Privatising public offices

Privatisation and recordkeeping

If records are not properly managed during privatisation, the NSW Government and the community may lose access to important State records.

State records are:

• created by a NSW public office and subject to the State Records Act 1998
• protected and managed by both the privatised public office and the private entity taking ownership of the records.

Key actions for public offices:

• address records management early in privatisation planning
• understand and communicate obligations for State records
• notify private entities of their responsibilities for records they take ownership of or temporarily hold.

This advice applies to public office privatisation and does not include:

• corporatisation, where State-owned corporations remain subject to the State Records Act 1998 unless transitioning to private ownership
• outsourcing. For this, refer to outsourcing physical storage records.

Key recordkeeping issues

Privatisation raises several recordkeeping challenges:

Transfer of ownership

• Permission is required from the Board of the State Records Authority NSW to transfer ownership under Section 21 of the Act 
• requests must detail the transaction, affected records, and protection arrangements.

Protecting State records

• privatised public offices and private successors must protect records.

Access to State records

• consider access requirements for:
  • private successors needing records held by public offices or in the State Archives Collection
  • public offices or government entities needing records held by private successors
  • public access to State records over 20 years old in private custody.

Disposal of State records

• public offices must not dispose of State records without permission from State Records NSW, whether for transfer, destruction or archiving
• refer to disposal to the disposal authorisation process.

Managing recordkeeping issues

Legacy public office responsibilities 

When a public office is privatised, another public office may take responsibility for legacy records. 

Responsibilities include:

• monitoring records temporarily in private custody
• ensuring records are returned to NSW
• advising private successors on recordkeeping
• storing, managing and protecting retained records.

Custody decisions public offices must:

• confirm privatisation arrangements
• identify records needed by the private successor or legacy public office
• apply retention and disposal authorities to all affected records
• consult State Records NSW about transferring or providing copies of records.

Note: State records can only be transferred to the private successor if approval for the transfer of possession and ownership has been approved by the Board of the State Records Authority NSW.

Providing access to State records depends on custody and type:

• private successors needing access can be provided with copies or temporary custody arrangements
• legacy public offices needing access should ensure agreements with private successors outline access terms
• public access to private custody records is required if the records are over 20 years old and open for public access.

Summary checklist

To prepare for privatisation:

1. Identify affected State records, including archives.
2. Notify State Records NSW at govrec@staterecords.nsw.gov.au.
3. Ensure retention and disposal authorities cover all affected records.
4. Prepare and submit a transfer request to the Board of the State Records Authority NSW.
5. Apply disposal authorities to reduce complexity during transition.
6. Arrange record transfer, access and custody.
7. Notify Museums of History NSW of access direction changes at transfer@records.nsw.gov.au.
8. Arrange physical relocation of records if needed.
9. Transfer archives to the State Archives Collection.