Key facts about out-of-home care (OOHC) recordkeeping for statutory Non Government Organisation (NGO) providers

17 Jan 2018

Do you know the legal requirements for statutory Out-of-Home Care (OOHC) agency recordkeeping?

Section 170 of the Children and Young Persons (Care and Protection) Act 1998 details what type of records must be kept that relate to children and young people in OOHC and how long they should be stored by your organisation before they are sent to the Department of Family and Community Services (FACS).

How does this affect your organisation?

If your organisation is a statutory OOHC agency, this legislation means the organisation must keep the records of each child and young person for seven years after they have left care with your agency. After seven years, all records must be sent to FACS. Statutory OOHC agencies must also deliver records to FACS if their organisation closes or is no longer funded by FACS.

What records do we mean?

We are referring to any paper and digital documents about the placement of children and young people in OOHC. These records:

* capture the development, history and identity of children, young people and their carers, and

* provide evidence of the services and activities carried out by service providers for the case management of children and young people in their care.

They do not include records related to the governance, management or operation of your organisation.

What does FACS do with these records?

FACS retains all inactive physical and digital records that relate to the placement of children and young people. All these records are stored permanently and securely at the Government Records Repository, part of the State Archives and Records NSW.

Where can I go for more information?

For further information, please visit our website or speak to your Contract Manager. For technical or logistical questions related to record transfer, contact the FACS Staff Support Centre via email NGORecordsManagement@facs.nsw.gov.au or by calling (02) 9377 6000.