Terms and conditions of loan

The agency Records Manager or Senior Manager is responsible for:

  • ensuring that a system is in place to track the location of official records on loan from State Records
  • informing State Records when an authorised agency user is no longer employed by the agency or ceases to act as the authorised agency user.

Authorised agency users are responsible for ensuring that records loaned are returned to State Records before the end of the loan period (or as negotiated with State Records), and in the same condition they were in when they left State Records' custody.

Conditions of loan

Records that have been transferred to State Records of South Australia should be complete, inactive and no longer required for current administrative purposes.

The State Records Act 1997 allows agencies to access records they are responsible for. Section 25 of the Act states:

  1. The agency responsible for an official record in the custody of State Records is to have such access to, and may make or direct such use of, the record as it requires.

  2. Despite subsection (1) – a. An agency is not entitled to resume possession of an official record that has been in existence for 15 years or more for longer than is reasonably necessary for the proper performance of the functions of the agency; and b. An agency’s access to an official record is subject to conditions imposed by the Manager [Director] to ensure the preservation of the record.

The Director of State Records has set the    following conditions in relation to agency access to records they are responsible for. These conditions apply where records are loaned to the agency.

  1. Only Authorised Agency Users (AAUs) may request official records for loan from State Records. AAUs are responsible for ensuring that official records received on loan are:returned to State Records within the time period specified on the name/address labels found on the records, or as otherwise negotiated with State Records returned to State Records in the same condition they were in, when they left State Records’ custody, this includes any packaging.

  2. Agencies may be charged for repairs to records damaged while on loan and for any re-boxing required. Agencies must not attempt to perform any repairs or physical treatments to the official records they have received on loan. Agencies are to advise State Records if they have any concerns about the condition of an official record when it is received or returned.

  3. Agencies must not further loan official records to other agencies or third parties without prior written authorisation from State Records. If the record is retrieved for another agency or third party then a copy should be provided and the original returned to State Records.

  4. Agencies must not alter the official records they receive on loan in any way. This means:

  • pages must not be added or removed
  • file numbers and titles must not be changed
  • files must not be taken apart
  • records must be kept in their original order/arrangement
  • file covers must not be removed or replaced
  • records must not be marked in any way
  • self-stick notes such as post-it notes must not be affixed to files/records
  • records must be retained and returned in the container/package in which they were received
  • barcode labels must not be removed from boxes and bags containing records.

5. Loans of official records to agencies are made for a period of 90 days. If agencies need to retain an official record for longer than 90 days, they must contact State Records ahead of the expiry of the loan period, to negotiate an extension. Failure to do so will lead to an overdue loan fee being issued in accordance with the State Records Fees Regulations.

Loss of official records on loan

Where an agency advises State Records that an official record on loan has been lost or misplaced, the agency will be required to submit a brief to the Director and State Records Council explaining that they have destroyed or abandoned a record without State Records or Council approval. The brief must include a description of the record/s, who in the agency loaned the records and for what purpose, steps taken to locate the record/s, and an outline of the processes that have been put in place to appropriately track official records on loan

Collection of loans

Records requested for loan will be available for pick-up by DX or private couriers, Monday – Friday, 9:00am - 4:00pm, from State Records' Gepps Cross Repository at 115 Cavan Road, 5094.

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