Document, document, document: the importance of documenting incidents in childcare and other regulated industries.

Childcare centres are busy, dynamic environments. I have two kids in childcare, so I appreciate the pressures educators, nominated supervisors, and approved providers face.

However, all too often, in my previous role as a Detective Sergeant within the NSW Police Force’s Child Abuse Squad, I found that poor or no documentation led to adverse outcomes for childcare centres or the families whose children attended those centres.

A seemingly minor incident can become something much bigger

Picture this: an educator is carrying a child, trips, and drops the child. The child is extremely upset, but can be settled.

Anecdotally, it isn’t uncommon to encounter matters where young children have been able to be soothed, despite having sustained a significant injury such as a fractured arm or leg.

The educator decides not to make an incident report or notify the Nominated Supervisor because the child appears to be okay, and the educator doesn’t want to risk getting into trouble. Alternatively, the nominated supervisor is notified but doesn’t make accurate records, or, worse still, makes no records of the incident, for fear of reputational damage.

Later that night, the child isn’t able to weight-bear on their left leg. The parents notice that their child’s leg is swollen, so they attend their local hospital.

Paediatricians at the hospital determine that the child has a fracture in her leg, and when the parents are questioned as to how this injury occurred, they are unable to provide an explanation. The healthcare worker, who is a mandatory reporter, will, rightly, make a child protection report, citing that the child has an unexplained non-accidental injury. In NSW, this report will be investigated by specialist detectives in the NSW Police Force and specialist practitioners in the broader Joint Child Protection Response Program. In other states, equivalent specialist detectives and programs exist.

With little to no information about when, where, or how the injury occurred, the police will investigate the parents, the childcare centre, and anyone else who supervised the child in the days leading up to the injury. These investigations are lengthy, thorough, and often very emotionally confronting for everyone involved.

In this scenario, the investigation and emotional impact on all involved could have been avoided altogether if the educator had reported the incident, kept accurate records, and notified the parents.

Unfortunately, this isn't just hypothetical. It's a scenario I've come across many times over the years, and while the details change, the pattern is the same.

So, what should you document?

So, what should be done in this scenario? Document, document, document!

• Records should be made in real-time or as soon as possible after an incident.

• If you are involved in an incident, make notes about what happened, how and why it happened, and what you did about it.

• Don’t just assume a child hasn’t sustained a significant injury, just because you can’t immediately identify it.

• If you are a nominated supervisor or approved provider, and you become aware of an incident:

  • Document any enquiries you make, such as reviewing records, speaking with people or seeking advice.

  • Make notes about any conversations you have. Wherever possible, these should be written in the first person.

  • Unless necessary, avoid questioning the child – leave this up to the experts. If you do need to question the child, limit your questions to who, what, when, and where.

  • Document any decisions you make, why you make them and when you make them.

  • Document what actions you take, why you take them and who they involve.

  • Ensure you have clearly defined policies and procedures, especially in relation to child protection and employee conduct.

  • Ensure your policy definitions are broader than the legislation requires, not more restrictive. This will ensure that incidents are documented and, where legislation requires it, reported to the relevant regulator. If policy definitions are narrower or more detailed than the legislation, you risk failing in your reporting obligations under the various legislative frameworks applicable to the Childcare industry.

    
    

The issue may not end when the police investigation does

While the police may determine that no criminal offences were committed, the educator’s actions and subsequent inaction in this scenario may well constitute a breach of the centre’s policies and procedures, including its Code of Conduct.

Therefore, the Approved Provider may be obligated to investigate the circumstances leading up to the incident, its subsequent management, and whether any misconduct occurred.

Where an investigation finds that relevant workers failed to comply with incident management procedures or regulatory obligations, that failure is capable of grounding a finding of serious misconduct in its own right, separate from, and often more serious than, the incident that triggered it. The fall was an accident. The decision not to report it wasn't.

Independent investigations in regulated environments

Riskwise Consulting is a national specialist provider of workplace and safeguarding investigations across Australia. Our independent and defensible investigations are supported by decades of experience in criminal investigations, regulatory compliance, workplace conduct, and child protection. We also help organisations strengthen the governance, compliance, risk management, and workplace culture frameworks that underpin safe and accountable workplaces. If you require an experienced external investigator, contact us to discuss how we can assist.

About the author: Dan has nearly two decades of investigative experience across forensic science, criminal investigations, and complex child protection matters, with broader expertise across other regulated and high-risk sectors.

Prior to joining Riskwise Consulting, Dan served for 18 years in the NSW Police Force, including six years in the Child Abuse Squad, predominantly as a Detective Sergeant.

At Riskwise Consulting, Dan applies this experience to complex regulatory investigations in high-risk and highly regulated environments, providing clear, defensible findings and practical risk-management advice aligned with governance and regulatory expectations.