Title Arial 28 Subtitle Arial Narrow 18 New Laws Supporting the Exchange of Information January 2016

Emma White CEO Department for Child Protection and Family Support Introduction By now you would have heard that there have been changes to the legislation that safeguards and protects families and children – the Children and Community Services Act 2004 The changes allow people working with children and young people to share information that helps to keep them safe The following information provides an overview of these changes and what they might mean to you…

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Why do we share information? The Department for Child Protection and Family Support and Western Australian Police have the statutory responsibility to protect children and keep woman and children safe from family and domestic violence. Many professionals have a role in supporting children and families to promote the wellbeing of children, other individuals, families and communities. WHY & WHEN to share

WHAT has changed WHO can share NEXT stepsHOW to share Why do we share information? Keeping children and young people safe from abuse and neglect is a shared responsibility. The ability to share relevant information between agencies is an integral part of working with vulnerable, children, adults and families to provide support and prevent harm. WHY & WHEN to share

WHAT has changed WHO can share NEXT stepsHOW to share Why do we share information? Across government and the non-government sectors, information sharing is recognised as a critical factor in achieving collaborative delivery and better outcomes for children, adults and families at risk. There have been numerous reviews into child protection systems and coronial inquests across Australia that highlight poor outcomes for vulnerable children and families as a result of inadequate information sharing. WHY & WHEN to share

WHAT has changed WHO can share NEXT stepsHOW to share Why do we share information? Sometimes it is not clear to a single agency or service what is really happening for a child or family. It is only when information is shared that the complete picture is built. But what information should we be sharing? WHY & WHEN to share

WHAT has changed WHO can share NEXT stepsHOW to share What information should we be sharing? We should only be sharing information that is relevant to: the wellbeing of a child, or class or group of children; or the safety of a person who has been subjected to or exposed to family and domestic violence. WHY & WHEN to share

WHAT has changed WHO can share NEXT stepsHOW to share Should I seek the person’s consent to share information? It is best practice to seek consent before sharing information about a person, however there are circumstances where seeking consent would put a child or another person at risk. The legislation only needs to be used when you need to share information without the parent/person’s consent So when would this be? WHY & WHEN to share Children and Community Services Act 2004

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share When may I use the legislation to share information without the person’s consent in relation to child’s wellbeing? When a child may be placed at further risk or harm When a child may pose a risk to themselves or is a risk to others When reasonable efforts to obtain consent have failed When you are unable to contact the parents When it is clear from previous contact that consent may not be given When there may or would be a risk to your safety if consent was sought When consent has been denied WHY & WHEN to share

WHAT has changed WHO can share NEXT stepsHOW to share When may I use the legislation to share information without the person’s consent in relation to child’s wellbeing? Lets look at some examples where information is shared without consent… WHY & WHEN to share

Information Sharing Without Consent - Example 1 You're working with a family and you find out that the children aged 6 and 8 years old are left at home alone each day after school for a few hours - this has been happening for the past week. Can you share information about your concerns without obtaining the consent of parents? Yes or No?

Information Sharing Without Consent - Example 1 Yes Is the correct answer as it may be appropriate to share information if you can not obtain the parent's consent.

Information Sharing Without Consent - Example 2 If a young person you are working with is threatening suicide and you are unable to contact parents, can you share information about your concerns? Yes or No?

Information Sharing Without Consent - Example 2 Yes Again in this situation it may be appropriate to share information about your concerns.

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share When may I use the legislation to share information without the person’s consent in relation family and domestic violence? When an adult or child victim is at risk of harm AND one or more of the following barriers exists to obtaining consent – seeking consent from the adult victim will likely place them and/or the child at risk of further harm; seeking consent from the perpetrator will likely place the adult of child victim at risk of further harm; when reasonable efforts to obtain consent have failed; when it is clear from previous contacts that consent would not be given; when consent has been denied; or when the risk to the adult or child victim is imminent and information sharing/exchange is required to promote or secure safety. WHY & WHEN to share

WHAT has changed WHO can share NEXT stepsHOW to share When may I use the legislation to share information without the person’s consent in relation family and domestic violence? Lets look at some examples where information is shared without consent. WHY & WHEN to share

Do you need to use this legislation to make contact with police on behalf of a woman who has been abused and threatened by her partner if you have her consent? Yes or No?

No The legislation only needs to be used when you need to share information without the woman's consent.

A woman you have contact with has been abused and threatened by her partner. She does not want you to tell anyone about it. Can you share information in this situation? Yes or No?

Yes It could be appropriate to share information because the woman may be at risk. However, the sharing/exchange of information must be focused on promoting the victim’s safety and wellbeing.

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share What has changed ? Previously certain public authorities (known as prescribed authorities) could exchange information between each other relevant to the wellbeing of a child or a class or group of children. Under the new laws, these powers have been broadened to include: other professionals and other types of information. WHAT has changed

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share How have the laws been broadened to include other professionals? The changes mean that certain non-government services and non-government schools can now share information with prescribed authorities. This also means that prescribed authorities can now share with these people. WHAT has changed

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share How have the laws been broadened to exchange other information? The type of information that can be exchanged has been broadened from just the wellbeing of a child to include: Information relevant to the safety of a person subjected to or exposed to, one or more acts of family and domestic violence. WHAT has changed

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Who can share information? So who are prescribed authorities, non-government providers and non government schools? WHO can share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Prescribed authorities are: Department of Aboriginal Affairs WA Health (Department of Health, Metropolitan Health Services, WA Country Health Service and Peel Health Service) Department of Corrective Services Department of Education Department of Education Services Department of Housing Department of Local Government and Communities Department of the Attorney General Disability Services Commission Family Court of Western Australia Mental Health Commission Western Australia Police State Training Providers Teachers Registration Board of Western Australia Training Accreditation Council WHO can share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Non-government providers are: Services providing ‘social services’ under contract with a prescribed authority, or Services providing ‘social services’ under contract with the Department for Child Protection and Family Support. *Social services are a broad range of services provided to assist children, other individuals, families and communities, including family and domestic violence services and support and counselling services. WHO can share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Non-government schools are: Independent and Catholic schools registered under Part 4 of the School Education Act Note: Government schools are prescribed authorities. WHO can exchange

Question: If you are working for a non government provider which of the following type of information could be shared by a prescribed authority to determine if a child is at risk of abuse or neglect? Department of Education - child’s attendance and behaviour including siblings, including any special educational needs; Department of Local Government and Communities – attendance and presentation at child care or after school care, any periods the child has been cared for by other people WA Health – child’s physical health, including any treatment needs; any significant health problems of the child’s caregiver; whether a caregiver’s mental illness, substance misuse, disability or history of family and domestic violence may be affecting his/her ability to care for their child; whether a caregiver is receiving treatment for any of the above issues and the outcomes of this treatment. Disability Services Commission - any disabilities the child may have, including any care requirements Department of Housing – homelessness, disruptive behaviour incidents

Answer: All of the above

Question: If you are working for a non-government agency or a non-government school and you get a request from a prescribed authority for information relevant to a child’s wellbeing, what information from the below list do you think it is appropriate or relevant to share: any known history of the child suffering harm; any periods in which the child has been cared for by other people; any significant issues relating to the child’s siblings; the child’s physical health, including any treatment needs; any psychological and emotional difficulties the child may have; the child’s education, including any special educational needs; any disabilities the child may have, including any care requirements; any known allergies and dietary requirements of the child any significant health problems of the child’s caregiver; whether a caregiver’s mental illness, substance misuse, disability or history of family and domestic violence may be affecting his/her ability to care for their child; whether a caregiver is receiving treatment for any of the above issues and the outcomes of this treatment.

Answer: All of the above

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Are there limitations on who can share information without consent under this legislation? Yes. Only certain persons within a prescribed authority, non-government provider or a non-government school are authorised to share information. Sharing information about other people without their consent is significant and must be delegated to the right person/people. WHO can share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share What are the limitations for a prescribed authority? The CEO of the Prescribed Authority is authorised to ask for relevant information from, or disclose to, another prescribed authority, a non-government provider or a non-government school. The CEO may delegate these powers to a person/position(s). You will need to check with your organisation who has been authorised to share information. WHO can share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Are there limitations for a non-government provider? The CEO of the non-government provider is authorised to request relevant information from, or disclose it to a prescribed authority. The CEO may delegate these powers to a principal officer/person(s). You will need to check with your organisation who has been authorised to share information. WHO can share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Are there limitations for a non-government school? The governing body of the non-government school is authorised to request relevant information from, or disclose it to a prescribed authority. The governing body may delegate these powers to principals or other officers. You will need to check with your school who has been authorised to share information. WHO can share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share How am I protected when I share information without consent? If you are authorised to share information and do so in good faith, you are protected from: civil and criminal liability; and the disclosure cannot be considered unprofessional conduct or a breach of professional ethics HOW to share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share How am I protected when I share information without consent? You cannot be disciplined by your professional body or incur any formal negative consequences at your workplace in relation to the disclosure of the information HOW to share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share How would I respond to a request for information without consent? Verify the identity of the person requesting the information Confirm how the request relates to the wellbeing of a child or safety of an adult and/or child exposed to family and domestic violence Confirm why consent has not been sought or has been denied Discuss and agree what information is relevant to share Timeframe for information HOW to share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share What feedback should the requesting agency give? Wherever possible and appropriate, the requesting agency should give feedback. The requesting agency should provide information that is relevant to their role and ongoing involvement with the child and family. HOW to share

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share What if I am still worried about a child or unsure whether to make a child protection report? If you are concerned about a child’s wellbeing, contact the Department’s district office closest to where the child lives or the Crisis Care Unit after hours. If you are a referrer from a government or non- government agency reporting concerns about a child's wellbeing please complete the Child Protection Concern Referral form. If you believe a child is in immediate danger or in a life-threatening situation, contact the Western Australia Police immediately by dialling 000. NEXT steps

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Making a child protection report When you contact the Department, the Duty Officer will gather and record information that you provide and decide how best to respond. The type of information that the officer will gather includes: details about the child/young person and family the reasons you are concerned the immediate risk to the child whether or not the child or family has support what may need to happen to make the child safe your contact details, so that the officer can call you to obtain further information if required or to provide feedback. You do not need to have all the details about the child or family when you contact the Department. NEXT steps

WHY & WHEN to share WHAT has changed WHO can share NEXT stepsHOW to share Where can I find more information? On the Department’s website Further information available includes: an information sheet the booklet “Working Together for a better future for at risk children and families – A guide for information sharing for government and non-government agencies” a sample template for requesting information without consent copy of PowerPoint presentation Information sheet NEXT steps Sample template Working together booklet photo PowerPoint