Page 740 - Week 02 - Thursday, 25 February 2010
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The restrictions and limitations placed on information sharing ensure that the best interests, safety and wellbeing of children and young people are paramount in decision making. The act also provides that a person who receives information under the act becomes an information holder and restricts the information shared by information holders and others.
The act differentiates information as protected information and sensitive information. Protected information includes all information about a person obtained by, or disclosed to an information holder, and it also includes sensitive information.
Sensitive information includes prenatal reports, reports made to the public advocate, care and protection report information, care and protection appraisal information, interstate care and protection information, family group conference information, contravention report information and information prescribed by regulation.
The act limits the sharing of protection information and provides further limitations on the use or disclosure of sensitive information.
Provisions that allow for the divulging of sensitive information require the consideration of the best interest, safety and wellbeing of the child and prohibit release of information that would identify a person who has made a child concern report.
Upon receipt of a child concern report or making of a child protection report, a prenatal report or notification, child protection authorities need to ascertain the level of risk to the children or young people concerned and the nature of voluntary or statutory involvement. To achieve this outcome, inquiries are made of persons or agencies that may be involved with the children or young people. This information is directly linked to reports which are sensitive information.
An amendment is proposed to expand the definition of sensitive information to include the information gathered following the receipt of a report. This will ensure consistent protection of a reporter and the information pertaining to that report.
Protection of a reporter’s identity is a primary consideration when considering the release of sensitive information. The act allows for release of sensitive information in limited circumstances and sections prohibit the release of sensitive information which could identify a person as a reporter.
The protection provided by these sections is currently limited to the reporter of a child of concern report, not including a prenatal reporter, a confidential report or an interstate care and protection report. The proposed amendment of section 845 will provide protection to all reporters under this act. This will continue the ongoing protection of reporters when sharing crucial information to assist and support children and families.
The scrutiny of bills committee noted that the amendment simply seeks to extend a definition in an appropriate way and maintains existing provisions concerning the protection of the reporter and privacy, in prenatal reports, of a pregnant woman.
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