What the Law and Risk Management Say

In traffic management, one question comes up again and again: how long do we really need to keep site records?

At first glance, it might seem like an administrative detail. But the retention of traffic management documentation — such as Traffic Management Plans (TMPs), Traffic Guidance Schemes (TGSs), daily set-up records, and compliance evidence — is far more than a box-ticking exercise. It’s about legal compliance, protecting your business, and being ready when the unexpected happens.

This blog explores the regulatory requirements, contractual obligations, and risk management best practices around record-keeping. It also highlights the pitfalls of deleting records too early — and why having an accessible, long-term archive is no longer optional.

Why Record Retention Matters in Traffic Management

Traffic management is one of the most heavily scrutinised areas of civil construction and infrastructure work. A single incident, whether a public complaint, workplace accident, or regulator audit, can put a project’s safety compliance under the spotlight.

When that happens, it’s not enough to say: “We did the right thing.”
You need to prove it. And the proof lives in your records.

Common site records include:

Approved TMPs and TGSs
Daily pre-start checklists
TMI Checklists
Site setup evidence (photos or video)
Incident reports and corrective actions
Site-specific risk assessments
Worker competency/training records

If these records are missing, incomplete, or prematurely deleted, the consequences can be significant:

Regulatory penalties for non-compliance
Project delays while evidence is re-created or disputed
Insurance disputes where liability cannot be defended
Legal exposure if an incident results in injury or property damage

What the Law Requires: Record Retention Across Australia

Each Australian state and territory approaches traffic management slightly differently, but most regulations fall under a combination of Work Health & Safety (WHS) laws, road authority codes of practice, and contract-specific requirements.

Here’s a breakdown:

Western Australia

Under Main Roads WA Code of Practice, contractors must keep evidence of compliance (including TMPs, TGSs, and setup records).
As of 1 January 2025, WA introduced a requirement that site setups may need drive-through video evidence to be retained for verification.
Retention is typically 7 years in line with WA’s limitation periods for civil liability.

New South Wales

SafeWork NSW requires WHS documentation, including risk assessments and TMPs, to be kept as long as relevant to a project — but in the event of an incident, evidence must be available for at least the duration of legal proceedings.
Road authority contracts (Transport for NSW) often specify 7 years minimum for TMP and compliance records.

Victoria

The Department of Transport and Planning (DTP) has implemented a Traffic Management Surveillance Framework. Non-compliance can result in penalties or exclusion from future contracts.
While legislation doesn’t mandate a specific number of years, contractors are expected to retain TMPs and records long enough to cover audit, complaint, and liability windows (commonly 7 years).

Queensland

The MUTCD (Manual of Uniform Traffic Control Devices) places responsibility on both the creation and execution of TMPs.
Retention requirements are project-based, but civil liability law in QLD generally applies a 6-year limitation period — meaning at least that long is considered prudent.

South Australia, Tasmania, ACT, NT

These jurisdictions often follow WHS general record retention requirements.
For contracts with road authorities, 5–7 years is common for TMPs and compliance documentation.
Like other states, retention aligns with limitation periods for civil claims, generally 6 years minimum.

**Key takeaway:**

While each state phrases it differently, the safe rule of thumb is:
- **Keep site records for 7 years** to meet legal, contractual, and liability requirements.

The Risk of Deleting Too Early

Too often, organisations treat record-keeping as a storage cost issue. Once a project is closed, the instinct is to “clear the servers” or free up physical filing space.

But the risks of deleting early far outweigh the costs of retention.

1. Legal Liability

Civil claims can be brought years after an incident. If a motorist has an accident in a work zone and alleges inadequate traffic management, you may face a claim 5 or 6 years later. Without records, your ability to defend your actions is compromised.

2. Regulator Audits

Authorities such as SafeWork or road agencies may conduct retrospective audits. If you cannot produce records from a project 3 or 4 years ago, it signals weak governance.

3. Insurance Disputes

Insurers increasingly demand documentary proof before covering liability claims. If you can’t show a compliant setup, the insurer may refuse coverage.

4. Reputation Risk

Word spreads quickly in the industry. Contractors unable to demonstrate compliance can find themselves losing prequalification or tender opportunities.

Beyond Compliance: Records as Risk Management

Holding onto records isn’t just about avoiding fines — it’s a risk management strategy.

Transparency builds trust: Councils and clients expect contractors to have nothing to hide.
Dispute resolution is faster: When complaints arise, a quick search for timestamped evidence can defuse conflict.
Learning from the past: Old records provide insights into recurring compliance issues and opportunities to improve.

The Role of Technology in Simplifying Retention

Here’s where technology comes in. Paper-based systems and ad-hoc photo storage aren’t enough anymore. A lost USB or missing hard drive could mean losing critical evidence.

Modern solutions (like SiteStory and similar systems) make record-keeping automatic, searchable, and securely stored. Key advantages include:

7-year archiving: Meeting the gold standard for compliance across jurisdictions.
Timestamped and geotagged evidence: Making records indisputable.
Centralised access: Reducing time wasted hunting through folders.
Downloadability: Even if a subscription ends, records can be exported to ensure retention obligations are still met.

This kind of system moves record-keeping from being a burden to being a protective shield for the business.

Practical Tips for Contractors

Default to 7 years. Unless a client specifies otherwise, this covers you across Australia.
Check contracts. Some contracts (e.g., major road projects) may require longer.
Audit your current archive. Can you retrieve a TMP from 5 years ago in under 10 minutes? If not, your system may need improvement.
Plan for portability. If you change systems, ensure your records come with you.
Think litigation, not just compliance. Ask: If this went to court in 6 years, would we have proof?

Conclusion

The question isn’t just “How long should we keep site records?”
It’s “How long might we need to protect ourselves, our workers, and our clients?”

Across Australia, seven years is the safest benchmark — aligning with both contractual norms and limitation periods for civil claims. But beyond legal minimums, keeping comprehensive, accessible, timestamped records is a business-critical safeguard.

Those who treat record-keeping as a strategic advantage, not an afterthought, will be the ones best prepared for audits, disputes, and client scrutiny.

References

Main Roads WA, Traffic Management for Works on Roads Code of Practice, 2024 (including Jan 2025 updates).
SafeWork NSW, Traffic Control Guidance Materials & Compliance Statistics 2023.
Department of Transport and Planning (Victoria), Traffic Management Surveillance Framework, 2023.
Queensland Department of Transport and Main Roads, Manual of Uniform Traffic Control Devices (MUTCD), latest revision.
WHS Regulations (all states and territories), Safe Work Australia, 2023.

How Long Should You Keep Site Records?