1.0 The Authority

1.1 Purpose of the Authority

This general retention and disposal authority describes the circumstances and conditions under which the destruction of certain original or source records is permitted under the provisions of the State Records Act 1998 after they have been copied.

1.2 Scope of records covered by the Authority

This authority applies to original or source records that have been copied, provided that the conditions for destruction have been met (see 1.3), and provided the records do not come within a category of excluded records (see 1.4).

This authority does not apply to digital records that have been migrated. Disposal coverage for these records is provided by the General retention and disposal authority: source records that have been migrated (GA48), which covers digital records from any business system that remain after a successful migration.

1.3 Conditions for destruction

The destruction of original or source records that have been copied is permitted subject to the following conditions:

• the original or source records do not come within one of the categories of excluded records listed below (see 1.4)
• the records are covered by an approved retention and disposal authority
• authentic, complete and accessible copies of the records are made
• the copies become the official record of the business of the agency and are kept in accordance with authorised retention requirements, and
• the original or source records are kept for quality control purposes for an appropriate length of time after copying.

Please read the Guidelines below before using this authority to destroy records.

1.4 Excluded records

The following records are excluded from the provisions of this authority and cannot be destroyed after copying:

1. records that are required as State archives that were created prior to 1980 or records required to be retained in agency. (Public offices wishing to copy and destroy the originals of records that fall within these categories should contact State Records NSW).
2. original film (including photographic negatives) or analogue audio-visual material that are required as State archives
3. State archives that have been retrieved or are on loan from the State archives collection or regional repositories. These records must be returned.
4. records subject to a legislative or Government policy requirement that the original record not be destroyed for example, letters patent signed by the Governor of New South Wales
5. records that are considered to have intrinsic value in their original format e.g. records that have a cultural, iconic, heritage or aesthetic value as a physical artefact
6. records documenting special circumstances personal information of high personal value to the subject of the record, for example, the records of children and young people removed from home (Care Leavers' records), but not childcare records.
7. source records that have been used as the input or source records for migration (see the General retention and disposal authority for source records that have been migrated).

See section 2.2 for further information about these exclusions.

1.5 Implementing this authority

Contact us at govrec@staterecords.nsw.gov.au for advice before undertaking back-capture projects that involve records that are required as State archives. We can assist with determining whether records fall within the exclusions categories and assist with advice about complying with conditions. Back-capture projects involve the retrospective digitisation of existing (mostly) paper records. There are a range of issues surrounding back-capture that should be considered – including the removal of fasteners that might compromise context, unbinding, etc.

If copying is being considered or undertaken because the original records have been severely damaged or are deteriorating you must contacts State Records NSW for advice.

Public offices wishing to copy and destroy the originals of records that are required as State archives or required to be retained in agency and which were created before 1 January 1980 must contact State Records NSW.

Public offices should bear in mind that authorisation for disposal is given in terms of the State Records Act 1998 only. This authority does not require public offices to destroy the originals of records after copying and care must be taken not to dispose of records in contravention of any additional legal responsibilities, obligations or business interests unique to a public office.

The approval given in this authority is for destruction only. Original or source records that have been approved for destruction under this authority cannot be sold or given away as this would constitute a breach of the State Records Act.

1.6 Status of this Authority

This Authority for the disposal of State records has been approved by the Board of the State Records Authority of New South Wales and may be implemented without further reference to State Records NSW.

Nevertheless, this Authority should be applied with caution, bearing in mind that the authorisations for disposal are given in terms of the State Records Act 1998 only, and that care must be taken not to dispose of records in contravention of any legal responsibilities or business interests unique to a public office.

1.7 How long is the Authority in force?

This Authority will remain in force until it is superseded or withdrawn from use by State Records NSW.

1.8 For more information

To suggest amendments or alterations to this Authority, or to obtain assistance in the interpretation or implementation of the Authority, contact State Records NSW.