Information Exchange for the Safety, Welfare and Wellbeing of Children and Young People
The Report of the Special Commission of Inquiry into Child Protection Services in NSW (2008) highlighted the multi-dimensional nature of risks facing vulnerable children and families where factors such as domestic violence, drug and alcohol use or mental health and neglect feature in child protection reporting.
On 30 October 2009, new information exchange provisions were inserted into Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998, which allows for the flow of information between government agencies and NGOs to facilitate collaboration in the provision of services to vulnerable children and their families. Sometimes it only becomes clear that a child or young person has been harmed, or is at risk, when information from a number of sources is combined to create a complete picture about their circumstances. These new information exchange provisions will assist in identifying cumulative harm from a combination of factors and/or over time. Such information exchange can occur whether or not the child or young person is known to Community Services and whether or not the child or young person consents to the information exchange.
These new rules operate in addition to the existing rules of information exchange between Community Services and other government agencies and non-government organisations contained in Section 248 of the Children and Young Persons (Care and Protection) Act 1998.
What information can I share?
The legislation allows you to share relevant information about a vulnerable child or young person in specific circumstances without needing to be concerned about legal or professional consequences, provided you do so in accordance with Chapter 16A and in good faith. However, it is important for you to know when and how you can share this information, and when you need consent of a child or young person or their parents.
The Keep Them Safe - Information Exchange Policy Directive PD2010_013 outlines the new legislative requirements for NSW Health staff in relation to the exchange of information with other human services and justice agencies.