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A legal term is not a schedule

Every page on this site shows legal terms: what one law says about one kind of record. A retention schedule is something else. Here is the gap between the two.

General information, not legal advice or permission to destroy a record. Coverage may be incomplete or out of date. Check the official text, other applicable obligations and any investigations, disputes or legal holds before disposal. Get advice for your situation. Terms of use.

A term answers one question, for one law

A legal retention term says: under this law, this kind of record must be kept for this long, starting from this event, by these organisations. That is what each record page shows: one law's point of view.

One record, several laws

Take a payslip. Several laws look at the same document, each for its own reason:

LawWhat it saysFrom
Fair Work Act 2009s 535(1)7 yearsNot stated in the Act
Income Tax Assessment Act 1936s 262A(1), (4)5 yearsLater of preparation or the transaction
Superannuation Guarantee (Administration) Act 1992s 79(4)5 years (SG) / 7 years (Fair Work)Later of preparation or the transaction (SG)
Privacy Act 1988Schedule 1, APP 11.2, APP 4.3Destroy or de-identifyNo longer needed for any permitted purpose

Each row is correct. Together they do not tell you when the payslip can go. Records: employee pay records, business tax records, superannuation guarantee records, personal information no longer needed.

Four ways terms differ

1. The period

Five years under one law, seven under another, thirty or forty for some health monitoring records. The same file can carry more than one.

2. What starts the clock

Seven years is not one date. It depends on the event the law counts from:

Sometimes the law does not say. The Fair Work Act sets 7 years for employee records but not when they start.

3. No period at all

Some laws require a record to be kept but set no end point:

4. A duty to destroy

Not every term is about keeping. 3 record pages on this site carry a duty to destroy or de-identify, such as personal information an organisation no longer needs (Privacy Act, APP 11.2) and tax file number information (Privacy (Tax File Number) Rule). Keeping everything for the longest period can run into these.

And the law changes

Terms are only as current as the law they come from. Every provision on this site shows the date of the text it was taken from; the oldest is Privacy (Tax File Number) Rule 2015, as at 4 March 2015. Part 10 of the AML/CTF Act, which sets the AML/CTF record-keeping periods, was rewritten from 31 March 2026.

A schedule answers a different question

A retention schedule answers not "what does this law say?" but "what does our organisation do with this record?" A reference of individual legal terms, like this one, can't answer that, and isn't meant to.

From legal terms to one schedule.

WhenToDelete is powered by ScheduleOne, which holds the full database of Commonwealth and state retention terms. ScheduleOne works out which apply to your business, works through the competing terms, and gives you one schedule, kept current when the law changes.

Need a schedule for your whole business?

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