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This policy establishes principles underpinning the requirements for public offices to ensure accessibility to equipment- and technology-dependent State records for as long as required.
Public offices are required to maintain accessibility to equipment- and technology-dependent records (State Records Act 1998, s 14). This may require migration of existing records into new technology, creating records or copies of records using technology that outlast technological change, or by retaining existing technology
This policy applies to all NSW public offices covered by Part 2 of the State Records Act. Public offices
covered by Part 2 are:
It applies to all State records that require equipment or technology to access. This includes, but is not
limited to:
This policy does not apply to the management of the State Archives Collection.
There are 3 key participants involved in maintaining accessibility of State records over time and, within the statutory framework provided by the State Records Act, each has its own roles and responsibilities.
Public offices are responsible for:
Senior responsible officers for records management in a public office are accountable for ensuring compliance with this policy as part of their responsibility for the oversight of records and information management.
Chief executives of each public office have a duty to ensure compliance with the State Records Act, including s 14.
State Records NSW is responsible for:
MHNSW is responsible for:
For the purposes of this policy, the following definitions apply:
| Term | Definition |
|---|---|
Archives | Those records that are appraised as having continuing value. See also State archive. |
Public office | The State Records Act 1998 applies to public sector bodies referred to as public offices. Section 3(1) of the Act identifies that public office— (a) means each of the following— (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 or not incorporated, 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, (b) but does not include— (i) the Workers Compensation Nominal Insurer established under the Workers Compensation Act 1987, or (ii) a justice of the peace within the meaning of the Justices of the Peace Act 2002, or (iii) another individual or a private sector entity, except to the extent that section 8 applies. |
Record | Record means any document or other source of information compiled, recorded or stored in written form or on film, or by electronic process, or in any other manner or by any other means (State Records Act, s 3(1)). See also State record. |
Retention and disposal authorities | Instruments that identify those records created and received by NSW public offices which are required as State archives and provide approval for the destruction of other records after minimum retention periods have been met. Retention and disposal authorities are issued by State Records NSW, after approval by the State Records Authority NSW Board. |
State archive | State archive means a State record that MHNSW has control of under this Act. (State Records Act, s 3(1)). |
| State record | State record means a record made or received by a person, whether before or after the commencement of this section— (a) in the course of exercising official functions in a public office, or (b) for a purpose of a public office, or (c) for the use of a public office. (State Records Act, s 3(1)). |
| Technology- or equipment-dependent records | A record in such a form that information can only be produced or made available from it by means of the use of particular equipment of information technology (such as computer software). (State Records Act, s 14(1)) |
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