CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 170 Retention of records

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 170

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 . 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.