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Record keeping

Table 10: Summary of record keeping and notifications

Records you need to keep

Notifications you need to action

Complaints

Changes to staff including change of circumstances

Additional records

Change to service operations

Additional absences records

Vacancy information

Copies of fees documents

Cessation of operations

Notice about a child at risk

Changes to service contact information

Copies of evidence supporting approval application for Child Care Subsidy

Service entering administration or liquidation

Documentation on police checks and working with children

 

Register of care

 

What records need to be kept?

To maintain approval, providers must keep certain records and notify the Department of Education of certain events. Failure to keep these records and provide the required notifications can result in an infringement notice, civil penalty order, criminal prosecution, suspension or cancellation of provider or service approvals, or other penalties.

All providers must keep and maintain the following records:

  • complaints made to the provider, or to any of the services of the provider, relating to compliance with Family Assistance Law
  • a record of attendance for each child for whom care is provided (regardless of eligibility for Child Care Subsidy), including records of any absences from care
  • statements or documents demonstrating that additional absence days in excess of the initial 42 absence days satisfy requirements (see Reporting absences).
  • copies of invoices and receipts issued for the payment of child care fees
  • copies of all Statements of Entitlement issued and any statements issued to advise that there was a change of entitlement.

Providers must also keep a written record of the following, even if they would not otherwise record them in writing:

  • any notice given to a state or territory body about a child at risk of abuse or neglect
  • copies of the evidence and information provided with an application for approval about persons with management or control of a provider and persons responsible for the day-to-day operation of a service
  • any evidence or information produced to obtain police checks and working with children checks for personnel and to support any statements about these checks in an application for provider or service approval.

Written records include records that are made and stored electronically, as long as they are stored safely and any changes, apart from incidental changes related to their storage and display, are also recorded.

Providers must keep written records of all required background checks for specified personnel (see Who are specified personnel?).

Records must be kept for seven years.

Do staff details need to be updated?

Providers will need to ensure that staff details are added to and kept up to date through the PEP.

This needs to be done by persons with management or control of the provider, who can add, update or remove the details of all child care personnel for the provider.

Persons responsible for the day-to-day operation of the service can add, update or remove the details of child care personnel for the service or services they manage.

Child care personnel may be allocated one of the following roles:

  • persons with management or control of the provider
  • persons responsible for the day-to-day operation of the service (operational responsibility)
  • service contact
  • Family Day Care or In Home Care educator.

Details can be found at the Department of Education website at docs.education.gov.au/node/50686.

When is a register of care required?

In simple terms, a Family Day Care educator has no entitlement to Child Care Subsidy or Additional Child Care Subsidy for the care provided to their child by another Family Day Care educator on a day that they are also providing care as a Family Day Care educator, unless an exemption applies (see Can care be provided by a Family Day Care service to a Family Day Care educator’s child?).

A Family Day Care service must keep a register of any care provided by an educator within their service whose child or whose partner’s child is, on the same day, being provided care by another Family Day Care educator. This includes where the other Family Day Care educator works for the same or a different Family Day Care service.

The register must record, among other things, each session of care in which this occurs and the reason an exemption applies—that is, one of the exemptions set out in the Minister’s Rules. The register must be updated within 14 days after the end of each week in which care was provided.

More specifically, the register of care must set out:

  • the name of the Family Day Care educator and their or their partner’s child care personnel ID
  • the name of the individual who would otherwise be eligible for Child Care Subsidy for the session of care (usually the Family Day Care educator, but it could be the Family Day Care educator’s partner)
  • the name of the child and his or her Customer Reference Number
  • any unique identifier assigned by the department to the enrolment of the child for care by the service
  • the name of the child care service at which the session of care was provided to the child
  • the exceptions that apply.

This register of care should not be used for other purposes. If a Family Day Care service wishes to keep a register of the care provided by its educators to their own children or to relatives, the Family Day Care service may choose to do so, although it is not a requirement under law. Such a register should be kept separately from the register of care discussed above.

Where an exception does apply, documentary evidence must be uploaded into the payments system and records must be maintained so that the entitlement can be properly determined.

Documentary evidence of the exception must be uploaded and provided to the service before the service is required to submit an attendance report, and records of this exception are to be kept for seven years.

What other records do Family Day Care providers need to keep?

Where a Family Day Care educator provides care at premises other than the educator’s residence, a written record must be kept of the address and contact number of the premises.