You and the State Records Act

• What is the State Records Act?
• Which Agencies are Covered by the Act?
• What is an Official Record?
• Why are Official Records Important?
• What is Records Management?
• Can I Dispose of Official Records?
• What About Access?
• What is the Role of State Records?
• How can I get Assistance?
• What is the State Records Council?

The State Records Act, 1997 covers the requirements and responsibilities of State and Local Government in South Australia in the management of official records. This page provide answers to frequently asked questions about Government's responsibilities and obligations under the Act.

State Records of South Australia has also produced a Glossary of Records Management Terms relating to Adequate Records Management. This can be browsed for reference purposes at the link below.

Related Information:

• Adequate Records Management
• Glossary of Records Management Terms

What is the State Records Act?

The State Records Act, 1997 establishes the role of State Records as the principal repository for official records. The Act allows State Records to develop standards and issue guidelines relating to the management of official records.

The Act also outlines the responsibilities of Agencies to:

• ensure that the official records in their custody are maintained in good order and condition
• that official records are managed and not destroyed without a determination made by of State Records with the approval of the State Records Council, unless there is specific legislation requiring it.

Further information on the Act can be found in the Introduction to the State Records Act 1997.

Guidelines to assist State and Local Government in South Australia to achieve adequate records management. June 2002 Introduction to the State Records Act 1997 (133 KB PDF File)

Which Agencies are Covered by the Act?

All Agencies of the South Australian Government, both State and Local, are within the scope of the State Records Act.

As defined by the State Records Act, 1997, an Agency means:

• the Governor
• a Minister of the Crown or any instrumentality or Agency of the Crown
• a department or other administrative unit of the public service
• a municipal or district council
• a court or tribunal
• the police force
• a person or body declared to be an Agency
• a person who holds an office established by an Act
• an incorporated or unincorporated body established for a public purpose by or under an Act; or established subject to control or direction by the Governor.

What is an Official Record?

Every time we put pen to paper, create a document on a computer, write a memo, record official details, send a fax or e-mail we create a record.

There are many types of records, both hardcopy and electronic, that we can create. Examples are:

• disks and tapes
• databases
• photographs and films
• faxes
• correspondence
• memos
• reports
• word processing documents / spreadsheets / presentations
• e-mails
• web pages.

The State Records Act, 1997 defines a record as:

• written, graphic or pictorial matter
• a disk, tape, film or other object that contains information or from which information may be reproduced (with or without the aid of another object or device).

An Official Record is defined as information created, received, and maintained as evidence and information by an organisation (Agency) or person, in pursuance of legal obligations or in the transaction of business.

This does not include:

• a record made or received by an Agency for delivery or transmission to another person or body (other than an Agency) and so delivered or transmitted
• a record made by an Agency as draft only and not for further use or reference
• a record received into or made for the collection of a library, museum or art gallery and not otherwise associated with the business of the Agency
• a Commonwealth record as defined by the Archives Act, 1983 of the Commonwealth, as amended from time to time, or an Act of the Commonwealth enacted in substitution for that Act
• a record that has been transferred to the Commonwealth.

Related Information:

• Creating Official Records

Why are Official Records Important?

Official records are the Government's memory of decisions and transactions across a range of legal, business and social issues. Managing our records is critical to ensuring a capable, accountable government. Records are evidence as well as assets. Effective records management minimises risk to government and enables the provision of an efficient service to the public.

In addition to the legal and evidential role records play, official records also contribute to our State's heritage. Government plays a large role in the South Australian community; the official records generated in this capacity contribute to a better understanding of South Australia's past, present and future.

With these considerations in mind, it is extremely important that government Agencies / Authorities effectively manage their official records.

Related Information:

• Reliability of Official Records

What is Records Management?

Records management is the field of management responsible for the efficient and systematic control of the creation, receipt, maintenance, use and disposal of records including processes for capturing and maintaining evidence of and information about business activities and transactions in the form of records.

Capture
A deliberate action, which results in the registration of a record into a recordkeeping system. For certain business activities, this action may be designed into electronic systems so that capture of records is concurrent with the creation of the record.

Classification
The systematic identification and arrangement of business activities and / or records into categories according to logically structured conventions, methods and procedural rules represented in a classification system. The process enables records to be categorised in a systematic and consistent way to facilitate their capture, retrieval, maintenance and disposal.

Indexing
The process of establishing and applying terms or codes to records, to be used to retrieve them and to search for and analyse information in records across classifications.

Sentencing
The process of examining records, according to the appropriate disposal schedule or authority, to determine:

• how long they should be kept
• where they should be kept.

Sentencing of records is mandatory for all State and Local Government Agencies and is a required activity for all Agencies in order to comply with their legislative responsibilities under the State Records Act, 1997.

Disposal
The range of processes associated with implementing records retention, destruction or transfer decisions, which are documented in disposal authorities or other instruments.

Related Information:

• Capturing Official Records
• Classifying Official Records
• Finding Official Records
• Disposal of Official Records

Can I Dispose of Official Records?

Agencies need to ensure that official records are only disposed of in accordance with the State Records Act, 1997.

Records may be disposed of without breaching the State Records Act, 1997:

• by normal administrative practice (NAP)
• where disposal is required by legislation (other than the State Records Act, 1997)
• with the approval of disposal schedules.

The unauthorised destruction of or tampering with official records can have serious consequences for any Agency and / or individual. Fines and / or imprisonment can be recommended by the Director State Records for damage, alteration or disposal of records as specified under Section 17(1) of the State Records Act, 1997.

It can lead to the loss of valuable information and loss of trust in the reliability of your organisation, and may result in legal action. Losses also undermine good work done by employees. Risk management is part of the process in ensuring that this does not happen.

Related Information:

• Normal Administrative Practice - NAP
• Disposal of Official Records
• Disposal Schedules

What About Access?

The value of records becomes most evident when people are able to access them. The State Records Act, 1997 ensures that:

• Agencies have access to, and may make or direct such use of their official records held by State Records
• the public have access to the official records held by State Records.

Agency Access

The Agency responsible for official records in the custody of State Records can have access to its records and use them as it requires (section 25(1) of the Act). Placing official records into the custody of State Records does not mean that Agency access is limited or restricted. The only exceptions are that records in existence for 15 years or more cannot be resumed by the Agency, nor can they be kept by the Agency for longer than is necessary for consultation or other purposes (section 25(2a) of the Act). In some instances, conservation and preservation issues also need to be taken into consideration when allowing Agency access to their official records (section 25(2b) of the Act).

Public Access

Agencies, in consultation with the Manager [Director] of State Records, are responsible for granting public access to the official records held by State Records. This is done through the creation of Public Access Determinations. Such determinations need to take into consideration the protection of individuals' privacy, commercial and other sensitivities.

If a record is classified as restricted, the public may apply to the relevant Agency to gain limited permission on a case-by-case basis. They may also apply for access to records, in State Records custody, through a formal application under the Freedom of Information Act, 1991. All applications made under the Freedom of Information Act should be directed to the relevant agency responsible for the records.

Records, which are unrestricted or open, are available to be viewed by the general public in our Research Centres.

Related Information:

• Managing Access to Official Records
• Guidelines for Records Management
• Gepps Cross Research Centre
• City Research Centre and Training Facility

What is the Role of State Records?

State Records, which is part of the Department of the Premier and Cabinet, has a number of roles defined in the State Records Act, 1997, including:

• receiving official records into its custody
• ensuring the organisation, retention, conservation and repair of official records in its custody
• making determinations as to the disposal of official records
• publishing indexes of, and other guides to, the official records in the custody of State Records
• providing advice and assistance to Agencies in respect to their record management practices
• issuing standards and guidelines relating to record management and assist in ensuring that Agencies observe the best record management practices.

State Records facilitates and encourages better records management throughout Agencies, and monitors the adequacy of practice.

Related Information:

• Adequate Records Management
• Our Role

How can I get Assistance?

To find out more about how State Records of South Australia can help your Agency meet the obligations of the State Records Act, 1997, please contact us.

State Records offers a range of services to assist government Agencies to fulfil their obligations under the Act.

Further information can be found at the link below.

Related Information:

• Services for Government

What is the State Records Council?

The State Records Council consists of nine members, broadly representative of government, record keeping and archive professions, whose role is to:

• approve disposal of official records
• provide advice on policies for record management
• provide advice on access to official records.

Related Information:

• Members of the State Records Council