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| Authority no | FA428 |
| SR file no | 22/0062 |
| Scope | This retention and disposal authority covers records documenting the function of Cemeteries and crematoria operations. |
| Public office | All NSW public offices responsible for the operation of cemeteries and crematoria Used by National Parks & Wildlife Service; Local Council; Lord Howe Island Board |
| Approval date | 8 July2022 |
Purpose of the authority
The purpose of this retention and disposal authority is to identify those records (all formats) created and received by NSW public offices which are required as State archives and to provide approval for the destruction of certain other records created and received by NSW public offices, after minimum retention periods have been met.
The approval for disposal is given under the provisions of the State Records Act 1998 only and does not override any other obligations of a public office to retain records.
The records retention and disposal practices outlined in this authority are approved under section 21(2)(c) of the State Records Act 1998 (NSW).
Retention and disposal of State records
Part 3 (Protection of State Records) of the Act provides that records are not to be disposed of without the consent of the State Records Authority NSW (State Records NSW) with certain defined exceptions. These exceptions include:
- an action of disposal which is positively required by law. This includes records retention and disposal authorities issued by State Records NSW and other legislation that requires the destruction of records. The State Records Regulation 2024 Schedule 1 lists some of the legislation that authorises the destruction of records.
- an action of disposal which takes place in accordance with a normal administrative practice (NAP) of the State Records Regulation of which State Records NSW does not disapprove.
The authority establishes how long different classes of records generated by a public office must be kept to meet its legal, operational and other requirements, and whether the records are required as State archives.
Note:
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State Records NSW reviews and approves public offices' retention and disposal authorities under the State Records Act. State Records NSW’s decisions consider both the administrative requirements of public offices in discharging their functional responsibilities and the potential future use of the records by the NSW Government and the public.
It is the duty of a public office, in submitting a draft retention and disposal authority for approval, to disclose to State Records NSW any information which affects the retention of the records covered by the authority.
Retention and disposal authorities identify some records as State archives. These are records which document the authority and functions of Government, its decision-making processes and the implementation and outcomes of those decisions, including the nature of their influence and effect on communities, environment and individual lives. Criteria for the identification of State archives are listed in the Building the Archives Policy. The Policy also explains the roles and responsibilities of State Records NSW and of public offices in undertaking appraisal processes and disposal activities.
Retention and disposal authorities have been designed to link records to the functions they document rather than to organisational structure (i.e. departments or clusters).
Public offices must ensure when outsourcing that service providers are aware of their recordkeeping obligations to apply relevant retention and disposal authorities.
Normal administrative practice (NAP)
Another means to lawfully dispose of State records is in accordance with the normal administrative practice provisions (NAP) of the State Records Act which allow for the disposal of certain types of facilitative and duplicate records.
Public offices should produce internal policies and procedures to further define what is meant by and what are acceptable NAP for their own organisation. Examples of NAP include duplicates of records, some drafts, working papers, unused stationary. See State Records Act 1998, section 22 and State Records Regulation 2024, Schedule 2.
Records covered by the normal administrative practice provisions of the Act are not included in records retention and disposal authorities.
Implementing the authority
This retention and disposal authority covers records controlled by the public office and applies only to the records or classes of records described in the authority. The authority should be implemented as part of the records management program of the public office.
Two primary objectives of a records management program are to:
- ensure that records are kept for as long as they are of value to the public office and its stakeholders
- enable the destruction of records or transfer of State archives once they are no longer required for business or operational purposes.
| Sentencing records | Sentencing is the examination of records to identify the disposal class in the authority to which they belong. This process enables the public office to determine the appropriate retention period and disposal action for the records. It is recommended that this process be undertaken when a record is created. |
| Digitised records | Where the format of records has changed (for example, from paper-based to digital) disposal actions in the authority still apply to the records. The digitised versions of records are to be retained for the minimum retention periods in a retention and disposal authority or managed as State archives. Where a record is copied (for example, digitally imaged or microfilmed) the original should only be disposed of with authorisation under the General retention and disposal authority – original or source records that have been copied. |
| Born digital records | For records natively created in a digital format such as emails, Word documents, database records or created by artificial intelligence (AI) disposal actions in the authority still apply. Born digital records and digitised records must be authentic, usable and accessible over the whole of their existence. The information contained in technology dependant records must be accessible for the period specified in the classes. Public offices will need to ensure that any software, hardware or documentation required for continuing access to technology dependent records is available for the retention period of the record. See the Digital records preservation policy. Ensure metadata of the record clearly identifies and contextualises the information contained within to make searching and sentencing easy now and into the future. |
| Records required as State archives | Records which are to be retained as State archives are identified with the disposal action 'Required as State archives'. These records should be stored in controlled environmental conditions. See the Standard on the physical storage of State records. Transferring records identified as State archives and no longer in use for official purposes to Museums of History NSW should be a routine part of a public office's records management program. |
| Records approved for destruction | Records that have been identified as being approved for destruction may only be destroyed once a public office has ensured that all other requirements for retaining the records are met. Retention periods set down in this authority are minimum periods only and a public office should keep records for a longer period if necessary. Reasons for longer retention can include legal requirements, administrative need, government directives and changing social or community expectations. State Records NSW does not compel destruction. A public office must not dispose of any records where the public office is aware of possible legal action (including legal discovery, court cases, formal applications for access (GIPA)) where the records may be required as evidence. Once all requirements for retention have been met, destruction of records should be carried out securely and in an environmentally sound way. Relevant details of the destruction should be recorded. |
Regardless of whether a record has been approved for destruction or is required as a State archive, a public office or an officer of a public office must not permanently transfer possession or ownership of a State record to any person or public office without the explicit approval of State Records NSW.
1.0 Cemeteries and crematoria operations
The function of managing the operations of cemeteries and crematoria, and approval of interments on private land.
See General Retention and Disposal Authority Administrative records Community relations - Public reaction for records relating to the management of complaints relating to burial or cremations.
See General Retention and Disposal Authority Administrative records Contracting-out for records relating to arranging, procuring and managing the performance of work or the provision of services by an external contractor or consultant, or by using external bureau services or shared services.
See General Retention and Disposal Authority Administrative records Financial management - Policy for records relating to the setting and review of fees and charges.
See General Retention and Disposal Authority Administrative records Governing and corporate bodies for records relating to the management of cemetery trusts and sub-committees.
See General Retention and Disposal Authority Administrative records Information management - Cases for records relating to requests for copies of or access to burial registers etc.
See General Retention and Disposal Authority Administrative records Property management for records relating to the construction, design and layout of memorials, buildings, gardens and landscaping, drainage works etc
See General Retention and Disposal Authority Administrative records Property management - Acquisition for records relating to the acquisition of land for cemeteries and cremations.
See General Retention and Disposal Authority Administrative records Property management - Conservation for records relating to maintenance of heritage items and structures.
See General Retention and Disposal Authority Administrative records Property management - Conservation for records relating to The activities involved in the preservation, protection, maintenance, restoration and enhancement of property.
See General Retention and Disposal Authority Administrative records Property management - Construction for records relating to development and redevelopment of cemetery land and structures.
See General Retention and Disposal Authority Administrative records Property management - Disposal for records relating to the disposal of land.
See General Retention and Disposal Authority Administrative records Strategic management - Joint ventures for records relating to liaison between the organisation and community, religious and ethnic groups e.g. regarding funerals, burials and memorials.
See General Retention and Disposal Authority Administrative records Strategic management - Planning for records relating to planning for cemeteries and burial spaces.
See General Retention and Disposal Authority Administrative records Strategic management - Policy for records relating to the development and review of policies for the size, use and location of burial places, and management of complaints that result in changes to policies.
| No. | Description of records | Disposal action |
|---|---|---|
| 1.1 | Summary records or registers of:
Note: the Cemeteries and Crematoria Act 2013 requires that If a cemetery operator ceases to direct the operations of a cemetery, the cemetery operator’s register must be sent to the Cemeteries Agency or disposed of as the Cemeteries Agency directs. These registers can be transferred as State archives under this entry. This includes the registers of operators who are not NSW Government agencies. | Required as State archives |
| 1.2 | Key maps and diagrams of:
| Required as State archives |
| 1.3 | Records relating to the conversion of cemeteries to other uses, including cases that do not proceed. | Required as State archives |
| 1.4 | Records relating to applications and approvals for interment rights. Includes:
Note: where burial registers do not exist or are not an accurate record, approved applications for interment rights can be transferred as State archives under entry 1.1. | Retain minimum of 7 years after rights are used or revoked, then destroy |
| 1.5 | Records relating to the exhumation and/or reburial of human remains. | Retain minimum of 7 years after exhumation completed, then destroy |
| 1.6 | Records relating to permits for burials, including burials on private land. Includes reburials e.g. when vaults have collapsed. Includes applications and determinations, copies of permits or licences and associated correspondence. | Retain minimum of 7 years after expiry or termination of permit, then destroy |
| 1.7 | Records relating to applications, certificates, permits and other documents relating to cremations. Note: the Cemeteries and Crematoria Act 2013 requires that a cemetery operator may destroy all applications, certificates, permit sand other documents relating to any cremation carried out by it 15 years from the date of the cremation to which they relate. | Retain in accordance with the relevant legislative requirements. |
| 1.8 | Records of applications and orders for plaques and headstones in cemeteries. Records include orders, applications and requests etc. | Retain minimum of 7 years after action completed, then destroy |
| 1.9 | Records relating to applications for interment, interment rights, cremations, plaques, headstone etc that do not proceed. | Retain minimum of 7 years after action completed, then destroy |