1.0 Information Sharing Policy - Northern Territory Council of Social ...

1.0 Information Sharing Policy
Policy Scope:
This policy explains why, when and how to share information legally, professionally and
appropriately under the new “information sharing framework” of the Care and Protection of
Children Act 2007 (NT).
The legal basis for this information sharing came into effect on 1 July 2012. It is essential that all
[Insert ORGANISATION NAME] staff become familiar with the new information sharing
framework for child safety and wellbeing. Further information can be found at:
www.informationsharing.nt.gov.au
Useful Definitions:
• Child or young person - means a person less than 18 years of age.
• Information Sharing Officer - means a [Insert ORGANISATION NAME] staff member that has
been identified and authorised to share information.
• Authorised Information Sharer - means an information sharing authority and will most
often be an individual person who is authorised because of the job they hold.
• Information Sharing Authority - means a person or organisation defined as an information
sharing authority in section 293C of the Care and Protection of Children Act 2007 (NT).
• Reasonable belief - can be summarised as an honest belief which is well-founded. It is more
than a suspicion.
• Safety - means the condition of being and feeling safe. Safety is freedom from the
occurrence or risk of physical or psychological injury, danger or loss.
• Wellbeing - includes a child’s physical, psychological and emotional wellbeing.
Policy Purpose:
The purpose of this policy is to make it clear how [Insert ORGANISATION NAME] Authorised
Information Sharer can request and receive information from others who are working with and
helping children and the children's family.
Policy Statement:
[Insert ORGANISATION NAME] is committed to developing and maintaining a responsive and
effective role as an Information Sharing Authority for child safety and wellbeing. To assist with
this objective, [Insert ORGANISATION NAME] has identified, trained and authorised certain staff
members to be an Authorised Information Sharer. A list of NGO workers who qualify as
Authorised Information Sharers is available in Attachment 1 of this policy document.
[Insert ORGANISATION NAME] has changed its existing policy and procedures documents so that
they are consistent with the legislation and are tailored to its specific work practices; the
authority to share information will be included in the employee’s duty statement.
While [Insert ORGANISATION NAME] has identified and authorised specific Authorised
Information Sharers, this does not:
• Affect the mandatory reporting of harm, exploitation or some sexual offences under s26 of
the Care and Protection of Children Act 2007 (NT); or

• Affect the provisions of the Act which allow an Authorised Officer or the Children’s
Commissioner to seek information as part of an Inquiry or Investigation into a situation
where a report or complaint has been received that raises concerns for a child’s safety or
wellbeing; or
• Require a person or an organisation to take any step which is not in accordance with the
Care and Protection of Children Act 2007 (NT).
Under this new framework, [Insert ORGANISATION NAME] Authorised Information Sharers need
to confirm before sharing information that they are sharing information only with other
Authorised Information Sharers. A list of accepted authorised information sharers is provided in
Attachment 2 of this policy document.
Policy Principles:
• [Insert ORGANISATION NAME] Authorised Information Sharers should provide and receive
information to assist their organisation in working in child safety and wellbeing related
tasks;
• Personal information should be managed with sensitivity and discretion, recognising that
the wellbeing of a child includes respect for their personal integrity and dignity, and that of
their family, and involves, particularly for older children, having control over their personal
information wherever possible;
• [Insert ORGANISATION NAME] Authorised Information Sharers are to work collaboratively to
ensure child safety and wellbeing and to respond to legitimate information sharing requests
in a timely fashion;
• Rules and standards to protect confidentiality and privacy of individuals should not obstruct
the sharing of information for the safety and wellbeing of children;
• [Insert ORGANISATION NAME] Authorised Information Sharers need to consider what
factors should be taken into account in the formation of a “reasonable belief” for the
purposes of the information sharing framework; and
• [Insert ORGANISATION NAME] Authorised Information Sharers should identify when
consideration needs to be given to obtaining consent from the relevant parties before
sharing information under the information sharing framework. Authorised Information
Sharers are not legally required to obtain consent to share information under the
information sharing framework.
• Team Leaders or CEOs should review the implementation of the policy and procedures in
team meetings or individual supervision session to ensure information is shared
appropriately and in line with the information sharing guidelines and the legislation and its
intent.
Procedures and Practices:
There are five main procedures that make up the information sharing framework and should be
followed by [Insert ORGANISATION NAME] Authorised Information Sharers. These are:
1. Information Sharing
As an Authorised Information Sharer you may decide to share information with another
Authorised Information Sharer at your own instigation, i.e. when no request has been made, as
long as you:

• Specify the child or children to whom the information relates when sharing the information.
• Have a reasonable belief that the information would help the recipient take a specified
action in relation to the child or children. Such as conduct an investigation, make a decision
or provide a service to enable informed case management practices.
In this circumstance, as an Authorised Information Sharer, you should:
• Determine and use the most appropriate method of communication on a case by case basis
– information can be shared verbally, by email or in writing.
• Ensure all exchanges of information, made under the information Sharing Framework, are
recorded in the Client File – in accordance with the Record Keeping and Documentation
procedure described below (refer procedure 5).
2. How to request information
As an Authorised Information Sharer, you should:
• Determine the information you wish to collect and clearly identify the child or group of
children about whom you wish to collect the information.
• Review the Client File to check you are not asking partner agencies to prepare and provide
duplicate information.
• Determine which person you wish to request the information from.
• Determine if the person is an Information Sharing Authority.
• Identify the reasons why you need the information (i.e. assessment, case planning, service
provision, or to initiate or conduct an investigation).
• Check whether the person or organisation providing the information has obtained consent
from the relevant parties before sharing information. Best practice is to seek consent
before information is exchanged, provided that doing so will not impact negatively upon the
child’s safety or wellbeing or an investigation in relation to a child.
• Ensure seeking consent does not jeopardise the safety or wellbeing of any other person
including a person in your workplace or employee of another organisation.
• Indicate the time period for the information being sought (e.g. for the last six months, last
three years).
• Provide a realistic timeframe to the Authorised Information Sharer for the requested
information. Communicating/negotiating a due date is best practice as it promotes
collaboration and can ensure urgent matters are prioritised.
• Determine and use the most appropriate method of communication on a case by case basis
– information can be shared verbally, by email or in writing.
• Ensure all exchanges of information, made under the Information Sharing Framework, are
recorded in the Client File – in accordance with the Record Keeping and Documentation
procedure described below (refer procedure 5).
3. How to provide information
As an Authorised Information Sharer, you should:
• If receiving a request for information, determine if the person or organisation requesting the
information is an information sharing authority. If this person is unknown to you, you can
ask them to put their request into an email, which will confirm the organisation they are
working for. If you are still not clear, then you can contact the agency by phone and ask for
verification of employment and confirmation of the organisation that this person is an
information sharing authority.

• Determine if information requested is appropriate to share and relevant to the child’s safety
and wellbeing.
• Determine that you reasonably believe that the sharing of this information will not endanger
the child or another person’s life or physical safety
• Consider what the requested information will be used for (i.e. assessment, case planning,
service provision, or to initiate an investigation). This will assist you to determine the
relevant information to share.
• Consider obtaining consent from the child and/or family members before sharing
information. Best practice is to seek consent before information is exchanged, provided that
doing so will not impact negatively upon the child’s safety or wellbeing or an investigation in
relation to a child.
• Determine and use the most appropriate method of communication on a case by case basis
– information can be shared verbally, by email or in writing.
• Ensure all exchanges of information, made under the information Sharing Framework, are
recorded in the Client File – in accordance with the Record Keeping and Documentation
procedure described below (refer procedure 5).
4. When and how to refuse to share information
As an Authorised Information Sharer you may refuse to share information:
• When the person making the request is not an Authorised Information Sharer.
• When the information requested is not relevant to the child safety or wellbeing of the child
in question.
• When the request is not in relation to a specified child or children.
• When you reasonably believe that sharing the information might:
◦ Endanger a person’s life or physical safety;
◦ Prejudice the investigation of a crime or other illegal activity;
◦ Prejudice a Coronial inquest or inquiry;
◦ Prejudice court or tribunal proceedings;
◦ Breach legal professional privilege or client legal privilege;
◦ Enable the identification of a confidential source related to the enforcement or
administration of a law; or
◦ Prejudice the effectiveness of a method or procedure for detecting, preventing or
investigating criminal or illegal activity.
In this circumstance, as an Authorised Information Sharer, you should:
• Notify the person making the request of the decision to refuse to share information and,
where safe, you can advise them of the reasons why.
• All refusals to share information have to be in writing.
• Ensure all exchanges of information, made under the Information Sharing Framework, are
recorded in the Client File – in accordance with the Record Keeping and Documentation
procedure described below (refer procedure 5).
5. Record Keeping and Documentation
It is best practice to record all exchanges (including refusals) of information made under the
information sharing framework in the Client File which might be as hard copy or as an electronic
record. .
• Documentation should cover:
◦ Information requests received;
◦ Information requests made;

◦ Information that has been shared; and
◦ Information requests that have been refused, together with the reasons for refusal.
• Information shared under the information Sharing Framework remains confidential
information. It is an offence to use or disclose such information for a purpose not related to
the safety or wellbeing of a child to whom the information relates, unless otherwise
authorised by law (for example, a request for information by the Children’s Commissioner).
• Information should be requested and provided in a secure way so that it is seen only by
those who need to be aware of it. The usual privacy considerations under the Northern
Territory Information Act (2002) apply.
6. Complaints procedure
If your request for information has been refused and you disagree with the position you should go
through your line manager. The line manager should liaise with the other Information Sharing
Authority in question, preferably with a person at the same level. If no agreement is reached the
matter should be referred to the Information Sharing Unit at DCF. (Tel: 1800 288 424)
Documents related to this policy
Related policies
Standards or other references:
Legislation or other requirements:
Forms, record keeping or other
documentation requirements:
[List any related policies]
Example: Privacy and Confidentiality Policy
[List any related standards or references]
Example: Information Sharing Administrative Guidelines – 1 July 2012
viewed at www.informationsharing.nt.gov.au
[List any related Legislation or other requirements]
Example: Care and Protection of Children Act 2007 (NT), Privacy Act
(1988) and associated amendments and the Northern Territory
Information Act (2002).
[List related forms, documents or records]

[Insert ORGANISATION NAME]
Attachment 1
Name of Authorised Information Sharer
Date
authorised
Authorised
by
Next review
date
Employment
discontinued

[Insert ORGANISATION NAME]
Attachment 2
Authorised information sharers include:
• Carers operating under the Care and Protection of Children Act 2007 (NT);
• Police officers;
• School principals;
• Registered or authorised teachers;
• A provider of registered child care services;
• Individuals in charge of non-government organisations (NGOs) who provide a service in
connection with children;
• Individuals employed by the above organisations to provide a service or perform a function
for or in connection with children;
• A provider of disability or mental health services
• A Provider of Alcohol and Other Drug Services
• Case managers working with children in the youth justice system;
• Doctors, nurses, psychologists, and other health professionals registered under the Health
Practitioner Regulation National Law to practise a health profession (other than students);
• Persons in charge of public or private hospitals;
• Public servants, including CEOs of government agencies, who are acting under a law of the
Northern Territory in relation to children, including for example: Department of Children
and Families (DCF) authorised officers under the Care and Protection of Children Act and
corrections officers and others acting under the Youth Justice Act; and
• Lawyers.
It is the responsibility of each authorised information sharer to satisfy themselves that they are
authorised under the Act to share information in relation to a child or children and that anyone
who they propose to share information with is also authorised.