Taking or sending records out of NSW (GA50)

Overview

This authority provides approval for NSW public offices to take or send records out of NSW for certain purposes.

Implementing GA50

Follow the below link for guidance on:

• how to follow the conditions of GA50
• how to meet the requirement of the State Records Act for records created and stored out of NSW
• key considerations when making arrangements for storing or managing records with service providers out of NSW.

View GA50 guidance > 

1.1 Purpose of the Authority

Under section 21(1)(c) of the State Records Act 1998, State records cannot be taken or sent out of NSW without approval from State Records NSW.

The purpose of this Authority is to provide approval for NSW public offices to take or send records out of NSW for certain purposes, including:

• remediation of damaged and deteriorating physical records by service providers based outside of NSW but within Australia
• conservation or preservation of physical records by service providers based outside of NSW but within Australia
• digitisation or copying of physical records by service providers based outside of NSW but within Australia
• storage of physical records with service providers based outside of NSW but within Australia
• storage of digital records with service providers whose data management facilities or servers are based outside of NSW, and in certain cases, outside of Australia e.g. universities with international campuses. This includes public and private cloud services
• the display of original State records in exhibitions outside of NSW but within Australia.

The Authority applies to all records, irrespective of format, including data and digital assets.

This Authority establishes the conditions under which approval for this practice is given.

1.2 Authorisation

The taking or sending of records out of NSW is approved provided that the conditions listed below are met:

• an appropriate risk assessment has been made and the risks involved in taking or sending records out of NSW have been addressed. This includes physical risks to hard copy records and cyber security risks to digital records
• the records are managed in accordance with all the requirements applicable to records under the State Records Act.
• the records are covered by a current retention and disposal authority
• the records are accessible because they are adequately controlled (i.e. sufficiently described or tagged with metadata in compliance with standards issued by State Records NSW)
• the ownership of the records remains with the public office
• contractual arrangements and controls are in place to ensure the safe custody and proper preservation of records
• the service provider’s facilities and services conform to requirements in standards issued by State Records NSW
• the arrangements are monitored to ensure the service provider is meeting relevant requirements
• arrangements are made for State archives that are no longer in use for official purposes to be  transferred to Museums of History NSW after remediation, conservation, preservation, digitisation or copying. State archives that are no longer in use for official purposes should not be taken or sent out of NSW solely for storage purposes as these records can be transferred to the custody of Museums of History NSW.
• a loan agreement is in place for the taking or sending of original records out of NSW for exhibitions or display. Approval is needed from Museums of History NSW for taking or sending of State archives that are no longer in use for official purposes out of NSW for exhibitions or displays. Items in the State archives collection can be taken or sent out  of NSW for exhibitions or displays provided that the above conditions are met and a loan agreement is in place.
   

1.3 Records excluded from this Authority

This Authority does not apply to:

• Records created outside of NSW, including outside of Australia: The State Records Act requires permission for the taking or sending of a State record outside of NSW, but is silent on the creation of records outside of NSW. Public offices such as universities with international campuses and those involved in overseas trade missions have staff working and creating records outside of NSW and Australia. In these cases, public offices should ensure that the records are managed in accordance with all the requirements applicable to records under the State Records Act, and with other requirements that would apply under privacy legislation, access to Government information legislation and cyber security policies.
• Records taken interstate temporarily for business purposes e.g. for a business meeting: These are covered under the Normal Administrative Practice (NAP) provisions of the State Records Act. For more information see Normal administrative practice.
• The taking or sending of records out of NSW for storage in private residences: If staff are relocating outside of NSW to work from home, the original records should be retained in NSW and a copy provided to the staff member. This is to ensure that the only copy of a record is not lost in a natural disaster, fire, theft etc. Private residences tend not to have the same level of security and fire safety as commercial storage premises. Public offices should ensure that records created by staff outside of NSW in private residences are managed according to the State Records Act. It is expected that most records created outside of NSW are digital and retained in the organisation’s recordkeeping system, or hard copy records that are covered by NAP such as notes.
• Records to be taken or sent out of the State of NSW as a result of the transfer of administrative responsibility: If a function or service is transferred to the Commonwealth or another State or Territory government or to a non-government body or organisation, separate authorisation is required from State Records NSW to approve the transfer of ownership or other arrangements. 

1.4 Status of this Authority

This Authority for the taking or sending of records outside of the State of NSW has been approved by the Board of the State Records NSW and may be implemented without further reference to State Records NSW.

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

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