Local Government Record Keeping — Amendments to State Records General Disposal Schedule

28 January 2020

Record keeping is a critical business and administrative function for councils and other local government bodies. To assist councils and other local government bodies manage, retain and dispose of records in accordance with the State Records Act 1997, a new general disposal schedule has been developed.

On 26 November 2019 State Records introduced a new General Disposal Schedule (“GDS”) for local government records, titled the  Local Councils and Local Governing Bodies and Authorities General Disposal Schedule (GDS 40 v 1) (“the GDS 40”). Prior to the introduction of GDS 40, councils and associated bodies were required to manage records in accordance with General Disposal Schedule 20 (5th Edition) (“GDS 20”). The current version of the GDS 20 will expire on 31 January 2020, after which time all records will need to be managed in accordance with the GDS 40.

There has been a transitional period up until 31 January 2020 whereby councils and local government bodies and authorities can use both the GDS 20 and GDS 40 to sentence records. However, if a council or local government body or authority wish to destroy records, it must use the longest retention period specified in either the GDS 20 or GDS 40 to determine the retention period prior to destruction.

The layout and content of the GDS 40 has changed significantly to that provided under the GDS 20. Specifically, the GDS 40 has been separated into three sections, being:

1.   records relating to functions under the Local Government Act 1999;

2.  records relating to the regulation or compliance undertaken by a council under other legislation; and

3.  records of a general nature.

Each of the three sections include sub-headings that assist in navigating the GDS 40.

The records that councils and local government bodies and authorities will be required to retain under the GDS 40 are similar to those within the GDS 20. However, in addition to being considerably shorter in length, the GDS 40 is considered to:

• achieve clearer separation of Council’s functions under relevant legislation;
• remove duplication;
• adopt simpler and more general wording for easier identification of records within the schedule;
• make it easier to distinguish between permanent and temporary records;
• better recognise contemporary records that are made by councils and associated bodies, such as audio and visual recordings of business and regulatory functions (i. Council meetings; use of body cameras for enforcement purposes); and

provide greater consistency in retention periods for temporary records. Generally, temporary records will require retention for either two (2) or six (6) years. Noting exceptions for longer or shorter retention periods depending on the nature of the record and other legislative requirements.

Councils and local government bodies and authorities should already be using the GDS 40 for the sentencing of records. If not, the GDS 40 should be implemented as soon as possible and before 31 January 2020 to ensure that records are being retained in accordance with current State Records standards.

For more information please contact Natasha Jones at  08 8113 7102 or njones@kelledyjones.com.au.