Regulation 37: Other Records

Schedule 4 sets out the categories of records that must be kept. These are: the register of children, including the specified admission and discharge information; each person working at the home, including the information specified in Schedule 4; the staff duty roster and a record of the actual rosters worked; persons other than children who reside or work at the home and are not otherwise recorded; visitors to the home and the reason for each visit; every fire drill and fire alarm test, including deficiencies identified and remedial action taken; and accounts kept in the home.

Regulation 37 requires the registered person to maintain in the home the records specified in Schedule 4 to the Regulations, ensure that those records are kept up to date, and retain them for at least 15 years from the date of the last entry.

The Schedule 4 categories are distinct from other record-keeping requirements in the Regulations. Accidents to children are recorded within children's case records under Regulation 36 and Schedule 3 where applicable. Behaviour management and restraint records are required under Regulation 35. Complaint records are required under Regulation 39, with accessibility provisions under Regulation 38. None of these are Schedule 4 items.

2. Distinction from Regulation 36

Regulation 36 covers children's case records. These are records about individual children, including the information listed in Schedule 3. Regulation 37 covers other records, meaning records about the home itself and its operation, as listed in Schedule 4.

The distinction matters because the two regulations have different retention requirements. Children's case records under Regulation 36 must be kept for 75 years from the child's date of birth (or 15 years from the date of death if the child dies before 18). Other records under Regulation 37 must be kept for at least 15 years from the date of the last entry.

3. Storage and accessibility

Regulation 38 requires that the records maintained under Regulation 37, which may be kept in electronic form, are kept in an accessible manner. This means the registered person must ensure that records can be produced when needed, whether for inspection, audit, or operational purposes.

4. Related guidance