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The NSW State Records Act 1998
Overview
The State Records Act (SR) 1998 is designed to:
- ensure the better management of Government records throughout their existance
- promote more efficient and accountable government through improved recordkeeping
- provide better protection for an important part of the State's cultural heritage
The Act replaces the Archives Act 1960 and established the State Records Authority of NSW located in Sydney. The Act covers a wide range of public sector bodies including local government agencies. The Act requires public offices to ensure compliance with regard to;
- making and keeping full and accurate records
- developing a records management program in accordance with standards and codes of best practice for records management
- ensuring the safe custody and proper preservation of State records
- maintaining accessibility to electronic records
The purpose of Part. 6 of the Act is to ensure a balance between the protection of sensitivity in records for as long as necessary on the one hand and the rights of people of New South Wales to access State records on the other.
There is an explicit presumption that records that are at least thirty (30) years old should be open to public access. This ensures the protection of any confidential or sensitive personal information in records. Any assessment as to whether records should be open or closed to public access must have regard to the presumption that records should be opened to public access after this period.
The Act requires public offices to give an access direction (whether the records are open or closed) for all their records that are at least thirty (30) years old in what is described as the "open access period". Public Offices such as Maitland City Council have applied this access direction to the records held in this open access period. For further details on those access directions please refer to the Open Access Notifications listed below.
What sort of Information can I seek?
You can ask for any kind of record that is identified to have an open access notification in the open access period. The open access period relates to those records older than thirty (30) years.
Applying for Information
Council requires an Access to Information Application Form - s.12 LGA 1993 (PDF - 83 KB) to be completed before access can be granted in certain circumstances depending on the record you are requesting to access.
Every day Council responds to requests for general information from the public. You should always request the information in the first instance, and a Council officer will advise you if an Access to Information application form is required. Documents can relate to hard copy records, computer generated, maps, photographs, tape recordings and video recordings.
The application form is available online or from Council's Customer Service counter. In your application, please provide as much information as possible about the documents you wish to access. If you are unsure, Council's Public Officer will assist you to identify the documents.
What Fees are Payable?
Where practicable Council will deal with requests to inspect documents in accordance with the Act free of charge but a reasonable photocopying fee may be payable if you require a copy of the document. All photocopying charges are detailed in Council's Revenue Policy (PDF - 776 KB) available online or at Council's Customer Service counter.
Copies of documents are provided for information purposes only and are provided by Council to meet its requirements under relevant legislation. Copyright laws still apply to each document. The copyright-owner's consent is required if any part of the document is to be used for any other purpose.
Processing of Access to Information Applications
Your application will be processed as quickly as possible by Council's Public Officer. You will be notified in writing once your application has been assessed.
How Long will my application take?
You will be advised in writing within seven (7) days whether you will be able to access the requested records.
Contact Details:
Maitland City Council
Contact Person: Council's Public Officer Mr Graeme Tolhurst
Visit: 285 - 287 High Street Maitland
Phone: (02) 49349700
Mail: PO Box 220 Maitland NSW 2320
Email: mcc@maitland.nsw.gov.au
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