclause (5) of clause 5 also provided approval of using the same standards for microfilming set out by Ordinance 1 made under the old Act.

While the State Records Act 1998 commenced on 1 January 1999, some aspects of the Act were phased-in for local government and only commenced on 1 January 2000. At the inaugural meeting of the Board of the State Records Authority of New South Wales on 10 February 1999, the Board approved, under section 21(3) of the State Records Act, the continued use of the General Records Disposal Schedule for Local Government in New South Wales until this was replaced by a new disposal authority issued under the State Records Act.

On 7 May 1999, the Local Government (Savings and Transitional) Amendment (Records) Regulation 1999 repealed clause 5 of the Local Government (Savings and Transitional) Regulation 1993. The Explanatory note states that “provision for preservation of these and other records is now made by the State Records Act 1998.” This regulation formally passed responsibility for local government records management to the State Records Act.

Application of the State Records Act 1998 to local government records

On 9 August 2000, the General Records Disposal Schedule for Local Government in New South Wales was replaced by the General Disposal Authority – Local Government Records (GDA10).

On 7 February 2011, GDA 10 was replaced by the General retention and disposal authority: local government records (GA39).

In 2022 the State Archives and Records Authority of NSW announced the review of GA39 as it was over 10 years old. The review was undertaken in response to a request from the Board of the State Archives and Records Authority of NSW that all disposal authorities older than 10 years needed to be assessed and reviewed. The main focus of the review was to remove entries that were not unique to local government and had equivalent entries in other current retention and disposal authorities. Exposure drafts of the revised draft authority were released in October 2023 and August 2024 to all Councils and other relevant public offices for consideration and feedback.

On 14 February 2025, the State Records Authority NSW issued the Functional retention and disposal authority for local government records(FA450), superseding GA39.

FA450 covers only those functions unique to local government. Councils are permitted to use a number of other retention and disposal authorities to sentence records that are not covered by FA450. These disposal authorities include GA28 (Administrative records), GDA17 entry 1.2.1 only (Public health services client patient records), FA367 (Water supply and wastewater management), FA402 (Cultural, recreation and sporting facilities), FA404 entry 1.1.0 only (Early childhood education and care) and FA428 (Cemeteries and crematoria).

FA450 will be due for review in 2035.

References

Archives Authority of New South Wales (1988), General Records Disposal Schedule for Local Government in New South Wales

Cable, Kenneth J (1985), Local Government Records, inCiteALIA (inCite: Newsletter of the Australian Library and Information Association) 253:9.

Howse, J. (1983). The preservation of local government records in New South Wales: historical and current legislative requirements [Series of parts] Part 2. -Paper presented to the Records Management Association. Local Government Chapter. New South Wales Branch, 9 June, 1982-. Archives and Manuscripts, 11(2), 162–171. https://search.informit.org/doi/10.3316/ielapa.840302754

LOCAL GOVERNMENT ACT, 1919. (1920, June 25). Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001), p. 3599. Retrieved September 2, 2025, from http://nla.gov.au/nla.news-article222082391

LOCAL GOVERNMENT ACT, 1919—PROCLAMATION (1985, July 5). Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001), p. 3331. Retrieved September 2, 2025, from http://nla.gov.au/nla.news-article231418518

LOCAL GOVERNMENT ACT 1919—ORDINANCE (1989, January 27). Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001), p. 420. Retrieved September 2, 2025, from http://nla.gov.au/nla.news-article231511523

LOCAL GOVERNMENT ACT 1993—REGULATION (1993, July 1). Government Gazette of the State of New South Wales (Sydney, NSW : 1901 - 2001), p. 3550. Retrieved September 2, 2025, from http://nla.gov.au/nla.news-article231934297

LOCAL GOVERNMENT ACT 1993 (NSW) (1993, June 8) https://legislation.nsw.gov.au/view/html/1993-06-08/act-1993-030

LOCAL GOVERNMENT (SAVINGS AND TRANSITIONAL) AMENDMENT (Records) regulation 1999 (1999, May 7) https://legislation.nsw.gov.au/view/pdf/asmade/sl-1999-211

State Records NSW, Local government records (GA39) (2022) Local government records (GA39) State Records NSW

Tyler, Peter J. (2011). State Records New South Wales 1788-2011, 92-93, Annandale, NSW: Desert Pea Press.

Ward, Patricia (1988), Records Disposal Schedule, inCiteALIA (inCite: Newsletter of the Australian Library and Information Association) 264:17.