Legislation and Protocols
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Acts, legislation and protocols provide the legal and regulatory framework for government recordkeeping. They provide guidance and policy for the management of State and Local Government records and their ultimate destruction or retention on behalf of the South Australian community. State Records of South Australia is responsible for administration of the following legislation and protocol:
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State Records Act 1997
The State Records Act, 1997 establishes State Records as the principal repository for official records in South Australia. The Act describes the functions of State Records, which include to: - preserve the official records in its custody
- provide access for the public and agencies to official records in its custody
- make determinations as to the disposal of official records
- promote best practice and develop standards and guidelines for records management by State Government agencies and Local Government authorities.
The Act also outlines the responsibilities of agencies to: - ensure that the official records in their custody are maintained in good order and condition
- ensure that official records are managed and not destroyed without a determination made by State Records with the approval of the State Records Council - unless there is specific legislation requiring it.
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The Freedom of Information Act, 1991 (FOI) provides the public with a legally enforceable right to apply for information held by the Government and a right to amend their personal records held by Government that are incomplete, incorrect, out of date or misleading. In addition to supporting the administration of the Act, State Records provides general advice to agencies regarding FOI processes and the application of the Act, provides training and networking opportunities for FOI practitioners and operates a telephone advice hotline for members of the public.
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South Australia's Information Privacy Principles (IPPs) were introduced by means of Cabinet Administrative Instruction 1/89, also known as the Information Privacy Principles Instruction and first became operational in July 1989. The Information Privacy Principles regulate the way South Australian Public Sector agencies collect, use, store and disclose personal information.
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Other Legislation
There is an extensive range of legislation which requires organisations to create and keep records of their business transactions. While much legislation is specific, some is generic and covers both State Government agencies and Local Government authorities. State Records has produced a guideline, Recordkeeping Requirements within South Australian Legislation, which identifies some of the generic legislation that has recordkeeping implications for agencies. To read the guideline select the Related Information link below.
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