HR Record Retention Requirements

Australia - Summary Chart

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AUSTRALIA


DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Recommend 7 years

From creation

N/A - best practice

Time records (work hours, rest periods, vacation/sick/holiday, etc.)

Minimum 7 years

From creation

Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3

Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)

Recommend 7 years

From creation

N/A - best practice

Data and personnel files

Recommend 7 years

From creation

N/A - best practice

Government verification records (work papers, immigration, eligibility to work, etc.)

Recommend 7 years

From creation

N/A - best practice

Specified records relating to Subclass 457 or TSS visa holders to demonstrate compliance with sponsorship obligations (written employment contract, required notifications to the Department of Human Services, etc.)

Minimum 5 years

From creation

Migration Regulations 2004

Collective bargaining/union

Recommend 7 years or duration of agreement if longer

From date agreement takes effect

N/A - best practice

Background checks and drug tests

Recommend 7 years

From receipt of checks / tests

N/A - best practice

Acknowledgements, policy agreements and required notices

Recommend 7 years

From creation

N/A - best practice

Recruitment (interview notes, resumes/CVs, reference checks, etc.)

Recommend 7 years

From creation

N/A - best practice

Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)

Recommend 7 years

From creation

N/A - best practice

General records (e.g., employee's name, employer's name and ABN, commencement date and basis of employment (full-time, part-time, etc.); individual flexibility records; guarantee of annual earnings records; termination records; and transfer of business records

Minimum 7 years

From creation

Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Recommend 7 years

From and during participation

N/A - best practice

Pension and retirement records

Minimum 7 years

From creation

Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3

Equity records

Recommend 7 years

From date of award

N/A - best practice

PAYROLL/WAGE/TAX RECORDS

 

 

 

Payroll and wage data (payslips, etc.)

Minimum 7 years

From creation

Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3

Tax records

Minimum 5 years

From the later of when the records were prepared or obtained, and the completion of the transactions or acts to which they relate

Taxation Administration Act 1953; Income Tax Assessment Act 1997; Income Tax Assessment Act 1936; relevant State-based payroll tax legislation; Superannuation Guarantee (Administration) Act 1992; Fringe Benefits Tax Assessment Act 1986

Records of all wages paid to workers employed by the employer; the trade, occupation or calling of each worker, and other matters relating to those wages relevant to the calculation of workers' compensation insurance premiums under policies of insurance

Minimum 5 years

From the last entry made in the record

Workers Compensation Act 1987 (NSW) - and equivalent legislation in other States

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum 7 years

From creation

Fair Work Regulations 2009 - Chapter 3, Pt 3.6 - Division 3

Injury and illness incident reports

Minimum 5 years

From the day that notice of the incident is given to the regulator

Secton 38(7) Work Health and Safety Act 2011 (Cth) - and equivalent in State legislation

Medical records

Recommend 7 years

From creation / receipt

N/A - best practice

Hazardous material and other exposure records

Minimum 30 years (for air-borne contaminant levels arising from use of hazardous chemicals and similar (including lead)) and up to 40 years for asbestos 

From the date the record is made

Work, Health and Safety Regulations 2011 - and equivalent in State regulations

 

 


Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.

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