Amendment to the Care Records Definition's Glossary of terms used
We published the Care records definition and Glossary of terms used in March 2024. At that time, we acknowledged we may need to update the definition. We may need changes to be made as part of reviewing the disposal rules or because of the Royal Commission's final report, which came out in mid-2024.
31 October 2024
The definition of terms ‘Care setting’ and ‘Individual’ have been amended slightly
We’ve made amendments to two of the existing terms in the Glossary of terms used.
Amendment to ‘Care setting’ term
We’ve clarified that the term ‘Care setting’ includes aged residential and in-home care, including private care.
Amendment to ‘Individual’ term
We’ve clarified that the term ‘Individual’ includes both living and deceased people who are or have been in State or non-State care.
What these amendments mean for State care organisations
The following types of public records are in scope of the Care records definition and are subject to the Temporary care records protection instruction.
The records of aged residential and in-home care organisations where the State assumed responsibility for the care of an individual. The care may be provided directly or indirectly via another entity.
The records of people who are or have been receiving State care from aged residential and in-home care organisations. This includes from private care organisations.
Records that are the responsibility of Sate care settings about children or vulnerable adults. This is irrespective of whether they are living or deceased.
What these amendments mean for non-State care organisations
Organisations providing care services independently of the State can use the Care records definition and amended Glossary of terms for guidance. Non-State care records are not public records under the Public Records Act 2005.
Impact on the care records disposal authority review project
The care records disposal authority review project will continue to focus on the original scope of the Care records definition regarding aged residential and in-home care, including private care.
This is because neither affected public offices or non-government organisations (NGOs) were consulted on these types of records during the development of the Care records definition.
We intend to look into consulting on and reviewing the disposal rules of records related to aged residential and in-home care once the current care records disposal authority review work has been completed.
What the Care records definition is being used for
It is being used to inform the Temporary care records protection instruction. The instruction was issued to protect State care records until the review of current State sector disposal authorities is complete.
The Care records definition also acts as advice on which records are recommended for protection from destruction to those providing care outside the State care system.