Quick Reference Guide – Recordkeeping Guide
Quick Reference Guide – Recordkeeping Guide (D10/7382) Page | 6
10. Legal Disposal of Records
The University of Newcastle is subject to the NSW State Records Act 1998. The records
created by all areas must be managed as State Records in accordance with the Act
irrespective of format (including digital records).
Under section 21(1) of the Act it is an offence to destroy, damage or transfer ownership of
State records without authority.
University records and information should not be destroyed without the authorisation of the
University Secretary as per the delegation schedule. University Records are any records and
information in any format that is created, received or maintained by the University, that
document research, deliberation, advice and actions undertaken in the course of carrying
out a University function or activity.
Records and information must be assessed prior to being destroyed to determine their value
to the University, the State of NSW, local and regional collections maintained in the
University Archives and Cultural Collections.
State Records NSW has authorised several Disposal Authorities specifying how long certain
records should be kept (retention periods) and whether upon expiry of the retention periods
the records may be destroyed or are to become State Archives.
Section 21(2) of the Act established a number of mechanisms for the lawful destruction of
State Records. The two most relevant to the University are:
(a) the disposal of records in accordance with documents known as Disposal
Authorities. These are issued by State Records with the approval of the State
Records Authority Board; and
(b) the destruction of records in accordance with what the Act terms Normal
Administrative Practice (NAP).
10.1 General Disposal Authorities
The disposal of records is regulated through the General Disposal Authorities (GDA’s) issued
by State Records. There are a number of GDA’s covering broad functional areas of
administration relevant to the University, and one specific GDA for higher and further
education records. The relevant GDA’s current at the time of writing are:
• GA47 – Education: Higher & Further Education
and Research Records
• GA45 – Original or Source Records that have been
Copied
• GA28 – Administrative Records
• GA48 – Source Records that have been Migrated
•
GDA17 – Health Services, Public: Patient/Client
Records
The GDA’s identify disposal actions related to the different functions, activities and types of
records associated with each function. In this context, disposal does not equate with
destruction. Disposal actions range from permanent retention as an archive, to stipulating a
minimum period of retention prior to destruction.
10.2 Normal Administrative Practice (NAP)
It is possible to destroy records if it is in accordance with Normal Administrative Practice in
the University. This does not mean that almost anything can be destroyed and then claimed
to be normal administrative practice. State Records sets out some stringent guidelines as to
what is and is not acceptable as NAP. In addition, State Records has the power to declare
particular conduct or procedures to be unacceptable.
The legal destruction of records under NAP does not include actions which are corrupt,
fraudulent, or for the purpose of concealing evidence of wrongdoing or for any other
improper purpose. In general, the basis for destruction of records under NAP is that they
have no ongoing value to the University, that they do not provide evidence of actions or
decisions that must be retained, and/or that the content of the record is recorded or
retained elsewhere in the recordkeeping systems.
Under the Regulation, ‘NAP’ records are defined below:
(a) Ephemeral records means records of little value that only need to be kept for a limited or
short period of time. Ephemeral records have no continuing value to the organisation and,
generally, are only needed for a few hours or a few days.
(b) Facilitative records means records of little value and of a routine instructional nature
that are used to further some activity. Most facilitative records have no continuing value to
the organisation and, generally, are only needed for a few hours or a few days.
10.3 Destruction Process
In order to seek clearance to destroy records (this includes records contained in information
systems) a Record Destruction Authorisation Form
must be completed and forwarded to
Records Governance Services. The Destroying Records and Information page of the Records
Governance Services website contains the below additional information and resources:
• Further information about the records destruction process,
• a link to the State Records NSW Disposal Authorities key to the University.
You can identify the minimum legal retention requirement of your records by using the
Disposal Authorities listed on this Destroying Records and Information page
. In addition,
Records Governance Services staff are happy to assist with identifying the correct Disposal
Authorities for your records.