322Information retention and sharing

322 Information retention and sharing

322 Information retention and sharing

(1) The Regulatory Authority must, in accordance with the national regulations, keep all prescribed information held by the Regulatory Authority (or any regulatory body under the former education and care services law) in relation to—

(a) the licensing or approval of education and care services under the former education and care services law; and

(b) the monitoring and enforcement of the former education and care services law in relation to education and care services.

(2) Information referred to in subsection (1) may be—

(a) used for information purposes under this Law; and

(b) held by the Regulatory Authority in any form; and

(c) made available to the Regulatory Authorities of other participating jurisdictions and the National Authority.

(3) A provider of an education and care service existing immediately before the scheme commencement day must, in accordance with the national regulations—

(a) continue to keep all documents required under the former education and care services law to be kept in respect of the service; and

(b) make those documents available to the Regulatory Authority on request.

Penalty—

(a) for an individual—$13,500; or

(b) for a large child care provider—$206,100; or

(c) otherwise—$68,700.

Note—

This penalty is a substituted NSW provision.

s 322: Am 2025 No 68, Sch 1[9].