Childcare incident report: the record, the serious incident test and who to notify by when

Last reviewed: 29 October 2026. Checked against the Education and Care Services National Regulations, reprint current as at 12 August 2026.

Quick answer

Every incident, injury, trauma or illness involving a child at the service goes in the incident, injury, trauma and illness record (regulation 87) within 24 hours, with the contents the regulation lists. The parent is told as soon as practicable and within 24 hours (regulation 86, penalty $6,600). If it is a serious incident as defined in regulation 12 (death; serious injury, trauma or illness needing urgent medical attention or hospital; emergency services attending; a child missing, taken, or locked in or out), the approved provider notifies the regulatory authority within 24 hours (section 174(2)(a), regulation 176). Incidents believed or alleged to involve physical or sexual abuse are notified within 24 hours; circumstances posing a risk to children’s health, safety or wellbeing within 7 days (regulation 175(2), 176). The record is kept until the child turns 25 (regulation 183).

An incident report in childcare is three things at once: the regulation 87 record, the parent notification under regulation 86, and, when the incident is serious, the notification to the regulatory authority through the NQA IT System. This page gives the required contents of the record field by field, the definition of a serious incident, the notification timeframes in one table, retention, and the mistakes that turn a well-handled incident into a compliance finding.

What the record must contain (regulation 87(3))

FieldRequirement
ChildName and age.
Incident, injury or traumaThe circumstances leading to it; the time and date it occurred.
IllnessThe circumstances surrounding the child becoming ill and any apparent symptoms; the time and date of the apparent onset.
Action takenWhat the service did, including any medication administered or first aid provided, and any medical personnel contacted.
WitnessesDetails of any person who witnessed the incident, injury or trauma.
NotificationsThe name of any person the service notified or attempted to notify, and the time and date of each notification or attempt.
EntryThe name and signature of the person making the entry, and the time and date it was made.
TimingAll of the above entered as soon as practicable and not later than 24 hours after the incident, injury or trauma, or the onset of the illness (regulation 87(4)).

Regulation 87 applies to the approved provider of every service and to each family day care educator. The procedure that staff follow when a child is injured, becomes ill or suffers a trauma is separately required by regulation 85, inside the regulation 168(2)(b) policy. A body map, photographs of the injury (with the regulation 168(2)(ha) image rules observed) and the first aid officer’s name are not prescribed but are what regulators expect to see attached.

What counts as a serious incident (regulation 12)

Who must be told, and by when

EventTellBy whenProvision
Any incident, injury, trauma or illnessThe child’s parentAs soon as practicable, within 24 hoursr 86 (penalty $6,600)
Any incident, injury, trauma or illnessThe recordWithin 24 hoursr 87(4)
Death of a childRegulatory authorityAs soon as practicable, within 24 hourss 174(2)(a), r 176(2)(a)(i)
Any other serious incident (r 12)Regulatory authorityWithin 24 hours of the incident or of becoming aware of its 174(2)(a), r 176(2)(a)(ii)
A complaint alleging a serious incident, or that the Law has been contravened, at the serviceRegulatory authorityWithin 24 hourss 174(2)(b), r 176(2)(b)
Incident the provider reasonably believes involved physical or sexual abuse of a child while in careRegulatory authorityWithin 24 hours of the incident or of becoming awarer 175(2)(d), r 176(2)(bb)
Allegation of physical or sexual abuse of a child while in careRegulatory authorityWithin 24 hours of the allegation or of becoming awarer 175(2)(e), r 176(2)(bc)
Any circumstance posing a risk to the health, safety or wellbeing of a child attending the serviceRegulatory authorityWithin 7 daysr 175(2)(c), r 176(2)(c)
Incident requiring the service to close or reduce numbersRegulatory authorityWithin 7 daysr 175(2)(b), r 176(2)(c)
Occurrence of an infectious diseaseEvery family at the serviceAs soon as practicabler 88(2)
Child protection concernThe state child protection authority and, where the state has one, the reportable conduct schemeUnder the state’s child protection lawr 84, state law
Serious workplace injuryThe work health and safety regulatorImmediately for a notifiable incidentWHS law

Notifications to the regulatory authority are lodged through the NQA IT System (form SI01 for a serious incident, C01 for complaints, NL01 for other notifications). Section 174 carries a penalty of $13,500 for an individual and $68,700 otherwise, and is an infringement-notice offence under section 291. Penalties are the National Law figures as adopted from 1 January 2026.

Retention

Regulation 183(2): a record relating to an incident, illness, injury or trauma suffered by a child while being educated and cared for, or that may have occurred following such an incident, is kept until the child is aged 25 years; a record relating to the death of a child, until 7 years after the death. It must be stored in a safe and secure place (regulation 183(1)), and confidentiality applies under regulation 181. If the service approval is transferred, incident records for currently enrolled children transfer with parental consent (regulation 184).

Where incident reporting goes wrong

Frequently asked questions

What must a childcare incident report include?

Under regulation 87(3): the child’s name and age; the circumstances and the time and date of the incident, injury or trauma, or the symptoms and time of onset of an illness; the action taken including first aid, medication and medical personnel contacted; witness details; the name of each person notified or whom the service attempted to notify with the time and date; and the name and signature of the person making the entry with the time and date. It must be completed within 24 hours.

When must parents be notified of an incident?

As soon as practicable, and not later than 24 hours after the occurrence, under regulation 86. The penalty is $6,600. Each notification or attempt, with its time and date, goes in the record.

What is a serious incident in childcare?

Regulation 12: the death of a child; serious injury or trauma that a reasonable person would consider needed urgent medical attention or for which the child attended or ought to have attended hospital; serious illness for which the child attended or ought to have attended hospital; any emergency for which emergency services attended; and a child missing or unaccounted for, taken or removed in contravention of the Regulations, or mistakenly locked in or out of the premises.

How quickly must a serious incident be reported to the regulatory authority?

Within 24 hours of the incident or of the approved provider becoming aware of it, under section 174(2)(a) of the Law and regulation 176(2)(a); the death of a child as soon as practicable and within 24 hours. Lodged through the NQA IT System. Allegations or belief of physical or sexual abuse are also 24 hours; circumstances posing a risk to children are 7 days.

How long must incident records be kept?

Until the child is 25 years old (regulation 183(2)(a) and (b)); records relating to the death of a child for 7 years after the death. They must be stored in a safe and secure place and kept confidential under regulations 181 and 183.

Is there a prescribed incident report form?

No. Regulation 87 prescribes the contents, not the form. ACECQA publishes a sample incident, injury, trauma and illness record that carries every required field, and most childcare software replicates it. Any form that captures all of regulation 87(3) within 24 hours meets the requirement.

Check whether an incident is notifiable

Describe what happened and what treatment followed. WIDEN Law answers against regulation 12, section 174 and regulations 175 and 176, with the source cited.

14-day free trial, no card →

This page is a research summary, not legal or compliance advice. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.