Records relating to

Ministers Office (GDA13)

Used by Offices of ministers of the NSW Government, including the Premier, in respect of their responsibilities for the administration of government and which come within the meaning of public office as defined in the State Records Act 1998.

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Overview

Authority no	GDA13
SR file no	02/0704 19/0044
Scope	This general retention and disposal authority covers records created and maintained during the term of office of all ministers and in relation to ministerial office and portfolio responsibilities.
Public office	Offices of ministers of the NSW Government, including the Premier, in respect of their responsibilities for the administration of government and which come within the meaning of public office as defined in the State Records Act 1998.
Approval date	23/12/2002
Revised	16/07/2021

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:

While State Records NSW gives approval for the destruction of certain records after minimum retention periods have been met in this retention and disposal authority, it does not compel destruction of records. Public offices are responsible for determining whether there are business or other needs for retaining records beyond the minimum retention periods set out in this authority.
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.
For records that are severely damaged by fire, flood, mould, neglect etc. or for digital records that are unreadable or inaccessible, contact State Records NSW immediately when identified.

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 Community relations and engagement

No.	Description of records	Disposal action
1.1	Records of Ministerial engagement with the community in their capacity as a Minister. Includes: correspondence from members of the public or organisations, (a) on matters relating to the Minister’s portfolio and (b) requiring further action by the Minister/Minister’s Office, such further action including: briefing notes, reports, return correspondence, emails and/or other forms of written communications with the enquirer. correspondence from members of the public or organisations regarding significant matters representations to the Minister and/or Ministerial staff by third party lobbyists and other individuals or organisations on behalf of or to represent the interests of other parties. Includes records of meetings, communications between the lobbyist and the Minister and/or Ministerial staff, and other supporting documentation. Ministerial diaries, calendars and/or appointment books, disclosure summaries, including notes and or supporting documentation. Speeches or presentations made by the Minister, in their capacity as Minister or as a government representative. This includes final transcripts or audio/visual formats. publications issued by the Minister or Minister’s Office such as media releases and statements, circulars or newsletters, and social media postings and communications issued or received. events, celebrations, ceremonies and functions attended by the Minister, or their representative, or hosted by the Minister, that are of state-wide, national or international significance or organised to mark major anniversaries of significant events. Includes programs, invitations, official photographs, and where the Minister is the host, guests lists and reports	Required as State archives
1.2	Routine administrative records. Includes: enquiries, representations and correspondence concerning matters of a routine nature, which are referred to another Minister for action or response, or which receive no further action. records relating to administrative arrangements concerning the media, including the distribution of media releases, organisation of interviews and general media access to the Minister records of media monitoring and copies of media items (print, broadcast or social) records relating to the preparation and dispatch or receipt of letters of appreciation, condolence, seasonal greeting cards, etc. records relating to administrative arrangements of events, celebrations, ceremonies and functions (e.g. invitations and acceptances, catering arrangements venue bookings, organising entertainment, accommodation and transport arrangements, related correspondence). publicly available material supplied to or obtained by the Minister for reference purposes, e.g. books, journals, published resources in hard copy or electronic format	Retain until administrative or reference use ceases, then destroy

No.

Description of records

Disposal action

1.1

Records of Ministerial engagement with the community in their capacity as a Minister. Includes:

correspondence from members of the public or organisations, (a) on matters relating to the Minister’s portfolio and (b) requiring further action by the Minister/Minister’s Office, such further action including:
- briefing notes,
- reports,
- return correspondence, emails and/or other forms of written communications with the enquirer.
correspondence from members of the public or organisations regarding significant matters
representations to the Minister and/or Ministerial staff by third party lobbyists and other individuals or organisations on behalf of or to represent the interests of other parties. Includes records of meetings, communications between the lobbyist and the Minister and/or Ministerial staff, and other supporting documentation.
Ministerial diaries, calendars and/or appointment books, disclosure summaries, including notes and or supporting documentation.
Speeches or presentations made by the Minister, in their capacity as Minister or as a government representative. This includes final transcripts or audio/visual formats.
publications issued by the Minister or Minister’s Office such as media releases and statements, circulars or newsletters, and social media postings and communications issued or received.
events, celebrations, ceremonies and functions attended by the Minister, or their representative, or hosted by the Minister, that are of state-wide, national or international significance or organised to mark major anniversaries of significant events. Includes programs, invitations, official photographs, and where the Minister is the host, guests lists and reports

Required as State archives

1.2

Routine administrative records. Includes:

enquiries, representations and correspondence concerning matters of a routine nature, which are referred to another Minister for action or response, or which receive no further action.
records relating to administrative arrangements concerning the media, including the distribution of media releases, organisation of interviews and general media access to the Minister
records of media monitoring and copies of media items (print, broadcast or social)
records relating to the preparation and dispatch or receipt of letters of appreciation, condolence, seasonal greeting cards, etc.
records relating to administrative arrangements of events, celebrations, ceremonies and functions (e.g. invitations and acceptances, catering arrangements venue bookings, organising entertainment, accommodation and transport arrangements, related correspondence).
publicly available material supplied to or obtained by the Minister for reference purposes,

e.g. books, journals, published resources in hard copy or electronic format

Retain until administrative or reference use ceases, then destroy

2.0 Government relations & portfolio responsibilities

No.	Description of records	Disposal action
2.1	Records relating to advice received or provided to the Minister, actions taken or decisions made by the Minister in their capacity as a Minister, on matters relating to the Minister’s portfolio. Includes: records of the development of Cabinet submissions and Bills as created or modified by the Minister’s office correspondence between the Minister and other parties concerning Cabinet matters and matters of portfolio responsibility records of the creation of new agencies, changes to the Minister’s portfolio responsibilities or changes to the functions of an agency within the Minister’s portfolio, including delegations of authority and appointments of officers pursuant to an Act records of the involvement of the Minister in Parliamentary Committees, Royal Commissions, or Commissions/Committees of Inquiry where the Minister has been a member, was required to give evidence, or had any other close association, including the making of formal submissions Significant inter-governmental and intra- governmental activities such as agreements, contracts, joint operations or joint ventures between Ministers, Ministers’ offices and other government entities, whether State, Interstate, Federal, international or the non-government sector any determinations or appeals made by the Minister for legislation that they administer ministerial representation on or establishment of boards, committees, councils, etc. Includes minutes, agendas, decisions, reports, recommendations, advice, ministerial approvals, appointments, resolutions and associated correspondence received by the Minister legal advice or opinions received by the Minister, or litigation specific to the Minister’s portfolio which relates to matters that are precedent- setting, generate substantial public interest or controversy, or result in substantial changes to portfolio Department or agency policy and procedures correspondence and briefings between the Minister and public offices, including other Ministers concerning issues of significance. Issues of significance include those relating to the development, implementation or review of government policy and legislation, including budgeting of new policy proposals or programs, and detailed background information deliberations, decision-making, and actions on matters relating to the Minister exercising their statutory responsibilities with respect to their portfolio, including appointments, terminations and exercise of discretionary powers attracting media attention, public controversy or debate, or resulting in parliamentary inquiries. documents which have been significantly annotated by the Minister or the Ministerial office, and not returned to the Minister’s Department or agency briefing notes, top-notes and similar documents created in the Minister’s office which contain information, advice or recommendations, including supporting documentation in relation to Departmental or agency briefings. any document containing the final decision of a Minister relating to matters of portfolio responsibility which is not otherwise recorded in a document produced or held by the Minister’s Department or agency	Required as State archives
2.2	Routine contact, liaison and correspondence between the Minister/Minister’s office and other government agencies such as agency newsletters, administrative arrangements for meetings, etc.	Retain until administrative or reference use ceases, then destroy

No.

Description of records

Disposal action

2.1

Records relating to advice received or provided to the Minister, actions taken or decisions made by the Minister in their capacity as a Minister, on matters relating to the Minister’s portfolio. Includes:

records of the development of Cabinet submissions and Bills as created or modified by the Minister’s office
correspondence between the Minister and other parties concerning Cabinet matters and matters of portfolio responsibility
records of the creation of new agencies, changes to the Minister’s portfolio responsibilities or changes to the functions of an agency within the Minister’s portfolio, including delegations of authority and appointments of officers pursuant to an Act
records of the involvement of the Minister in Parliamentary Committees, Royal Commissions, or Commissions/Committees of Inquiry where the Minister has been a member, was required to give evidence, or had any other close association, including the making of formal submissions
Significant inter-governmental and intra- governmental activities such as agreements, contracts, joint operations or joint ventures between Ministers, Ministers’ offices and other government entities, whether State, Interstate, Federal, international or the non-government sector
any determinations or appeals made by the Minister for legislation that they administer
ministerial representation on or establishment of boards, committees, councils, etc. Includes minutes, agendas, decisions, reports, recommendations, advice, ministerial approvals, appointments, resolutions and associated correspondence received by the Minister
legal advice or opinions received by the Minister, or litigation specific to the Minister’s portfolio which relates to matters that are precedent- setting, generate substantial public interest or controversy, or result in substantial changes to portfolio Department or agency policy and procedures
correspondence and briefings between the Minister and public offices, including other Ministers concerning issues of significance.
Issues of significance include those
relating to the development, implementation or review of government policy and legislation, including budgeting of new policy proposals or programs, and detailed background information
deliberations, decision-making, and actions on matters relating to the Minister exercising their statutory responsibilities with respect to their portfolio, including appointments, terminations and exercise of discretionary powers
attracting media attention, public controversy or debate, or resulting in parliamentary inquiries.
documents which have been significantly annotated by the Minister or the Ministerial office, and not returned to the Minister’s Department or agency
briefing notes, top-notes and similar documents created in the Minister’s office which contain information, advice or recommendations, including supporting documentation in relation to Departmental or agency briefings.
any document containing the final decision of a Minister relating to matters of portfolio responsibility which is not otherwise recorded in a document produced or held by the Minister’s Department or agency

Required as State archives

2.2

Routine contact, liaison and correspondence between the Minister/Minister’s office and other government agencies such as agency newsletters, administrative arrangements for meetings, etc.

Retain until administrative or reference use ceases, then destroy

3.0 Finance, IT, personnel and procurement

See the General retention and Disposal Authority: Administrative records (GA28) for records documenting:

the financial spend of allocations provided to a Minister’s Office (GA28 – Financial management e.g. 7.1.1 Records documenting financial transactions are required to be retained for a minimum of 7 years after the end of the financial year in which the transaction was completed, and can then be destroyed).
the management of Minister’s Office staff (GA28 Personnel), examples such as:
- Personnel files or Employee Service History - e.g. 15.4.1 records summarising the employment or service history of personnel are required as State archives
- Staff Development - e.g. 18.6.1 Final, approved versions of staff development plans are required to be retained for a minimum of 3 years after plan is superseded and can then be destroyed.
- the procurement of goods and services for or by a Minister’s Office, see the appropriate GA 28 classes such as:
GA28 Equipment and stores - e.g. 5.1.1 records relating to the acquisition of equipment and stores (quotations, orders) are required to be retained for a minimum of 7 years after the end of the financial year in which the transaction was completed, and can then be destroyed
GA 28 Contracting-out - e.g. 4.0.1. standard contracts or agreements with consultants, vendors, contractors, etc. are required to be retained for a minimum of 7 years after expiry or termination of agreement or after action completed, whichever is later, and can then be destroyed
GA 28 Tendering - e.g. 21.0.1 Successful tenders are required to be retained for a minimum of 7 years after tender process completed, and can then be destroyed. Unsuccessful tenders Responses received for RFQs/RFTs.

4.0 Normal administrative practice

The State Records Regulation 2024 permits the disposal of certain records under the Normal Administrative Practice (NAP):

Facilitative: records of little value and of a routine instructional nature that are used to further some activity. Most records that are facilitative have no continuing value to the public office and, generally, are only needed for a few hours or a few days.

Ephemeral: records of little value that only need to be kept for a limited or short period of time. Records that are ephemeral have no continuing value to the public office and, generally, are only needed for a few hours or a few days.

Examples include:

Drafts that are routine or only contain facilitative corrections
Working Papers such as dictation, calculations, statistics and figures, and rough notes
Duplicates that have been captured elsewhere in the public office
Facilitative instructions

However, where records have continuing value (i.e. administrative, business, fiscal, legal, evidential or historic) NAP does not apply. Records that contain significant information, decisions or advice that is not present in the final record cannot be disposed of under NAP.

Please see Schedule 2, State Records Regulation 2024 for a full list of examples.

5.0 Records not affected by this authority

The following types of records created or received in a Minister’s Office which are not affected by this Authority.

Cabinet Documents

Official Cabinet documents means all records managed by, stored in and retrieved from the Cabinet Branch electronic records management system and includes:

Cabinet and Cabinet committee agendas, submissions, attachments to submissions, agency comments, presentation documents, Ministerial and departmental advice on submissions, records of attendance and records of decisions.

Other documents which relate to Cabinet but are not considered to be official Cabinet documents should be retained in accordance with the relevant part of this retention and disposal authority.

Agency Records

It is expected that all registered agency records will be returned to the originating department or agency when no longer required, or treated in accordance with the agency’s directions.

Records made or received and kept by departmental liaison officers (DLOs) stationed in Ministerial offices are considered to be agency records and should be returned to the relevant agency or captured into the agency’s records systems.

Personal, Constituency and Party-Political Records

These are not State records and includes:

records relating to electoral or political party matters, including leadership, party organisation, party room affairs and appointments.
records relating to the private life, personal and social activities, engagements, interests and associations of the Minister.

Records relating to the Minister's constituency business and role as an elected member of Parliament are covered under the Functional retention and disposal authority: Parliament of NSW, including the Houses of Parliament and parliamentary departments (FA325).

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Type: Authority

Author: State Records NSW

Publication Date: 23 December 2002

Version: updated 16 July 2021

Tagged in

NSW GovernmentGovernment recordkeepingRetention and disposal authority

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