183Storage of records and other documents

183 Storage of records and other documents

183 Storage of records and other documents

(1) The approved provider of an education and care service must ensure that records and documents set out in regulation 177 are stored—

(a) in a safe and secure place; and

(b) for the relevant period set out in subregulation (2).

Penalty—

(a) for a large child care provider—$19,800; or

(b) otherwise—$6,600.

Note—

This penalty is a substituted NSW provision.

(2) The records must be kept—

(a) if the record relates to an incident, illness, injury or trauma suffered by a child while being educated and cared for by the education and care service, until the child is aged 25 years;

(b) if the record relates to an incident, illness, injury or trauma suffered by a child that may have occurred following an incident while being educated and cared for by the education and care service, until the child is aged 25 years;

(c) if the record relates to the death of a child while being educated and cared for by the education and care service or that may have occurred as a result of an incident while being educated and cared for, until the end of 7 years after the death;

(d) in the case of any other record relating to a child enrolled at the education and care service, until the end of 3 years after the last date on which the child was educated and cared for by the service;

(e) if the record relates to the approved provider, until the end of 3 years after the last date on which the approved provider operated the education and care service;

(f) if the record relates to a nominated supervisor or staff member of an education and care service, until the end of 3 years after the last date on which the nominated supervisor or staff member provided education and care on behalf of the service;

(g) in case of any other record, until the end of 3 years after the date on which the record was made.

Note.

A compliance direction may be issued for failure to comply with this regulation.

Reg 183: Am 2025 (711), reg 59; 2026 (54), Sch 1[12].