The importance of effective record keeping to meet National Laws and Regulations

Solid record keeping practices are essential to maintain ongoing compliance with the National Law and National Regulations. In the piece below we explore what records need to be kept, what enrolment records need to contain, and how long records need to be stored for. 

Both the National Law and National Regulations have clear guidance about how to be compliant when it comes to record keeping. 

Approved providers, nominated supervisors and family day care (FDC) educators are responsible for compliance with record keeping requirements. Records must be up to date and accurate and include information required under the Education and Care Services National Law. 

Services must also ensure that all records are kept in a secure and confidential manner and that they are made available to families and to authorised officers on request.

What records need to be kept, and for how long? 

Child related records must be kept for three years after the last day of a child’s attendance at the service. Child related records include: 

• child assessments or evaluations for delivery of the educational program
• medication records
• children’s attendance record
• child enrolment records
• an incident, injury, trauma and illness record (to be kept until child is 25 years of age)
• death of a child whilst being educated and cared for (to be kept until 7 years from child’s death).

Additionally, records about staff must also be kept for three years from the last day that a staff member provided education and care at the service. Staff records to be kept include: 

• record of volunteers and students
• records of the Responsible Person at the service
• a record of Responsible Persons placed in day-to-day charge of the education and care service
• record of educators working directly with children
• record of access to early childhood teachers
• record of the service’s compliance with the law.

The requirements are slightly different for Family Day Care (FDC) services. A fact sheet from ACECQA specific to FDC is available here. 

What needs to be included in children’s enrolment records? 

Regulation 160 outlines what information must be provided by the enrolling parent or family. 

The enrolment record must contain:

• child’s full name, date of birth and address
• contact details for the child’s parents and for other persons as required
• authorisations as detailed in regulation 161
• health information as detailed in regulation 162
• information about any parenting orders, court orders, or parenting plans provided that relate to the child
• information about the language used in the child’s home, the cultural background of the child and their parents and any special considerations for the child for example cultural, religious, additional needs.

NEW RECOMMENDATIONS FROM 1 OCTOBER 

Following the NQF Review, new child protection record keeping requirements commenced from 1 October 2023, capturing recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse.

It has been recommended that organisations engaged in child-related work retain records relating to child sexual abuse that has, or is alleged to have occurred, for at least 45 years.

View the updating record keeping requirements to support child protection information sheet developed by ACECQA for further information and resources.

This piece has been developed, in part, from information shared by the NSW Department of Education. Access the original here.