{"id":"nsw:sl-2024-0419","name":"State Records Regulation 2024","slug":"state-records-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"419 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174544,"registerId":"nsw-sl-2024-0419-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [State Records Regulation 2024](/view/html/inforce/current/sl-2024-0419).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [State Records Regulation 2015](/view/html/repealed/current/sl-2015-0505), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [State Records Act 1998](/view/html/inforce/current/act-1998-017).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed State collecting institutions","content":"#### 4 Prescribed State collecting institutions\n\n4 Prescribed State collecting institutions\n\n> For the Act, section 3(1), definition of State collecting institution, paragraph (j), each of the following institutions is prescribed—\n> \n> > (a) a university, but only in relation to private records in a research library or archives collection,\n> \n> > (b) a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), but only in relation to private records in a local studies or similar collection,\n> \n> > (c) the Greater Sydney Parklands Trust,\n> \n> > (d) Venues NSW,\n> \n> > (e) the Parliament of New South Wales,\n> \n> > (f) Place Management NSW,\n> \n> > (g) The Trustees of the Anzac Memorial Building.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exceptions to operation of the Act, Part 3","content":"#### 5 Exceptions to operation of the Act, Part 3\n\n5 Exceptions to operation of the Act, Part 3\n\n> For the Act, section 21(2)(b), anything that is authorised or required to be done by or under a provision of an Act specified in Schedule 1 is prescribed as an exception to the Act, Part 3.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Guidelines on what constitutes normal administrative practice","content":"#### 6 Guidelines on what constitutes normal administrative practice\n\n6 Guidelines on what constitutes normal administrative practice\n\n> For the Act, section 22(3), the guidelines on what constitutes normal administrative practice set out in Schedule 2 are prescribed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Transfer of State records to Museums of History NSW","content":"#### 7 Transfer of State records to Museums of History NSW\n\n7 Transfer of State records to Museums of History NSW\n\n> For the Act, section 32(4), the arrangements and requirements set out in Schedule 3 are prescribed.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Prescribed persons","content":"#### 8 Prescribed persons\n\n8 Prescribed persons\n\n> For the Act, section 73(5)(e), the following persons are prescribed—\n> \n> > (a) Museums of History NSW,\n> \n> > (b) the Information and Privacy Commission,\n> \n> > (c) the Law Enforcement Conduct Commission,\n> \n> > (d) a person carrying out the functions of the Office of Local Government.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Savings","content":"#### 9 Savings\n\n9 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [State Records Regulation 2015](/view/html/repealed/current/sl-2015-0505), had effect under that regulation continues to have effect under this regulation.","sortOrder":8},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions excepted from operation of the Act, Part 3—the Act, s 21(2)(b)","content":"# Schedule 1 Provisions excepted from operation of the Act, Part 3—the Act, s 21(2)(b)\n\nSchedule 1 Provisions excepted from operation of the Act, Part 3—the Act, s 21(2)(b)\n\nsection 5","sortOrder":9},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Guidelines on what constitutes normal administrative practice—the Act, s 22(3)","content":"# Schedule 2 Guidelines on what constitutes normal administrative practice—the Act, s 22(3)\n\nSchedule 2 Guidelines on what constitutes normal administrative practice—the Act, s 22(3)\n\nsection 6","sortOrder":13},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":14},{"sectionNumber":"Part 2","sectionType":"part","heading":"Drafts","content":"# Part 2 Drafts\n\nPart 2 Drafts","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Working papers and records","content":"# Part 3 Working papers and records\n\nPart 3 Working papers and records","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Duplicates of records","content":"# Part 4 Duplicates of records\n\nPart 4 Duplicates of records","sortOrder":25},{"sectionNumber":"10","sectionType":"section","heading":"Duplicates that must not be disposed of","content":"#### 10 Duplicates that must not be disposed of\n\n10 Duplicates that must not be disposed of\n\n> The following duplicates must not be disposed of—\n> \n> > (a) a duplicate of a record sourced from outside the public office,\n> > \n> > Example of a duplicate sourced from outside the public office—\n> > \n> > a duplicate of a document held by the public office that has been sent to the public office by a member of the public under cover of correspondence in which the member of the public is making submissions or comments in relation to the duplicate, in which case the duplicate would be appropriate to capture to accurately reflect what version of the record the member of the public was commenting on\n> \n> > (b) a duplicate of an internal record of the public office that forms part of another record.\n> > \n> > Example of an internal record of the public office that forms part of another record—\n> > \n> > an authorised copy of a document sent from the central office of the public office to a regional office of the public office","sortOrder":27},{"sectionNumber":"11","sectionType":"section","heading":"Duplicates that may be disposed of","content":"#### 11 Duplicates that may be disposed of\n\n11 Duplicates that may be disposed of\n\n> The following duplicates may be disposed of—\n> \n> > (a) a duplicate of a record kept in the public office’s business system if the duplicate is being kept or used only for reference purposes,\n> > \n> > Examples of duplicates kept or used only for reference purposes—\n> > \n> > duplicates of correspondence, a report or a memo of another record already kept in the public office’s business system\n> \n> > (b) duplicates of publications.\n> > \n> > Examples of publications—\n> > \n> > annual reports, price lists, trade journals, catalogues, brochures and leaflets published by the public office that are available externally and captured in the public office’s business systems","sortOrder":28},{"sectionNumber":"Part 5","sectionType":"part","heading":"Computer support records","content":"# Part 5 Computer support records\n\nPart 5 Computer support records","sortOrder":29},{"sectionNumber":"12","sectionType":"section","heading":"Definition","content":"#### 12 Definition\n\n12 Definition\n\n> In this part—\n> \n> computer support record means a record that relates primarily to the use, or that supports the operation, of business systems and other applications or processes.","sortOrder":30},{"sectionNumber":"13","sectionType":"section","heading":"Computer support records that must not be disposed of","content":"#### 13 Computer support records that must not be disposed of\n\n13 Computer support records that must not be disposed of\n\n> A computer support record must not be disposed of if the record—\n> \n> > (a) contains significant information, including significant decisions, discussions, reasons and actions relating to the public office’s functions or activities, or\n> \n> > (b) may be needed as information about, or evidence of, the public office’s functions or activities.\n> > \n> > Examples—\n> > \n> > audit trails or other electronic data that may be required as evidence of an activity or function carried out by the public office","sortOrder":31},{"sectionNumber":"14","sectionType":"section","heading":"Computer support records that may be disposed of","content":"#### 14 Computer support records that may be disposed of\n\n14 Computer support records that may be disposed of\n\n> > (1) A computer support record may be disposed of if the record—\n> > \n> > > (a) has been acted on or superseded, and\n> > \n> > > (b) is not required for any ongoing business requirements of the public office.\n> \n> > (2) Without limiting guideline 14(1), the following computer support records may be disposed of—\n> > \n> > > (a) input and output formats, including the following—\n> > > \n> > > > (i) error or control reports,\n> > > \n> > > > (ii) input forms for data entry,\n> > > \n> > > > (iii) output used for checking and verifying,\n> > > \n> > > > (iv) regular batch reports,\n> > > \n> > > > (v) system reports,\n> > > \n> > > > (vi) transaction reports used for checking and control purposes,\n> > \n> > > (b) reference copies of user manuals and similar documents,\n> > \n> > > (c) superseded computer logs,\n> > \n> > > (d) superseded or obsolete computing software,\n> > \n> > > (e) system back-ups,\n> > \n> > > (f) test data,\n> > \n> > > (g) data held in a business system that mirrors the primary records storage system held in a cloud storage environment,\n> > \n> > > (h) duplicate data entries in systems or applications,\n> > \n> > > (i) empty files or folders, being files with no content and zero length or folders comprising only empty files or otherwise being folders with no content and zero length, that were created in error.","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"Facilitating instructions","content":"# Part 6 Facilitating instructions\n\nPart 6 Facilitating instructions","sortOrder":33},{"sectionNumber":"15","sectionType":"section","heading":"Definition","content":"#### 15 Definition\n\n15 Definition\n\n> In this part—\n> \n> facilitating instructions means records that contain routine or facilitative instructions to officers of a public office relating to the public office’s functions or activities.","sortOrder":34},{"sectionNumber":"16","sectionType":"section","heading":"Facilitating instructions that must not be disposed of","content":"#### 16 Facilitating instructions that must not be disposed of\n\n16 Facilitating instructions that must not be disposed of\n\n> > (1) Facilitating instructions must not be disposed of if the record—\n> > \n> > > (a) contains significant information, including significant decisions, discussions, reasons and actions related to the public office’s functions or activities, or\n> > \n> > > (b) has continuing value to the public office or has otherwise been identified as being important to the public office, or\n> > \n> > > (c) relates to matters that have policy, legislative or procedural implications for the public office or the State.\n> \n> > (2) Without limiting guideline 16(1)(b), facilitating instructions that have continuing value include records that are part of a business transaction.","sortOrder":35},{"sectionNumber":"17","sectionType":"section","heading":"Facilitating instructions that may be disposed of","content":"#### 17 Facilitating instructions that may be disposed of\n\n17 Facilitating instructions that may be disposed of\n\n> > (1) Facilitating instructions may be disposed of if the record is ephemeral.\n> \n> > (2) Without limiting guideline 17(1), facilitating instructions that relate only to any of the following matters are ephemeral—\n> > \n> > > (a) correcting typing errors in a record,\n> > \n> > > (b) creating or retrieving a file,\n> > \n> > > (c) filing a letter,\n> > \n> > > (d) formatting a record,\n> > \n> > > (e) creating or updating internal distribution lists for informational purposes,\n> > \n> > > (f) making or producing duplicates.","sortOrder":36},{"sectionNumber":"Part 7","sectionType":"part","heading":"Outgoing correspondence","content":"# Part 7 Outgoing correspondence\n\nPart 7 Outgoing correspondence","sortOrder":37},{"sectionNumber":"18","sectionType":"section","heading":"Definitions","content":"#### 18 Definitions\n\n18 Definitions\n\n> In this part—\n> \n> authorised copy, of outgoing correspondence, is the version of the correspondence authorised by a public office as the version that may be sent to persons outside the public office.\n> \n> outgoing correspondence is physical or electronic correspondence that—\n> \n> > (a) relates to a public office’s ordinary business activities, and\n> \n> > (b) is intended to be sent from the public office to persons outside the public office.","sortOrder":38},{"sectionNumber":"19","sectionType":"section","heading":"Requirements in relation to outgoing correspondence","content":"#### 19 Requirements in relation to outgoing correspondence\n\n19 Requirements in relation to outgoing correspondence\n\n> > (1) Outgoing correspondence from a public office must not be sent unless—\n> > \n> > > (a) there is an authorised copy of the outgoing correspondence, and\n> > \n> > > (b) the authorised copy is appropriately captured in the public office’s business system.\n> \n> > (2) Authorised copies of outgoing correspondence must not be disposed of.","sortOrder":39},{"sectionNumber":"Part 8","sectionType":"part","heading":"Messages","content":"# Part 8 Messages\n\nPart 8 Messages","sortOrder":40},{"sectionNumber":"20","sectionType":"section","heading":"Definition","content":"#### 20 Definition\n\n20 Definition\n\n> In this part—\n> \n> message includes a message in electronic form.\n> \n> Examples of messages in electronic form—\n> \n> > • email,\n> \n> > • voicemail,\n> \n> > • SMS,\n> \n> > • instant messages, such as messages on Whatsapp or Facebook Messenger,\n> \n> > • posts via social media channels,\n> \n> > • facsimiles,\n> \n> > • telephone messages,\n> \n> > • transmission reports.","sortOrder":41},{"sectionNumber":"21","sectionType":"section","heading":"Messages that must not be disposed of","content":"#### 21 Messages that must not be disposed of\n\n21 Messages that must not be disposed of\n\n> Messages that have continuing value to the public office must not be disposed of.","sortOrder":42},{"sectionNumber":"22","sectionType":"section","heading":"Messages that may be disposed of","content":"#### 22 Messages that may be disposed of\n\n22 Messages that may be disposed of\n\n> Messages that may be disposed of include the following—\n> \n> > (a) messages that are ephemeral,\n> \n> > (b) messages that are an identical copy of messages already kept in the public office’s business system,\n> \n> > (c) messages that otherwise have little or no importance to the public office, including system reminders or alerts.","sortOrder":43},{"sectionNumber":"Part 9","sectionType":"part","heading":"Stationery","content":"# Part 9 Stationery\n\nPart 9 Stationery","sortOrder":44},{"sectionNumber":"23","sectionType":"section","heading":"Stationery that may be disposed of","content":"#### 23 Stationery that may be disposed of\n\n23 Stationery that may be disposed of\n\n> Unused stationery items may be disposed of.\n> \n> Examples of stationery items—\n> \n> letterheads, volumes and forms","sortOrder":45},{"sectionNumber":"Part 10","sectionType":"part","heading":"Solicited and unsolicited advertising material","content":"# Part 10 Solicited and unsolicited advertising material\n\nPart 10 Solicited and unsolicited advertising material","sortOrder":46},{"sectionNumber":"24","sectionType":"section","heading":"Definition","content":"#### 24 Definition\n\n24 Definition\n\n> In this part—\n> \n> solicited and unsolicited advertising material means advertising and other material known as “junk mail”, including the following—\n> \n> > (a) advertising flyers,\n> \n> > (b) brochures,\n> \n> > (c) catalogues,\n> \n> > (d) price lists.","sortOrder":47},{"sectionNumber":"25","sectionType":"section","heading":"Disposal of solicited and unsolicited advertising material","content":"#### 25 Disposal of solicited and unsolicited advertising material\n\n25 Disposal of solicited and unsolicited advertising material\n\n> > (1) Solicited and unsolicited advertising material may be disposed of.\n> \n> > (2) However, some catalogues may need to be kept with, or placed on, the relevant equipment or kept or stored in files relating to the purchase of equipment.","sortOrder":48},{"sectionNumber":"Part 11","sectionType":"part","heading":"Temporarily taking records out of the State","content":"# Part 11 Temporarily taking records out of the State\n\nPart 11 Temporarily taking records out of the State","sortOrder":49},{"sectionNumber":"26","sectionType":"section","heading":"Records may be temporarily taken out of the State","content":"#### 26 Records may be temporarily taken out of the State\n\n26 Records may be temporarily taken out of the State\n\n> > (1) An authorised person may temporarily take a record out of the State for the purposes of conducting the public office’s official business.\n> \n> > (2) The authorised person must ensure the record—\n> > \n> > > (a) is relevant or necessary to the conduct of the official business, and\n> > \n> > > (b) remains in the authorised person’s custody during the course of the official business, and\n> > \n> > > (c) is returned to the public office when the record is no longer required for the conduct of the official business.\n> \n> > (3) In this guideline—\n> > \n> > authorised person means a person authorised by a public office to exercise the functions of the public office for the purposes of the official business.","sortOrder":50},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Transfer of State records to Museums of History NSW","content":"# Schedule 3 Transfer of State records to Museums of History NSW\n\nSchedule 3 Transfer of State records to Museums of History NSW\n\nsection 7","sortOrder":51}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation replaces the 2015 regulation but contains a savings clause preserving acts, matters and things that had effect under the prior regulation (s 9). It updates prescribed institutions, exceptions and procedural rules (including transfer plans to Museums of History NSW) while maintaining continuity of existing regulatory effect rather than removing previously effective measures."},"complexity_factors":["Detailed, category-based retention/disposal guidance using evaluative criteria—terms like 'significant', 'continuing value' and 'ephemeral' require judgment by agencies (Schedule 2, guidelines 4–17, 21).","Extensive cross-references to many other Acts and specific provisions that are excepted from the Act's Part 3, increasing legal interplay and interpretation needs (Schedule 1).","Mandatory transfer regime to Museums of History NSW requiring approved transfer plans, fixed submission deadlines, 5-year review cycles and a power for Museums to require earlier revision (Schedule 3, ss 2–7).","Prescribes specific institutions and prescribed persons with limited scopes (universities, councils, Greater Sydney Parklands Trust, Venues NSW, Parliament, Place Management NSW, Trustees of the Anzac Memorial; s 4; s 8).","Operational requirements to capture authorised outgoing correspondence and integrate records into a public office's business system, with broad definitions covering software, databases and electronic data (Schedule 2, definitions; Part 7 s 19).","Transition/savings provision preserves existing effects of the prior regulation, creating layering of obligations to interpret (s 9).","Administrative discretion and compliance burden: Museums may request further information, specifying timing and format, and public offices must comply (Schedule 3, s 7).","Numerous technical record categories (drafts, working papers, duplicates, computer-support records, messages, stationery, advertising material) with many examples that affect operational recordkeeping processes (Schedule 2, Parts 2–11)."],"plain_english_summary":"This regulation replaces the previous State Records regulation and sets who counts as a State collecting institution, which records and actions are excepted from Part 3, and detailed rules for what public offices must keep, may discard, or must transfer. It also creates a mandatory transfer process to Museums of History NSW with timelines and information requirements. The rules affect public offices, prescribed collecting institutions, Museums of History NSW and certain oversight bodies because they impose record-keeping, disposal and transfer obligations that change compliance and administrative practice."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation changed from its original intent. It appears to be a standard remake or continuation of subordinate legislation supporting the State Records Act 1998, with no amendments recorded since commencement on 23 August 2024."},"complexity_factors":["Only metadata and status information was provided — no substantive regulatory content is visible, limiting analysis","The regulation sits within a broader legislative framework (State Records Act 1998 and Subordinate Legislation Act 1989), requiring cross-referencing to fully understand","Staged repeal mechanism adds a time-limited dimension that requires awareness of the Subordinate Legislation Act 1989 sunset provisions"],"plain_english_summary":"This regulation implements the operational rules supporting the State Records Act 1998, directing how NSW government agencies must manage, store and preserve official records. It primarily affects public agencies and officials, and indirectly the public by shaping access, accountability and historical preservation.\n\nNote: only the regulation’s status and metadata were provided here, so the specific substantive requirements cannot be reviewed. It is scheduled to repeal on 1 September 2029."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with the original intent of the State Records Act 1998. It updates the 2015 version with modernised guidance (explicitly covering social media, instant messages, cloud storage, and mobile applications) and adjusts institutional names (replacing State Records Authority with Museums of History NSW where appropriate). The core scope—prescribing institutions, exceptions, and disposal guidelines—remains aligned with the parent Act's framework."},"complexity_factors":["Moderate length with 3 schedules and 11 parts in Schedule 2 alone","Multiple defined terms (approximately 15-20 specific definitions across the regulation, plus reliance on defined terms from the parent Act and Interpretation Act 1987)","Nested conditional logic in disposal guidelines (e.g., 'may be disposed of if X, unless Y, except where Z')","Cross-references to approximately 15+ other Acts in Schedule 1 alone","Multiple exceptions to general rules (Part 3 of the Act doesn't apply to certain fingerprint/surveillance destruction provisions)","Dual structure: operative provisions (sections 1-9) plus extensive guidelines in Schedule 2 with parallel 'must not' and 'may' provisions for each record type","Temporal conditions in Schedule 3 (5-year review cycles, specific deadlines for existing vs new public offices)"],"plain_english_summary":"This regulation sets the rules for how NSW government agencies (called 'public offices') manage their records—everything from emails and drafts to databases and official correspondence.\n\n**What it does:**\n- **Lists special institutions** (like universities, councils, and Venues NSW) that must look after certain private records as if they were official State records.\n- **Creates exceptions** to normal record-keeping rules for specific situations—mostly around destroying fingerprints, palm prints, and surveillance records required by other laws (like the Casino Control Act or Crimes Act).\n- **Provides detailed guidelines** on what government staff can throw away versus what they must keep. This covers:\n  - **Drafts** of documents (keep if they show important decisions; bin if they're just typos)\n  - **Working papers** (keep if they contain unique information; bin if they're just background material)\n  - **Duplicates** (keep if from outside sources; bin if just internal copies)\n  - **Computer records** (keep audit trails; bin old system backups)\n  - **Emails and messages** (keep if important; bin spam and ephemeral chats)\n  - **Junk mail and unused stationery** (can be binned)\n- **Sets up a system** for transferring historically important records to Museums of History NSW, requiring agencies to submit transfer plans every 5 years.\n- **Names specific bodies** (like the Information and Privacy Commission) that have special access to records.\n\n**Who it affects:**\n- All NSW government agencies and public sector workers who create or handle records\n- Universities, local councils, and other institutions holding specific private collections\n- Museums of History NSW, which receives historical records\n\n**Why it matters:**\nGovernment creates enormous amounts of information daily. This regulation tries to balance **accountability** (keeping evidence of decisions) with **practicality** (not drowning in drafts and spam). It ensures important history isn't lost while allowing agencies to dispose of routine clutter. The fingerprint destruction rules reflect privacy protections—ensuring biometric data gets deleted when legally required, even if general record-keeping rules would normally say 'keep everything'."}},"importantCases":[],"_links":{"self":"/api/acts/state-records-regulation-2024","history":"/api/acts/state-records-regulation-2024/history","analysis":"/api/acts/state-records-regulation-2024/analysis","conflicts":"/api/acts/state-records-regulation-2024/conflicts","importantCases":"/api/acts/state-records-regulation-2024/important-cases","documents":"/api/acts/state-records-regulation-2024/documents"}}