Part 7 The Authority and the Board
63 Establishment of the Authority
(1) There is constituted by this Act a body corporate with the corporate name of the State Records Authority of New South Wales.(2) The Authority is, for the purposes of any Act, a statutory body representing the Crown.(3) The Authority may also be called State Records or State Records NSW and the use of either of those names has the same effect for all purposes as the use of its corporate name.
The Authority is in the exercise of its functions subject to the direction and control of the Minister, except the Authority’s functions in relation to the giving or refusing of permission for, or approval of a practice or procedure involving, the taking of any action referred to in section 21 (Protection measures).
65 Director to manage and control affairs of the Authority
(1) The affairs of the Authority are to be managed and controlled by the Director in accordance with the policies determined by the Board.(2) Any act, matter or thing done in the name of, or on behalf of, the Authority by or with the authority of the Director is taken to have been done by the Authority.
66 Principal functions of the Authority
(1) The Authority has the following functions:(a) to develop and promote efficient and effective methods, procedures and systems for the creation, management, storage, disposal, preservation and use of State records,(b) to provide for the storage, preservation, management and provision of access to any records in the Authority’s possession under this Act,(c) to advise on and foster the preservation of the archival resources of the State, whether public or private,(d) to document and describe State archives in their functional and administrative context,(e) such other functions as are conferred or imposed on the Authority by or under this Act or any other law.(2) The Authority may do all such things as are supplemental or incidental to, or consequential on, the exercise of its functions.(2A) However, the Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.(3) The Authority is entitled to charge for any services it provides under this Act.
(1) The Authority may delegate to an authorised person any of its functions, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by the Authority if the delegate is authorised in writing to do so by the Authority.(3) In this section, authorised person means:(a) a public servant engaged in the administration of this Act, or(b) a person of a class prescribed by the regulations.
(1) There is to be a Board of the Authority consisting of 9 members appointed by the Governor.(2) Of the members:(a) 4 are to be persons nominated by the Minister who administers this Act, and(b) 2 are to be persons nominated by the Minister who administers the Public Sector Employment and Management Act 2002, to represent departments, and(c) one is to be a person nominated by the Minister who administers the State Owned Corporations Act 1989, to represent State owned corporations, and(d) one is to be a member or officer of either House of Parliament nominated jointly by the President of the Legislative Council and the Speaker of the Legislative Assembly, and(e) one is to be a judge of a court of the State nominated by the Chief Justice of New South Wales.(3) Of the 4 persons nominated by the Minister who administers this Act:(a) one is to be nominated to represent State law enforcement agencies and is to be nominated after consultation with the Ministers responsible for those agencies, and(b) one is to be nominated to represent local government, and(c) one is to be nominated to represent the private sector, and(d) one is to be nominated to represent the history profession.(4) (Repealed)(5) One of the members is to be appointed Chairperson of the Board, whether in and by the relevant instrument of appointment as a member or in and by some other instrument executed by the Governor.(6) The members of the Board are to elect a person from among their number to be the Deputy Chairperson of the Board. The person may be elected for the duration of the person’s term of office as a member or for a shorter term.(7) Schedule 2 has effect with respect to the constitution and procedure of the Board.
The Board has the following functions:(a) the function of determining the policies and strategic plans of the Authority,(b) the function of granting approvals for the purposes of sections 13 (Standards and codes of best practice for records management) and 21 (Protection measures).
71 Director may attend meetings of Board
(1) The Director is entitled to attend and to participate in discussions at meetings of the Board but is not entitled to vote at any such meeting.(2) The Director must not, without the consent of the Board, be present at a meeting of the Board during the discussion and determination of a matter relating to the Director or the office of the Director.