(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).
(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.