UPDATED: Records DO NOT NEED to be kept for at least 45 years

ACA NSW members will recall the 2021 NQF Review's proposal to increase record keeping from (up to) 25 years to at least 45 years. And members will know that, despite our collective concerns, such a change was announced by ACECQA to commence from 1 October 2023 (see ACECQA's Updating Record Keeping Requirements to support Child Protection).

ACA NSW had overt concerns with at least 45 years of record keeping, including:

• “From 1 October 2023, there will be new record keeping requirements under the Education and Care Services National Law and National Regulations.”
• “For more information on changes to the new record keeping requirements to support child protection please visit nqfreview.com.au.”
• Will the existing Approved Provider be responsible for another Approved Provider's service's records upon transfer should the records not be provided in full?
• What happens to records if both the service and the Approved Provider no longer exist?
• Is there a difference between records stored until the child is 25 years old versus records that are related to known/unknown child sexual abuse(s)?
• Are records of staff members, volunteers and students also required to be kept for (at least) 45 years?
• What are the penalties should records be found to be missing or has become physically compromised?
• Over time, to which Approved Provider(s) will the penalties be applied to and under what circumstances? 

ACA NSW is pleased to receive written clarification from the Federal Minister for Early Childhood Education (the Hon Dr Anne Aly MP) effectively stating that this 45 years is NOT a legal requirement but recommended as best practice only. It is also important to note that the Federal Attorney-General (the Hon Mark Dreyfus KC MP) was included in that written communique as he and his Department are responsible for the Royal Commission into Institutional Responses to Child Sexual Abuse (which was the source of the minimum 45 years of record keeping recommendation.)

That said, in the context of ever-increasing cybersecurity risks, ACA NSW also raised its concerns about early childhood education and care services (supported by its (software) providers), keeping so much personal and confidential information on children and their parents for 25 years (let alone 45 or more years). This aspect remains unresolved.

Nevertheless, it is an appropriate reminder of Approved Providers' and services' obligations as required by::

• Section 175 of the National Law;
• Regulation 177 of the National Regulations; and
• records of evidence of fitness and propriety of staff members, volunteers and students.

For any further information/clarification, please contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.

UPDATED: 16 SEPTEMBER 2024

FIRST PUBLISHED: 25 MARCH 2024