170Retention of records

#### 170 Retention of records 170 Retention of records > > (1) Each designated agency must keep the records made by it in relation to the placement of a child or young person in out-of-home care for 7 years after the designated agency ceases to be responsible for the placement of the child or young person. > > > (2) At the expiration of the 7-year period or, if, within that period, the agency ceases to be a designated agency, it must deliver the records required to be kept under this section to the Secretary. > > > (2A) The Secretary must ensure that the designated agency that was responsible for supervising a child or young person in out-of-home care is given access to the records of that child or young person— > > > > > (a) that have been delivered to the Secretary, or > > > > > (b) that have been authorised by the Secretary to be deposited in the records repository nominated by the Secretary, > > > > if the designated agency requests the records in order to comply with a request under section 168 or 169. > > > (2B) An agency that ceases to be a designated agency must deliver to the Secretary all records held by the agency about each authorised carer who cared for a child or young person the agency was responsible for supervising, including the following— > > > > > (a) probity checks, > > > > > (b) authorisations, > > > > > (c) assessments and internal reviews, > > > > > (d) training histories, > > > > > (e) records concerning reportable conduct allegations and the investigation of reportable conduct allegations, > > > > > (f) other records prescribed by the regulations. > > > (3) Records delivered to the Secretary in accordance with this section are State records for the purposes of the [State Records Act 1998](/view/html/inforce/current/act-1998-017). However, subsection (2A) applies despite the provisions of that Act. > > Note. > > Section 14 makes provision with respect to records concerning Aboriginals and Torres Strait Islanders. > > **s 170:** Am 2000 No 76, Sch 2 \[20\]; 2006 No 60, Sch 1 \[64\]; 2006 No 95, Sch 3 \[11\]; 2021 No 16, Sch 3\[11\].