State Records Act 1997

This Act may be cited as the State Records Act 1997.

In this Act, unless the contrary intention appears—

agency means—

the Governor; or

a Minister of the Crown; or

a court or tribunal; or

a person who holds an office established by an Act; or

an incorporated or unincorporated body—

established for a public purpose by or under an Act; or

established or subject to control or direction by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown; or

a department or other administrative unit of the public service; or

the police force; or

a municipal or district council; or

a person or body declared by the regulations to be an agency, and includes a former agency and an agency that ceased to exist before the commencement of this Act, but does not include—

a House of Parliament or a committee of the Parliament or a House of Parliament; and

a present or former officer of a House of Parliament; and

a present or former member of a House of Parliament (other than a Minister in respect of records made or received in his or her capacity as a Minister); and

a present or former member of the staff of a House of Parliament or the joint parliamentary service;

Council means the State Records Council established under Part 4;

dispose of an official record means—

destroy or abandon the record; or

carry out an act or process as a result of which it is no longer possible or reasonably practicable to reproduce the whole or a part of the information contained in the record; or

transfer or deliver ownership or possession of or sell the record, or purport to do so, but does not include to transfer or deliver the record to State Records or between one agency and another;

Manager means the Manager of State Records;

official record means a record made or received by an agency in the conduct of its business, but 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; or

a record made by an agency as a draft only and not for further use or reference; or

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; or

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; or

a record that has been transferred to the Commonwealth;

record means—

written, graphic or pictorial matter; or

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);

record management includes the manner in which records are created;

State Records means the office of State Records established under Part 3.

For the purposes of this Act, a reference to a record includes a reference to—

a part of a record; and

a copy of a record; and

an object or matter that—

is attached or annexed to a record; or

is reasonably required in order to interpret, explain or comprehend a record; or

usually accompanies, or comprises a part of, a record, but does not include a reference to an object or device used to produce or record a record, or used to reproduce information contained in a record.

For the purposes of this Act, a reference to the agency responsible for an official record in the custody of State Records is a reference to—

the agency from which the record was received into the custody of State Records; or

if that agency has ceased to exist, the agency (if any) that has succeeded to the functions of that former agency; or

if that agency has ceased to exist and no other agency has succeeded to the functions of that former agency—

the agency (if any) nominated by the Minister under the Freedom of Information Act 1991 as the agency on which the responsibilities of the former agency under that Act will devolve; or

in the absence of such a nomination, State Records.

For the purposes of this Act, a record will be taken to have come into existence on 31 December of the year in which it came into existence.

The Governor may, by regulation, exclude or modify the application of this Act to agencies or official records.

The objects of this Act are—

to establish the office of State Records—

as the principal repository for official records that are no longer required for current administrative purposes; and

with general responsibility under the Minister for the administration of this Act; and

to ensure that official records of enduring evidential or informational value are preserved for future reference; and

to promote the observance of best practices by agencies in their management of official records; and

to ensure that each agency is afforded prompt and efficient access to official records in the custody of State Records for which the agency is responsible; and

to ensure that members of the public have ready access to official records in the custody of State Records subject only to exceptions or restrictions that—

would be authorised under the Freedom of Information Act 1991 or Part 5A of the Local Government Act 1934; and

are required—

• for protection of the right to privacy of private individuals or on other grounds that have continued relevance despite the passage of time since the records came into existence; or

• for the preservation of the records or necessary administrative purposes.

This Act must be administered and standards must be formulated and determinations and decisions made under this Act so as to give effect to the objects set out in subsection (1).

There is to be an office of State Records.

State Records is to consist of—

the Manager of State Records who is to be a Public Service employee; and

other Public Service employees assigned or appointed to assist the Manager.

State Records has the following functions:

to receive official records into its custody in accordance with this Act;

to ensure the organisation, retention, conservation and repair of official records in its custody;

to make determinations (with the approval of the Council) as to the disposal of official records under this Act;

to publish, or assist in the publication of, indexes of, and other guides to, the official records in the custody of State Records or official records whose delivery into State Records' custody has been postponed or is subject to an exemption granted by the Manager;

to provide for public and agency access to the official records in the custody of State Records in accordance with this Act;

to assist in identifying official records in the custody of State Records the disclosure of which might constitute a contravention of aboriginal tradition;

to provide advice and assistance to agencies with respect to their record management practices;

to issue standards (following consultation with the Council) relating to record management and assist in ensuring that agencies observe the best record management practices;

to promote awareness of State Records and its functions;

to perform any other functions assigned to State Records by this or any other Act or by the Minister.

The Manager may, by instrument in writing, delegate to a suitable person powers or functions of the Manager under this or any other Act.

A delegation under this section—

is revocable at will; and

does not prevent the Manager from acting personally in the matter.

The State Records Council is established.

The Council is to consist of nine persons appointed by the Minister, of whom—

one will be a historian nominated by the Minister to whom the administration of the History Trust of South Australia Act 1981 is committed after consultation with academic historians from South Australian tertiary education institutions; and

one will be a person eligible for professional membership of the Australian Society of Archivists; and

one will be a person eligible for membership of the Records Management Association of Australia; and

one will be the chief executive of an agency nominated by the Commissioner for Public Sector Employment, or a delegate of the chief executive; and

one will be a person with experience in local government (who may, but need not, be a member or officer of a council) nominated by the Local Government Association of South Australia; and

one will be a person with practical business experience; and

one will be a person nominated by the Chief Justice of the Supreme Court; and

one will be an Aboriginal person engaged in historical research involving the use of official records nominated by the Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Aboriginal Heritage Act 1988; and

one will be a person who, as a member of the public, makes use of official records in the custody of State Records for research purposes.

One member of the Council will be appointed by the Minister to chair the Council.

At least two members of the Council must be women and at least two must be men.

The Council has the functions of—

approving determinations under this Act relating to the disposal of official records; and

providing advice to the Minister or the Manager, either on its initiative or at the request of the Minister or the Manager, with respect to policies relating to record management or access to official records.

A member of the Council is to be appointed for a term, not exceeding three years, specified in the instrument of appointment and is, on the expiration of a term of office, eligible for reappointment.

A member of the Council is entitled to such remuneration and expenses as may be determined by the Governor.

A member of the Council may be removed from office by the Minister—

in the case of a member appointed on the nomination of a person or body—at the request of that person or body; or

for misconduct; or

for incapacity or failure to carry out satisfactorily the duties of his or her office.

The office of a member of the Council becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice addressed to the Minister; or

is removed from office under this section.

On the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.

The Council may meet at times and places determined by the Council but must meet at least once every three months and at any other time required by the Minister.

The member appointed to chair the Council will preside at meetings of the Council or, in the absence of that member, a member chosen by those present.

Five members of the Council constitute a quorum for a meeting of the Council and no business may be transacted at such a meeting unless a quorum is present.

The Manager must receive notice of meetings of the Council and he or she, or a member of the staff of State Records nominated by the Manager, may attend any meeting of the Council and, with the exception of voting, take such part in the proceedings as the Council approves.

A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Council.

Each member present at a meeting of the Council has one vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.

The Council must have accurate minutes kept of its proceedings and must provide a copy of the minutes to the Manager.

Subject to this Act, the Council may determine its own procedures.

Subject to this Act, every agency must ensure that the official records in its custody are maintained in good order and condition.