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NSW premier accepts finding over shredding

Luke CostinAAP
Gladys Berejiklian accepts the conclusion that the shredding was based on a misunderstanding.
Camera IconGladys Berejiklian accepts the conclusion that the shredding was based on a misunderstanding.

The unlawful shredding of documents related to a NSW government pork-barrelling scheme was not due to anything sinister but rather a misunderstanding, Premier Gladys Berejiklian says.

The destruction of the "working advice notes" - showing the premier signed off on the majority of grants in the maligned $252 million scheme - breached state records laws, the State Archives and Records Authority said on Friday.

The entire scheme has been under scrutiny since analysis revealed 19 in every 20 projects funded in the lead-up to the 2019 election were in coalition-held seats.

SARA's months-long inquiry found the notes functioned as briefing notes, making them state records.

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But it hadn't found the shredding of the notes was the result of an explicit instruction by those in the premier's office.

"I accept the recommendation that in their view it was based on a misunderstanding as opposed to anything systemic or sinister," the premier told reporters on Monday.

"We will be accepting all of their recommendations."

Ms Berejiklian said the report revealed the same matters may have arisen "unintentionally across government for many decades".

But she declined to say if her office had unlawfully shredded documents on previous occasions.

"It's an important time for us to accept the recommendations, update the handbook, make sure all staff - government, opposition, everybody - (are) aware of their responsibilities in relation to the archives," the premier said.

An adviser to the premier in October told a parliamentary committee she shredded the notes that showed the premier had "signed off" on $141.8 million of council grants.

She also deleted electronic copies.

An unashamed Ms Berejiklian later admitted the program was pork barrelling, stating: "it's not an illegal practice."

SARA found a record that was kept by the premier's office - an email recording the final outcome of the state leader's review of the notes - was not sufficient.

It didn't contain comments or annotations made by the chief of staff or the premier, or reasons for the decision being made, the report says.

Despite its findings, SARA said it would not be taking legal action.

It noted it lacked the power to compel witnesses to give evidence for its investigation.

In her own investigation, NSW Information Commissioner Elizabeth Tydd also concluded the incident did not constitute a serious or systemic breach but stated record-keeping guidelines in the premier's office were poor.

NSW Labor will introduce a bill in mid-February to beef up such laws.

Its spokesman for local government Greg Warren last week told AAP the premier must resign.

"There are other members who were stood down for less."

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