New South Wales · Government

Official social media in New South Wales can be subject to its recordkeeping laws.

The State Records Act 1998 (NSW) and the Government Information (Public Access) Act 2009 (NSW) can reach posts, comments and replies made on official accounts. Brolly captures them automatically so councils and agencies can answer a GIPA application without relying on screenshots.

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Used in NSW

NSW Department of Communities and Justice · Cessnock City Council

Know your legislation

Four things shape the record in New South Wales.

The records Act, the access regime, retention and disposal, and the authority that oversees them — each named from the legislation and linked to its source. Confirm current requirements with your records authority and legal team. Sources last reviewed 21 August 2026.

Records act

State Records Act 1998 (NSW)

Public offices must make and keep full and accurate records of their activities and keep them in accessible form for as long as they are required. Records may only be disposed of under an authorised retention and disposal authority. State Records Act 1998 No 17

Access to information

GIPA Act

An agency must decide a formal access application within 20 working days, extendable in limited circumstances (for example, consultation with third parties or retrieval from archives). Request term: GIPA application · Government Information (Public Access) Act 2009 (NSW)

Retention & disposal

Retention and disposal authorities issued by State Archives and Records NSW (including GA28 for local government)

Retention periods depend on the function the record documents, not the channel it was made on. Social media records follow the same authority as the business activity they evidence. Retention and disposal authorities

Records authority & oversight

State Archives and Records NSW

State Archives and Records NSW · Social media recordkeeping guidanceOversight: Information and Privacy Commission NSW

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BrollyFree guide · PDF
State Records Act 1998 (NSW)
Archiving Social Media: A Guide For NSW Government
NSW lawAustralia-wide lawRecordsChecklist
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Free guide

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Social Media Legislation Guide.

The NSW edition, written for records and communications teams in New South Wales government.

New South Wales and Australia-wide legislation, side by side Records obligations explained in plain English Bonus compliance checklist inside
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In their words
“Social media use by government is subject to community expectations and legislative requirements for the appropriate management of information.”

State Archives and Records NSW — read the guidance

For councils

Local Government Act 1993 (NSW)

Councils are public offices under the State Records Act; councillors' official-capacity communications can be council records.

  • Integrity body: Office of Local Government NSW

Social media archiving for councils

Brolly illustration of records being organised for a request
How Brolly helps

Meeting the obligation in NSW, without screenshots.

Capture every official channel as it happens

Brolly connects to Facebook, Instagram, Threads, X, YouTube, LinkedIn and TikTok through official APIs and keeps posts, comments, replies, edits and deletions with their metadata and a digital checksum. That helps you meet the recordkeeping expectations set by State Archives and Records NSW.

  • GIPA Act-ready exports in PDF, CSV, HTML or JSON, with chain of custody preserved
  • Search by account, date, keyword or author, then export the set a records officer needs
See the archiveProtect and moderation

Retention aligned to your authority, records in your EDRMS

Set retention to follow your retention and disposal authority, so social media records are kept for as long as the business activity they evidence and disposed of on your terms. The Content Manager integration sends records into your EDRMS alongside the rest of your records.

  • Retention and legal hold you control, applied per account
  • Records stored on AWS cloud servers located in Australia
Content Manager integration
Straight answers

Questions NSW records teams ask

Are NSW council and agency social media posts state records?
Content made or received by a NSW public office in the course of official business can be a record under the State Records Act 1998, whatever the channel. That can extend to comments from the public on official accounts and to content that was edited or deleted after posting. Content and context matter, so follow your records policy and seek advice on specific cases.

Source: State Records Act 1998 (NSW) · State Archives and Records NSW: Social media recordkeeping guidance

How quickly must a NSW agency respond to a GIPA application?
Formal access applications under the GIPA Act must generally be decided within 20 working days, with limited extensions. Informal release can happen sooner. Confirm the current process with the Information and Privacy Commission NSW.

Source: Government Information (Public Access) Act 2009 (NSW) · Information and Privacy Commission NSW

Does hiding or deleting a comment change the recordkeeping obligation?
Moderating a comment does not by itself decide whether the content is a record. If it was made or received in the course of official business, apply your retention and disposal authority before it is removed, and keep the context needed to find and produce it later.

Source: State Records Act 1998 (NSW) · State Archives and Records NSW: Social media recordkeeping guidance

What should a defensible NSW social media archive keep?
The original content with its timestamps, the account it belonged to, attached media, comments and replies, edits and deletions, and the metadata that ties them together. Keeping those searchable and exportable helps records staff answer a GIPA application without relying on screenshots.

Source: State Records Act 1998 (NSW) · State Archives and Records NSW: Social media recordkeeping guidance

Nothing is lost.

See complete capture on your own NSW channels in a 20-minute walkthrough. Records teams welcome.

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