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

• Child Protection Act 1999 (Qld) (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
• Education (General Provisions) Act 2006 (Qld) (new window) 426 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducGenPrA06.pdf
• Information Privacy Act 2009 (Qld) (new window) 2009 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/InfoPrivA09.pdf
• Right to Information Act 2009 (Qld) (new window) 2009 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/R/RightInfoA09.pdf
• Education(Accreditation of Non-State Schools) Act 2001 (Qld) (new window) 2001 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducAccNSSR01.pdf

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

Statement of intent

Timely and confidential sharing of information by service providers about a child's protection or care is essential. Appropriate information sharing can ensure a child 's safety and enable a coordinated service response that meets the needs of the child and his or her family. Only relevant information can be shared, which may comprise facts or an opinion in verbal or written format.

The Child Protection Act 1999 (Qld) (new window) enables the Department of Education and Training (DET), as a prescribed entity, to give information to, and receive information from, other prescribed entities and service providers concerned with the delivery of services to children and families.

Section 159H allows Department of Communities (Child Safety Services) to request services from the DET, s.159M of the Child Protection Act 1999 allows DET authorised officers to share relevant information with prescribed entities other service providers, and s.159N allows Department of Communities (Child Safety Services) to request information from authorised DET officers.

The Director-General of DET authorises certain departmental officers to give or receive relevant information in order to contribute to a whole-of-government response to child protection issues. Authorised officers can share relevant information about children who have been harmed or neglected or who are at risk of harm.

Responsibilities

• nominates the following as authorised officers to give to or receive relevant information to, or from, other prescribed entities and service providers:
  • Deputy Director-General, Education Queensland
  • Assistant Director-General, Student Services
  • Executive Director and Directors, Student Services Branch
  • Director, Child Safety (within Department of Education and Training)
  • Principal Advisors, Student Services Branch
  • Senior Advisors, Student Services Branch
  • Director, Performance Monitoring and Reporting Branch
  • Director, Workforce Relations (Education)
  • Director, Ethical Standards
  • Assistant Directors and Principal Advisors, Ethical Standards Unit
  • Manager (Discipline & Grievance Unit)
  • Regional Directors
  • Executive Directors (School Improvement)
  • 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 can give or receive relevant information to, or from, the following prescribed entities and service providers:
  • Queensland Police Service
  • Department of Communities
  • Department of Education and Training
  • Department of Health
  • Department of Community Safety
  • principal of an accredited or provisionally accredited non-state school
  • person in charge of student hostel
  • a licensee of a service that provides care for children in custody or guardianship of chief executive of Department of Communities (Child Safety Services)
  • another provider of services to children and families where appropriate.

• refer to the Guide for Authorised Officers when considering sharing or requesting information under s.159 of the Child Protection Act 1999
• 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 a Suspected Child Abuse and Neglect (SCAN) Team when:
  • assistance or support is required to request or respond to a request to share information
  • information is needed 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 Communities (Child Safety Services) 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:
  • 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 SCAN 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) 52k
  • complete Part B of Education Queensland: Sharing Information for Child Protection form (new window) 52k 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 Communities (Child Safety Services) for sharing relevant information:
  • recognise that authorised officers of Department of Communities (Child Safety Services) can request Education Queensland to provide relevant information that is in Department 's possession or control
  • respond to written requests from Department of Communities (Child Safety Services)
  • respond to verbal requests during an emergency and after identity of person requesting information is verified
  • ensure a written request is forwarded after such events
  • complete Parts A and B of Education Queensland: Sharing Information for Child Protection form (new window) 52k and retain as a departmental record of exchange of information
  • realise it is unusual for a request from Department of Communities (Child Safety Services) to be declined. Seek clarification from relevant supervisor prior to any such decision.
  • observe confidentiality of information given to Department of Communities (Child Safety Services)
  • note that requests will be logged by Department of Communities (Child Safety Services) for tracking purposes.
• adopt following protocols when responding to requests from Department of Communities (Child Safety Services) for a service:
  • respond to requests from Department of Communities (Child Safety Services) 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 from SCAN Team meetings
  • complete Parts A and B of Education Queensland: Sharing Information for Child Protection form (new window) 52k and retain as a record
  • follow up request for service provision by informing Department of Communities (Child Safety Services) of outcomes.

Forms

• Education Queensland: Sharing Information for Child Protection form (new window) 52k

Other relevant documents

• Definitions/strategic/eppr/students/smspr018/definitions.html
• 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

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, 1.1
• HS-21: Information Sharing Under the Child Protection Act 1999 - Version: 2005