SMS-PR-018: Information Sharing under Child Protection Act 1999

• Child Protection Act 1999 (new window) Sections 9, 10, 11, 22, 159A-R, 186, 187, 188 and Schedule 3 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ChildProtectA99.pdf

• SMS-PR-012: Student Protection /strategic/eppr/students/smspr012/

Statement of intent

The Child Protection Act 1999 enables Department of Education and Training, as a prescribed entity, to give information to, and receive information from, other prescribed entities and all other service providers. Only relevant information can be shared. This can be facts or an opinion in verbal or written format.

Timely and confidential sharing of relevant information by service providers about a child's protection or care is essential to ensuring a child's safety and a coordinated and responsive service delivery that meets the needs of the child and his or her family.

Director-General of Education and Training authorises specific departmental officers within Education Queensland to give or receive relevant information relating to child protection to or from service providers to contribute individually and collectively to a whole-of-government response to child protection issues. Service providers are prescribed entities or another person providing a service to children.

Authorised officers will share identifying information with service providers about children who have been harmed or neglected or are at risk of harm. S.159M of the Child Protection Act 1999 allows authorised officers of Education Queensland to share relevant information with other service providers, S.159N allows Department of Child Safety to request information from authorised officers of Education Queensland and S.159H allows Department of Child Safety to request services from Education Queensland.

Responsibilities

• Nominates following as authorised officers of Education Queensland to give to or receive relevant information to, or from, other service providers:
  • Deputy Director-General, Education
  • Assistant Director-General, Student Services
  • Executive Director and Directors, Student Services Division
  • Director, Child Safety (within Department of Education and Training)
  • Principal Advisors, Student Services Division
  • Senior Advisors, Student Services Division
  • Director, Performance Monitoring and Reporting Branch
  • Director, Workforce Relations (Education)
  • Director, Ethical Standards
  • Assistant Directors and Principal Advisors, Ethical Standards Unit
  • Manager (Discipline & Grievance Management)
  • Regional Executive Directors
  • Executive Directors (Schools)
  • Principal Advisors, Regional Services
  • Principal Advisors, Education Services
  • Principal Education Officers, Student Services
  • School Principals
  • Deputy Principals
  • Senior Guidance Officers
  • Guidance Officers
  • Registered nurses employed as registered nurses by Education Queensland
• Advises that authorised officers of Education Queensland can give or receive relevant information to, or from, following departments:
  • Child Safety
  • Police
  • Communities
  • Education, Training and the Arts
  • Health
  • Disability Services
  • Housing
  • Corrective Services
  • Principal of an accredited or provisionally accredited non-government school.
• Advises that authorised officers of Education Queensland can give or receive relevant information to, or from, following non-government entities:
  • Person in charge of student hostel
  • Another entity that provides a service to children and families where appropriate
  • A licensee of a service that provides care for children in custody or guardianship of chief executive of Department of Child Safety.

• Use information sharing provisions responsibly to meet protection and care needs of children.
• Consult with a senior guidance officer or an Education Queensland member of Suspected Child Abuse and Neglect (SCAN) System when:
  • assistance or support required to request / respond to a request to share information
  • need information about a relevant statutory or agency requirement.
    (SCAN representatives have appropriate knowledge and experience in child protection to contribute to case discussions and have authority to commit required agency resources).
• Preserve privacy and confidentiality of information and documentation about a child and his/her family.
• Advise all employees under their supervision of their responsibilities and obligations within this policy.
• Understand that a person who, acting honestly, notifies Department of Child Safety of suspected or alleged harm to a child or sharing relevant information will be protected from liability.
• Appreciate that provisions of Child Protection Act 1999 do not guarantee protection of identity of persons exchanging relevant information. Circumstances can occur when identity of person sharing information will be made available to others.
• Adopt following protocols for sharing relevant information and services to or by Education Queensland:
  • Share only that information that is necessary for protection of child.
  • Recognise Education Queensland members of SCAN system will share available and relevant information and data held by schools with other members, on cases for discussion, prior to and during Assessment and Management (AM) and Community Implementation (CI) Team meetings.
  • Require requests for sharing relevant information to be in writing. In an emergency a verbal request can be followed by a written request. (A verbal exchange of information is acceptable once case management processes are operational at local level. Retain record of such exchanges of information by prompt completion of file notes).
  • Request necessary background from the service provider and verify identity of person with whom to share information to complete Part A of Education Queensland: Sharing Information for Child Protection form (new window) 71k .
  • Complete Part B of Education Queensland: Sharing Information for Child Protection form (new window) 71k and retain as a departmental record.
  • Retain form in secure storage where confidentiality is maintained.
  • Follow up exchange of information by informing service provider of outcomes.
• Adopt following protocols when responding to requests from Department of Child Safety for sharing relevant information:
  • Recognise that authorised officers of Department of Child Safety can request Education. Queensland to provide relevant information that is in Department's possession or control
  • Respond to written requests from Department of Child Safety
  • Respond to verbal requests during an emergency and after identity of person requesting information is verified
  • Require a written request is forwarded after such events
  • Complete Parts A and B of Education Queensland: Sharing Information for Child Protection form (new window) 71k and retain as a departmental record of exchange of information
  • Realise it is unusual for a request from Department of Child Safety to be declined. Seek clarification from relevant supervisor prior to any such decision.
  • Observe confidentiality of information given to Department of Child Safety
  • Note that request will be logged by Department of Child Safety for tracking purposes.
• Adopt following protocols when responding to requests from Department of Child Safety for a service:
  • Respond to requests from Department of Child Safety to assist in delivery of educational services around promotion of wellbeing, participation in school life and academic achievement for a student with care and protection needs
  • Recognise that Education Queensland SCAN System representative may at times request educational services for a student to implement recommendations of AM and CI Team meetings
  • Complete Parts A and B of Education Queensland: Sharing Information for Child Protection form (new window) 71k and retain as a record
  • Follow up request for service provision by informing Department of Child Safety of outcomes.

Forms

• Education Queensland: Sharing Information for Child Protection form (new window) 71k

Not Applicable

Other relevant documents

• Definitions - Schedule 3 Dictionary in the Child Protection Act 1999 (new window) http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ChildProtectA99.pdf
• Education Support Plans http://education.qld.gov.au/students/incare/supportplan.html
• Obligations for confidentiality - chapter 6 part 6 sections 186, 187, 188 (new window) http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ChildProtectA99.pdf
• Relevant Information - Guide for Authorised Officers/strategic/eppr/students/smspr018/attachment1.html

Contacts

For information about information sharing under the Child Protection Act, contact:

• SMS-PR-018: Information Sharing Under the Child Protection Act 1999 - Version: 1.0
• HS-21: Information Sharing Under the Child Protection Act 1999 - Version: 2005