New South Wales Consolidated Acts

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 Director-General.

(2A) The Director-General 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 Director-General, or

(b) that have been authorised by the Director-General to be deposited in the records repository nominated by the Director-General,

if the designated agency requests the records in order to comply with a request under section 168 or 169.

(3) Records delivered to the Director-General 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.