Access keys | Skip to primary navigation | Skip to secondary navigation | Skip to content | Skip to footer |

• Introduction
  • Acknowledgments
  • The Department of Child Safety
  • Relevant legislation
  • Other key departmental documents
  • Accountability for children in Queensland
  • Framework for the participation of children and young people in decision-making
  • Respecting diversity
  • Recognised Aboriginal and Torres Strait Islander entities
  • Delegations
  • Child safety service centres: Staff roles and responsibilities
  • How to use the Child Safety Practice Manual
• Practice maps
  • Child Safety framework
  • Intake
  • Investigation and assessment
  • Ongoing intervention
  • Matters of concern
• General procedures
  • i. Decision-making about Aboriginal and Torres Strait Islander children
  • ii. Staff safety and well-being
  • iii. Structured Decision Making
  • iv. Statutory obligation to notify the Queensland Police Service of possible criminal offences
  • v. Case management
  • vi. Information sharing
  • vii. Making a referral to Evolve
  • viii. Referral for active intervention services
  • ix. The role of the Child Safety After Hours Service Centre
  • x. Writing affidavits
  • xi. Responding to client complaints
  • xii. Recording alerts for a child and family
  • xiii. Providing adoption services
  • xiv. The video taping or recording of departmental staff
• Chapters
  • 1. Intake
  • 2. Investigation and assessment
  • 3. Use of powers
  • 4. Ongoing intervention
  • 5. Intervention with parental consent
  • 6. Intervention with a child protection order
  • 7. Children in out-of-home care
  • 8. Regulation of care
  • 9. Matters of concern
  • 10. Unborn children
  • 11. Transfers
  • 12. Professional supervision
  • 13. Critical incident reporting
  • 14. Child deaths
  • 15. Family Court of Australia
  • 16. Youth justice and child protection interface
  • 17. Interstate matters
• Appendices
  • Appendix A: Acronyms
  • Appendix B: Glossary
• Practice papers
• Quicklinks
  • Previous versions
  • Printable version
  • Resources
  • Updates

General procedures

• i. Decision-making about Aboriginal and Torres Strait Islander children
• ii. Staff safety and well-being
• iii. Structured Decision Making
• iv. Statutory obligation to notify the Queensland Police Service of possible criminal offences
• v. Case management
• vi. Information sharing
• vii. Making a referral to Evolve
• viii. Referral for Active Intervention services
• ix. The role of the Child Safety After Hours Service Centre
• x. Writing affidavits
• xi. Responding to client complaints
• xii. Recording alerts for a child and family
• xiii. Providing adoption services
• xiv. The video taping or recording of departmental staff

vi. Information sharing

Purpose

This procedure outlines the process for information sharing to support collaboration amongst government departments and non-government services in accordance with the Child Protection Act 1999, chapter 5A.

Authority

• Child Protection Act 1999, chapter 5A, section 159H, 59M, 159N and 187

Introduction

The Child Protection Act 1999, chapter 5A, outlines provisions to support collaboration amongst government departments and non-government service providers. These provisions allow the sharing of relevant information between government agencies, and between government agencies and non-government service providers, who provide services to children and families.

The purpose of the information sharing provisions is to remove current barriers to the exchange of relevant information to effectively meet the protection and care needs of children and to facilitate the coordination of service delivery to children and families.

This procedure provides an overview of the framework for performing functions under the Child Protection Act 1999, chapter 5A, under the following headings:

• information sharing (Child Protection Act 1999, section 159M);
• information requests made by the department (Child Protection Act 1999, section 159N);
• confidentiality and privacy of information;
• service delivery coordination (Child Protection Act 1999, section 159H); and
• case examples.

Top of page

1. Information sharing - section 159M

The information sharing provision allows 'prescribed entities' to give 'relevant information' to 'service providers' and vice versa. The sharing of information must be undertaken responsibly to meet the protective needs of children. The provisions do not prescribe whether the information should be shared in verbal or written form. In many circumstances (for example, case planning and coordination), the sharing will most likely be verbal, however a service provider may request the information be provided in writing.

Who can share relevant information

The information sharing provisions refer to prescribed entities and service providers.

For the information sharing provisions, 'prescribed entity' is defined as:

• the chief executive or an authorised officer of the department;
• the chief executive of the departments of Corrective Services, Communities, Disability Services, Education, Training and the Arts, Housing and Health;
• the Commissioner of the QPS; and
• principals of accredited/provisionally accredited non-state schools.

'Service provider' is defined broadly to capture any person or organisation providing a service to children or families, and prescribed entities are included in the concept of 'service provider'.

Service providers are able to give relevant information to the above listed prescribed entities. Prescribed entities can give relevant information to service providers, including another prescribed entity. However, if the service provider is not a prescribed entity listed above, it cannot give relevant information to another service provider who is not a prescribed entity. For example, Queensland Health may share information with a non-government organisation such as 'Spot for Kids' and 'Spot for Kids' (non-state school) may share information with the Department of Education, Training and the Arts, but 'Spot for Kids' cannot share information with another non-government organisation.

What is relevant information

Relevant information can be facts or opinion, and can be about a child in need of protection, their family or someone else and can include a person's criminal history, with some exceptions. Relevant information is defined differently for service providers and the department.

When sharing information with a service provider, the person sharing the information must reasonably believe that the information will assist the service provider to:

• decide whether to give information to the department about suspected harm or risk of harm to a child;
• assess or respond to health, educational or care needs of a child in need of protection; and
• make plans or decisions relating to or provide services to a child in need of protection or their family.

When sharing information with the department, the person sharing the information must reasonably believe that the information will assist the department to:

• investigate and assess an allegation of harm or risk to determine a child's need
  for protection;
• take immediate action, apart from an investigation and assessment, where a child
  is in need of protection;
• investigate and assess the likelihood a child will need protection after birth;
• offer help and support to a pregnant woman;
• develop or review a child's case plan;
• assess or respond to health, educational or care needs of a child in need of protection; or
• make plans or decisions relating to, or provide services to, a child in need of protection or their family.

How information can be shared

The information sharing provisions do not prescribe how the information should be shared and it can be shared either verbally or by writing. Information shared at the local level between service providers for case management purposes may be shared verbally.

When seeking information from a service provider, the service provider may require that the request for information be made in writing (for example, when the information being sought is contained in case files or reports). When seeking information in writing, the request may be faxed, emailed or sent through the post.

Any written requests for information should be made using a 'Request for information pursuant to Chapter 5A' form and contain the following information:

• the name of person requesting the information;
• the title of person requesting the information;
• the name of agency requesting the information;
• the name of the person/family the information relates to;
• what information is being sought;
• why the information being sought is relevant information (refer to 'What is relevant information');
• the relevant section of the Child Protection Act 1999, under which the information is being requested (for example, section 159M); and
• the urgency of the information being sought, including the reason for the urgency.

In the exchange of information between prescribed entities, both the information receiver and information provider should receipt the exchange of information in their departmental records.

Access, use and disclosure of youth justice information on ICMS

In accordance with the Child Protection Act 1999, a CSO can access, use and disclose youth justice information about a person that is stored in ICMS to the extent necessary to perform their functions under, or in relation to, the Child Protection Act 1999 and for other limited purposes allowed by the Child Protection Act 1999, section 187(3) and (4).

The CSO may access, use and disclose information about a youth justice client to:

• ensure the integrity of data stored in ICMS by identifying, and not creating, duplicate person records, and to ensure that familial relationships between person records are properly recorded;
• inform the investigation and assessment of a child's need for protection;
• offer help and support to a pregnant woman;
• inform the development and review of a child's case plan; and
• inform the assessment of, or response to, the health, educational, cultural or care needs of a child in need of protection.

When completing a client search on ICMS, the CSO will have access to client information such as full name, aliases, date of birth, ethnicity, Indigenous status, address and contact information, familial relationships, health history, alert information and placement or location of a child if they are not in the care of the parents.

In circumstances where a CSO determines that a person is a youth justice client or a family member, who is not a correct match to the client for whom they are searching, the CSO will not access, use or disclose information about that person.

Where a client is identified as being a shared client between both departments, the CSO will contact the case worker from Department of Communities to request additional information about the client.

	Youth justice clients subject to investigation and assessment (16.3) Youth justice clients subject to a support service case, intervention with parental agreement or a non-custodial child protection order (16.4) Youth justice clients subject to a child protection order granting custody or guardianship (16.5)

Providing feedback to notifiers from government and non-government agencies

When government and non-government agencies contact the department with concerns about harm or risk of harm to a child, the Child Protection Act 1999, section 159M and 187(3) allow the department to provide information about the response to their concerns. This recognises that government and non-government agencies provide a range of services to children and their families, and this may be disrupted or affected by departmental intervention, particularly if the intervention results in a child being removed from their family. The CSO will ask the notifier if they require feedback about the departmental response at the point of intake and may provide the feedback immediately, or via a follow-up telephone call. Where this information is critical to the notifying agency, or, if a safety issue is identified, the information must be provided to the notifier as soon as possible.

Top of page

2. Information requests made by the department - section 159N

The department has been provided with a specific provision to request information from specified prescribed entities (Child Protection Act 1999, section 159N). The provision does not prescribe how the information is to be requested, however, when the department is using this provision, the request will always be in writing and will clearly state that the request is being made under the Child Protection Act 1999, section 159N. Requests under the Child Protection Act 1999, section 159N, are delegated to zonal directors and CSSC managers and should be made on the 'Request for information pursuant to Chapter 5A' form.

The department can request the following prescribed entities to provide relevant information:

• an entity licensed to provide care services;
• the chief executive of the departments of Corrective Services, Communities, Disability Services, Education, Training and the Arts, Housing and Health;
• the commissioner of the QPS;
• the principal of an accredited/provisionally accredited non-state school;
• the person in charge of a student hostel; and
• the chief executive of an entity providing services to children or families that has been prescribed under a regulation.

Zonal directors and CSSC managers have the delegation for using the Child Protection Act 1999, section 159N. It is anticipated that this provision will not be used very often as the information sharing provisions under the Child Protection Act 1999, section 159M, allow for full collaboration and information sharing between agencies to meet the protection and care needs of children and their families.

What information can be requested

Only 'relevant information' can be requested by the department. Relevant information and the request must be for particular relevant information in the entity's possession or control.

How will information be requested

When using the Child Protection Act 1999, section 159N, the department will request the information in writing, using the 'Request for information pursuant to Chapter 5A' form. In emergency situations, the request may be made via telephone, but will be followed as soon as practical by the completed form.

The completed 'Request for information pursuant to Chapter 5A' form will contain the following information:

• the name and contact details of the person requesting the information;
• the name of the child/person/family the request relates to;
• what information is being sought;
• the reason for the information;
• relevant details about the child/person/family relating to the relevance of the information requested (see 'What is relevant information');
• the urgency of the information being sought, including the reason for the urgency; and
• a notation about the requirement for the agency to observe confidentiality and that all requests are logged by the department.

Additional details may be provided by the department, depending on the specific request. Additional information provided with a request may include:

• the age of the child;
• the child's cultural identity;
• whether the child has any disabilities;
• details of the child's siblings;
• the name of the school the child attends;
• the name and address of parent and/or carer; and
• the nature of the department's current or proposed intervention, for example, whether a child has been assessed as being in need of protection or subject to ongoing intervention.

When can a request be refused

There are limited circumstances where the prescribed entity can decline the department's request. These circumstances are when:

• giving the information could reasonably be expected to:
  • prejudice the investigation of a contravention or possible contravention of a law in a particular case; or
  • prejudice an investigation under the Coroners Act 2003; or
  • enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or
  • endanger a person's life or physical safety; or
  • prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or
• it would not be in the public interest to give the information.

If the person receiving the request for the information is not satisfied that the information they are being asked to provide meets the threshold of 'relevant information', that person may refuse the request to give information. A prescribed entity does not commit an offence by not complying with a request.

Top of page

3. Confidentiality of information

Can I be sued for sharing information

The Child Protection Act 1999, chapter 5A, provides protection from liability for sharing confidential or defamatory information.

A person is protected when providing relevant information if they are acting honestly and if their actions are related to the aims of the Child Protection Act 1999, chapter 5A. In this circumstance,
a person is protected against:

• criminal prosecution (for example, for committing an offence against an Act or failing to keep certain information on a departmental file confidential);
• civil suit (for example, for defamation or breach of privacy); and
• departmental/administrative processes (for example, a disciplinary action).

Practitioners who are bound by codes of ethics or other professional standards which might prevent them releasing client information are given specific protection when sharing information under the Child Protection Act 1999, chapter 5A. There is also a general provision preventing disciplinary action arising from a breach of any legislation, oath, rule or practice.

The Commonwealth Privacy Act 1988 generally prevents the disclosure of personal information. However, there is an exception to the Privacy Act 1988 when the disclosure is authorised by law. The Child Protection Act 1999, chapter 5A, provides this exception so when providing relevant information under this chapter, there are no privacy matters that need to be considered.

How to deal with information received under Chapter 5A

Any person receiving information under the Child Protection Act 1999, section 188, must keep it confidential. Further, once information has been released from one agency or person to another, there are restrictions on the use and disclosure of the information by that agency or person (Child Protection Act 1999, section 187).

The definition of 'person' for the purposes of the Child Protection Act 1999, section 187, includes prescribed entities. Persons covered include:

• licensees and their staff;
• staff of the department and contractors appointed by the department;
• police;
• foster carers and other carers who have care of a child under the Child Protection Act 1999;
• recognised Aboriginal and Torres Strait Islander entities and their employees, members and contractors;
• persons who attend family group meetings or those who have a role in developing, implementing or revising a case plan; and
• a member of a SCAN AM Team or their representative.

It is irrelevant whether the person is no longer actually in one of the above positions. The key is that they were privy to information when they were occupying one of those positions.

It is an offence for those persons to use, or disclose, or give anyone access to the information or document. The concept of access is different to disclosure. Disclosure implies actually passing the information to a person, whereas access might just be leaving a file in a position where a person can view the contents.

Disclosure or access is permitted where:

• the particular use or disclosure is necessary so that the person can perform their child protection role;
• the use or disclosure is for purposes related to a child's welfare (for example, a foster
  carer provides information directly to a school about the child to help the school meet the child's needs);
• it is done in the context of the department cooperating with other government agencies to assist them to provide services to a child in need of protection, or their family; and
• it is required or permitted by law (for example, where a summons or subpoena has been issued requiring the production of certain documents to a court, or where legislation enables a particular use or disclosure or access, such as the Freedom of Information
  Act 1992).

In addition to these exceptions, it is always permissible to disclose or give access to the person who the information or document is about, without breaching the Child Protection Act 1999, section 187.

Top of page

4. Service delivery coordination - section 159H

Who can be requested to provide services

The following prescribed entities can be requested by the department to provide a service:

• a licensee;
• the chief executive of the departments of Corrective services, Communities, Disability Services, Education, Training and the Arts, Housing and Health; and
• the commissioner of the QPS.

What services can be requested

The department may ask a prescribed entity to provide a service to a child in need of protection, or a member of the child's family, to help meet the child's protection and care needs and promote the child's well-being.

In addition, the department can request a service to a pregnant woman to help meet the unborn child's protection and care needs, and promote the unborn child's well-being after the child is born.

When requesting a service, it is important that the focus be on the need that is to be addressed, rather than the identification of a specific service response.

How to request a service

When the department is using this provision, the request will be in writing and will clearly state that the request is being made under the Child Protection Act 1999,section 159H. The department must also provide the service provider the information it needs to comply with the request.

The zonal director has the delegation for using the Child Protection Act 1999, section 159H. However, it is anticipated that this provision will not be used very often as the more general information sharing provision (Child Protection Act 1999, section 159M) allows for full collaboration between agencies to meet the protection and care needs of children and their families.

Can a request be refused

If a request is made for services, the prescribed entity must then take reasonable steps to provide the service, provided the request is consistent with the prescribed entity's function and does not unreasonably affect its other operations.

Top of page

5. Case examples

Following the exchange of information or the request for service provision, it is best practice for participating agencies to ensure they follow up with other service providers involved to inform them of outcomes. The following case examples highlight the need for this type of approach to information sharing, to ensure the best outcomes for children. Information exchange and collaboration is crucial to building strong and effective partnerships to provide coordinated services to meet the protection and care needs of children and their families.

Case example 1

A school makes a number of referrals to the local CSSC in relation to concerns about a student. The school has no response from the CSSC and is unsure whether its concerns have been responded to, and whether they should continue to report concerns to the department. In the meantime, the CSSC may have completed an investigation and assessment and found no reason to take any further action, or investigated and substantiated the harm or risk of harm and may be working with the family. Either way, if the school is made aware of the situation, they will be able to collaborate with the department in ensuring the provision of protection and care services that are in the best interests of the child.

Case example 2

The Department of Housing reports suspected neglect of a child to the department. The Department of Housing continues to work with the child's family as the public housing service provider. This work usually includes visiting the family's home. In this situation, it is important for the Department of Housing to be made aware of any safety issues which may impact upon Department of Housing workers attending the family's home or any relevant decisions they are making in relation to that family.

Case example 3

The department receives a report from Queensland Health that a child may be at risk of harm after he or she is born. It is important that Queensland Health is made aware of any ongoing involvement the department may have with a pregnant woman as this may impact upon the services they are providing to the pregnant woman.

	Request for information pursuant to Chapter 5A (Word 72 KB)

Top of page

Copyright | Disclaimer | Privacy | Access keys | Other languages

© The State of Queensland (Department of Child Safety) 2004-07.

Queensland Government