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COMMONWEALTHAct
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s 202B

Requirement to keep records

In force
Volume 2Parts 6 to 10 (sections 153 to 235)
Part 8AProvider requirements and other matters
Division 3Requirements in relation to records

202B Requirement to keep records

Requirement to keep records

(1)

An approved provider must keep records, in accordance with the Secretary’s rules, of information and events in relation to the following matters:

(a)

an individual’s eligibility for CCS or ACCS;

(b)

the eligibility of an approved child care service of the provider for ACCS (child wellbeing);

(c)

the provider’s compliance with the conditions for continued approval of the provider;

(d)

any other matter prescribed by the Secretary’s rules.

Duration of record‑keeping

(2)

An approved provider must keep the records referred to in subsection (1) until at least:

(a)

the end of the period of 7 years starting at the end of the financial year in which the care to which the information or event relates was provided; or

(b)

the later time ordered by a court during proceedings for an offence against this Act (including an offence against Chapter 7 of the Criminal Code that relates to this Act) or for the contravention of a civil penalty provision, if an application for the order was made during:

(i)

the period referred to in paragraph (a); or

(ii)

proceedings relevant to a previous application of this paragraph.

Offence

(3)

A person commits an offence of strict liability if the person contravenes subsection (1) or (2).

Penalty: 60 penalty units.

Civil penalty

(4)

A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty: 50 penalty units.

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