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Recording GovernmentYou and the State Records ActOn This Page
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 Terms relating to adequate records management. This can be browsed for reference purposes at the link below. Related Information:
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:
Further information on the Act can be found in Introduction to the State Records Act 1997. Guideline to provide State and Local Government in South Australia with an overview of the State Records Act and its implications for agencies.
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, 1997. As defined by the Act, an agency means:
What is a 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:
The State Records Act, 1997 defines a record as:
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What is an official record?An official record is defined as a record made or received by an agency in the conduct of its business. This does not, however, include:
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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, both State and Local, effectively manage their official records. Related Information:
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. Related Information:
Can agencies 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 Act:
The unauthorised destruction of or tampering with official records can have serious consequences for any agency and/or individual. Under section 17 of the State Records Act, 1997, unauthorised and intentional damage, alteration or disposal of an official record is an offence and fines and/or imprisonment can be imposed. The loss of valuable information can lead to a loss of trust in the reliability of your agency, 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:
What about access?The value of official records becomes most evident when people are able to access them. The State Records Act, 1997 ensures that:
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 official records (section 25(2b) of the Act). Public access Agencies, in consultation with the 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 this 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:
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:
State Records facilitates and encourages better records management throughout agencies, and monitors the adequacy of practice. State Records also administers the Freedom of Information Act, 1991 and supports the Privacy Committee of South Australia in administering the Information Privacy Principles (IPPs). Related Information:
How can agencies 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:
What is the State Records Council?The State Records Council consists of nine members, broadly representative of government, recordkeeping, archive and historian professions. The Council's role is to:
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Clicking certain links on this page will transfer you, in a new window, to a non-State Records of South Australia Web site that is solely under the control of a party unaffiliated with State Records of South Australia. State Records of South Australia shall not be responsible for any content, product, or service offered on such Web sites. |
Introduction to the State Records Act, 1997 (128 KB PDF File)
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