Appendix 3: Drafting the authority
This appendix provides an overview of NSW State Archives and Records' requirements and conventions for the layout and wording of retention and disposal authorities to guide organisations when drafting an authority. For more information about identifying and scoping functions, activities and disposal classes, and determining retention and disposal requirements, see Methodology for appraising records retention and disposal requirements.
NSW State Archives and Records' Authority Editor
NSW State Archives and Records has developed an application for drafting and transforming authorities in XML. Authority Editor is a full implementation of NSW State Archives and Records’ XML schema. It includes a form entry view with tree navigation for simple inputting of data, a 'review view' that provides a readable view for easily navigating and reviewing XML documents, and a transform engine that applies XSL stylesheets to authorities to generate HTML, MS Word or edited versions. The Authority Editor makes the drafting process easier as it automates sorting, numbering and styling of authorities, simplifies the addition of internal and external see references, and contains drop down menus of sample justifications that can be used.
Format and layout
If the Authority Editor is not being used, Appendix 1: Overview of documentation requirements and templates provides links to the templates organisations should use when drafting a retention and disposal authority. Appendix 4: Examples of retention and disposal authorities provides examples of the standard format and layout of an authority.
Content and structure
Table of contents
If the retention and disposal authority is covering a large number of functions and activities, NSW State Archives and Records recommends including a list or basic table of contents to provide an overview of the functions and activities covered and to guide users through the authority. The Authority Editor generates this list automatically.
Dates of coverage
In general the date range can be left open. However, in some circumstances, it may be appropriate to nominate dates to indicate limitations on the date range of records to which the authority can be applied. Surveying your organisation's records holdings and systems will assist in identifying the potential need for this (for example to address records of predecessor organisations or changes in business processes impacting on how records have been created and maintained). The supporting documentation submitted with the draft authority should provide a summary overview of your organisation’s records holdings and management systems. This will assist NSW State Archives and Records to consider and advise if the application of date range limitations is appropriate.
Structure
The standard format is for the authority to be structured around Function/ Activity terms presented alphabetically in the authority.
See Appendix 4: Examples of retention and disposal authorities for examples of standard conventions for the layout and structure of an authority.
Function/Activity terms are high-level descriptors and do not necessarily need to reflect the terminology of an organisation’s thesaurus, taxonomy or business classification scheme (BCS). Retention and disposal authorities are ligh-level policy documents that will have a one-to-many relationship with the BCS. We discourage maintaining a strict hierarchical one to one reproduction of your organisation’s thesaurus, taxonomy or classification scheme to structure the authority. This has led to lengthy documents with duplication of similar terms and records.
Function and Activity descriptions
Function/Activity descriptions should be clear and concise, providing a plain-English explanation of the scope of processes covered. As mentioned above they do not need to reproduce thesaurus, taxonomy or business classification scheme descriptions in their entirety. Where the analysis of recordkeeping requirements has identified similar or equivalent retention and disposal outcomes for related Functions and Activities, it may be beneficial to consider combining terms in the authority and modifying the descriptions accordingly.
See references
See references should give appropriate guidance to help users of the authority make the best decision about how to sentence a particular class of records. General protocol:
- See references to other functions should be placed at the end of the relevant function description.
- See references to other activities should be placed at the end of the relevant activity description.
See Appendix 4: Examples of retention and disposal authorities for examples of standard conventions for the inclusion of see references.
Disposal classes
Disposal class descriptions should provide a clear and concise description of the particular business or transactional processes covered by the class to indicate the extent or limits of the scope of its coverage. Disposal classes should be able to stand alone. Ideally they should not rely on referral to a function or activity scope note or on an examination of other classes for their interpretation.
Disposal class descriptions generally start with the phrase 'Records relating to...' or ‘Records documenting…’
The inclusion of some examples of records intended to be covered by the class is recommended to assist users in applying the authority. The listing of examples does not have to be exhaustive, it is indicative only. The disposal class description detail or examples should not be too focused on or limited in their application to specific record formats.
Disposal class descriptions should carefully define any distinctions made, such as those between 'major' and 'minor', 'significant' and 'routine', etc.
Disposal class descriptions should avoid use of 'jargon' or specific references to legislation, for example, that could date or unintentionally limit the application of the authority
See Appendix 4: Examples of retention and disposal authorities for examples of disposal class descriptions.
Case records
Where records relate to the management of a particular case, program or project (for example) it is important to assess whether:
- the records should be treated as a single class with the same retention and disposal requirements or
- the records should be described as separate classes in the authority with specific retention requirements depending on the particular process or aspect of the case/program/project management they document and support.
Treating the records as separate classes depending on the specific aspect of the process or activity they document may be appropriate if your organisation wants to move away from case based file management systems, and if different retention periods can apply to the records depending on what aspect of the case/program/project management process they document. This can have benefits in terms of storage or system migration costs savings and also has the potential benefit of ensuring that records are only kept for as long as needed and then promptly destroyed.
Databases
Don't forget to include records contained in databases and business systems when developing your disposal coverage. The authority does not just apply to records in hard copy format. The retention and disposal decisions will apply to records of the functions, activities and business processes covered by the authority irrespective of the format in which they are maintained. Increasingly, records and information of key organisational business is created and maintained in digital or electronic format and systems, and it is crucial to ongoing organisational accountability that these systems and the records held in them are appropriately managed. Determining how long these records need to be maintained to meet your organisation’s business needs and requirements is essential for their ongoing management. Knowing retention requirements will mean appropriate plans can be put in place for the ongoing maintenance or migration of the database or business system.
When you know what systems exist and the business they perform, you can start to look at how long this information needs to be kept. You can then ensure the systems are appropriately covered in the retention and disposal authority. IT staff can then develop plans for system maintenance or migration to ensure that the information within the database will be accessible and useable for the entire retention period.
Records that do not need to be included in the disposal authority
Organisations generally will not need to provide disposal coverage for records already covered by general retention and disposal authorities. For example, records of COMMITTEES, GOVERNING BODIES (such as Boards, Trusts, etc), CONTRACTING-OUT or TENDERING processes are covered in the General retention and disposal authority: administrative records.
The destruction of certain duplicates, drafts, working papers, back up tapes, systems logs and transaction reports, etc., is permitted by the normal administrative practice provisions of the State Records Act, therefore specific coverage for these types of records does not need to be included in the organisation’s function authority.
The General Retention and Disposal Authority - original or source records that have been copied also permits the destruction of certain original records after copying (for example to a digital image or microfilm format), provided the conditions listed in the authority have been met. Specific coverage for these types of records does not need to be included in the organisation’s function authority unless permission is being sought with respect to an excluded category of records.
Disposal actions
Disposal actions specify what should happen to a record. A disposal action is either:
- an authorisation to destroy records after a specified retention period expires (e.g. 'Retain minimum of 10 years after action completed, then destroy'), or
- the identification of records as State archives ('Required as State archives').
Standard conventions for expressing disposal actions
| Disposal action | Wording convention | 
|---|---|
| Records to be retained as State archives | Required as State archives | 
| Records which can be destroyed after expiry of a specific time period, action or event | 
 Retain minimum of X months/years after Y, then destroy Note: X = number of months/years, Y = the event from which the number of years is counted (such as from when client reaches a certain age; after expiry, lapse or suspension of a permit or licence; completion of the business transaction/process etc.) The Australasian Digital Recordkeeping Initiative (ADRI) has produced a Glossary of Disposal Triggers that can assist when drafting authorities. | 
Justifications
Justifications explain how or why the retention periods and disposal actions have been determined.
Justifications do not have to be extensive but they must be clear, considered and specific. Justifications need to provide definitive, measurable statements that give a clear rationale or basis for the identified minimum retention period or the recommendation to retain the records as State archives.
To assist NSW State Archives and Records in reviewing retention decisions, provide as much detail as possible about the source or basis of the decision, including references to sections of legislation, standards, rules, guidelines and other documentary or external sources.
Example: Justifications for retention periods and disposal actions
These records document community and stakeholder input into and influence of the development of Government policy for the delivery of key community services. They meet State Records' appraisal objective 2.
These records needed for reference as long as a licence agreement is in place as they protect the rights and interests of the licensee and may need to be referred to in the case of breach of licence conditions. All licence applications are approved by the Board and the Board minutes and papers will document the approval of applications and reasons for refusal of applications. Board papers and minutes will be retained permanently as State archives in accordance with the General retention and disposal authority: administrative records (entry x.x.x).
National Rules Version 1.0, s1.9 specifies that all records and documents relating to the Scheme must be retained for a period of at least 7 years after a person leaves the Scheme.
Retention period meets organisation’s operational, legal and accountability requirements and is consistent with those identified for similar classes of records maintained by organisation X (reference FA1050, entry 1.2.3) and/or under the General Retention and Disposal Authority - Administrative records, entry x.x.x.
Retention period meets organisation’s operational, legal and accountability requirements and is consistent with approach in other state jurisdiction, see Disposal Authority [number ref], entry x.x.x.
Retention period based on consultation with Government agency X, they advised they will potentially need to be able to refer to these records for X years/months for compliance monitoring purposes.
Retention period based on recommendations of Report of Special Commission of Inquiry into [subject matter of the inquiry], published 2013. Recommendation 8: Clients should be able to access records and information concerning X for a period of Y years.
Retention period based on consultation with stakeholder group, Citizens for Action: these stakeholders expect that they will be able to refer to these records for X years/months.
Records relating to administrative arrangements associated with the conduct of forums have limited use for reference or other purposes after the finalisation of the arrangements and need only be retained for a short period after the event. Significant information pertaining to purpose, topics discussed/present and the outcomes of a forum will be documented in the summary reports of the forums, which are retained for x years (see entry x.x.x below).
Reports are generated weekly and are consolidated into summaries for the management committee. These summaries are retained for 10 years (see entry x.x.x below). Therefore only a short retention period is required for the weekly reports themselves. The proposed minimum retention period provides the opportunity to review and reference records within a relevant timeframe if required.
Records may be relevant to compensation claims for property damage or personal injury, and retention period encompasses limitation periods for potential legal action or disputes.
Retention period based on requirements of (and in accordance with) the Copyright Act 1968, s.135K.
Retention period based on requirements for information for end of financial year statistical reporting purposes.
Retention period based on the need for the records for short term reference. Records do not deal with or document the provision of receipt of substantive advice.
Retention period encompasses program review and planning cycles - potential need for reference beyond these is limited.
Records are unlikely to be required for operational or other reference once the information is superseded.
If adequate justifications are not provided in draft retention and disposal authorities or the associated supporting documentation, organisations may be asked to resubmit their documentation with revised justifications for each disposal recommendation before State Records undertakes any assessment.
Expression and wording
Acronyms and jargon
Although acronyms and jargon may be commonly used and understood in your organisation, you should avoid using these in retention and disposal authorities. Retention and disposal authorities are documents that generally remain current for a number of years, and terminology such as acronyms and jargon and even classification or taxonomy terms can date and become meaningless within a short time frame.
- Acronyms should be avoided, or, if used, spelled out in full.
- More widely understood terms should be used in the place of jargon.
Tip: The authority must be clear and simple to read
It is very important to ensure that the retention and disposal authority is readable and understandable. Ideally, if the average person on the street was to read through the document it would give them a good overview of the business your organisation performs and for how long records associated with the various business activities and processes of the organisation will be retained.
 
        