NSW Clarifies Rules on Disappearing Messages and Record-Keeping

Disappearing messages, used on platforms like WhatsApp and Signal, have raised concerns about transparency and compliance. Boyd confirmed they are permitted in NSW, but only for communications that are facilitative or ephemeral, in line with the State Records Act.

Official government business must still be captured and retained, regardless of the platform used. Where advice, instructions or decisions are shared through informal channels, a formal record must be created.

Boyd also addressed the use of cabinet-in-confidence exemptions. Documents that reveal a minister’s intended position in cabinet are exempt from disclosure. Determining this can be complex and depends on context, timing and the document’s role.

She also clarified that only documents created before an Order for the Production of Documents are required to be produced. Later materials, including legal advice, are generally exempt.

Boyd acknowledged that these decisions are often made under tight timeframes and can involve errors.

These updates reinforce the need for strong information governance practices as digital communication continues to evolve.

Source: Dan Holmes, “NSW cabinet secretary clarifies record-keeping carveouts,” The Mandarin, 16 March 2026.