Important information about record security from Queensland regulatory authority

The Queensland Department of Education, which serves as the regulatory authority for the state, has issued a reminder to early childhood education and care (ECEC) leaders about the importance of good record keeping. 

While the start of a new year is often a time for many services to get organised, the Department warned that before throwing away or deleting any records (either hard copy or electronic) that services should double check the record keeping requirements under the relevant legislation.

In addition, services are encouraged to think about their responsibilities when it comes to maintaining privacy and confidentiality, particularly when records contain sensitive  information such as names, addresses, phone numbers or dates of birth. 

Different records may include information that might identify an individual, such as photographs, audio, employment or financial details and data received electronically.

In the event that a service chooses not to maintain or keep a record, the Department suggests returning it to the family (if appropriate), shredding the document, or considering professional waste disposal. 

Services operating under the Education and Care Services National Law (National Law) must keep records in accordance with s. 175 of the National Law and Regulations 177, 178 and 183 of the Education and Care Services National Regulations.

Services operating under the Education and Care Services Act 2013 (Qld) (ECS Act) must keep records with section 128 of the ECS Act and Regulations 69 and 70 and Schedule 4 of the Education and Care Services Regulation 2013 (Qld).

It is important that all services review the new guidance for record keeping from ACECQA which was produced in 2023 in response to the recommendations of the Royal Commission into Institutional Responses to Child Sexual abuse. 

This guidance reflects the Royal Commission’s recommendation 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. This guidance sets out best practice for record keeping and aims to:

• strengthen whole service awareness of child protections laws and individual reporting obligations, including resources related to child protection reporting
• enhance and appropriately maintain the record keeping practices of all employers and employees including volunteers in relation to actual or alleged incidents of child abuse
• ensure relevant records and information will be easily accessible to survivors of child sexual abuse.

For more information about storing personal information, visit the Office of the Australian Information Commissioner’s website.  If your service operates under the ECS Act, visit the Office of the Information Privacy Commissioner Queensland’s website

The original coverage of this information may be accessed here.