To provide guidance to child protection workers making decisions on whether and/or how to disclose information regarding a person assessed as Actual Harm Continuing Risk (AHCR) to a family, or to an employer where the person assessed may pose a continuing risk to specific children.
You must assess continuing risk to specific child/ren by a person assessed as Actual Harm Continuing Risk (AHCR) to determine whether they still pose a risk, and if so what information will be disclosed.
There are restrictions on the disclosure of information relating to a criminal conviction of a child under 18 years of age (whether or not that person is now an adult). You must consult with Legal and Business Services - email firstname.lastname@example.org or lodge a request through SharePoint, before releasing any information relating to a person who was/is a juvenile at the time of their conviction.
You must inform the person assessed as AHCR of the outcome of the assessment and of any decision that information will be released (refer to procedures below).
Disclosure of a person’s AHCR classification must be preceded by a review of that status before the information is used or released.
You must record the information disclosed, to whom, and the rationale for release and save to child’s file. Where a letter is sent, a copy should be placed on file.
Legal and Business Services must approve any letters before they are sent out. Request legal services via the Legal Request Form on SharePoint (link in related resources).
Where the Department has concerns for the safety and wellbeing of specific children, you may need to consider to disclosing relevant information to a corresponding authority or an interested person (possibly family, employer or service agency) under s.23(1) and (2) Children and Communities Act 2004 (the Act), where it is determined that there is ongoing risk to a child by a person assessed as AHCR.
Under s.23 (1) relevant information may only be provided to a public authority, a Commonwealth agency, a corresponding authority, a non-government provider, or an interested person or body who or which, in the CEO’s opinion, is seen to have a direct interest in the wellbeing of a child, a class or group of children, or a person who qualifies for assistance under s.96 - a person under 25 years of age who has left the CEO’s care and was the subject of:
Relevant information may be disclosed to those people or agencies who need the information to secure the protection of a child, group or class of children, for example:
This is an extremely sensitive area of practice and all decisions must be informed by an assessment of continuing risk to specific child/ren by a person assessed as AHCR. For detailed information refer to Assessment of continuing risk to a child by a person of concern.
Refer to Chapter 4.2 Working with other agencies - memoranda of understanding and information sharing to access the Commonwealth and Child Protection Agencies Information Sharing Protocols (the Protocols) with Medicare and Centrelink. The Protocols set out the procedures for requesting information from Commonwealth agencies, specify the type of information that can be requested and what supporting evidence is required, and provide time frames for responding to requests.
An interim safety plan must be developed where a ACHR has contact with specific children, and it will take a period of time to conduct an assessment of continuing risk to the children by the person of concern. The interim safety plan should involve the children and persons with parental responsibility. Refer to Chapter 1.2 Safety planning and the section '1. Immediate safety planning' in Chapter 2.2 Conducting a Child Safety Investigation.
Where releasing information about the person of concern is necessary to keep a child safe, you must inform the person assessed as AHCR of our intention to release the information. This action must be approved by the district director.
When undertaking a safety assessment, the information about the AHCR is normally regarded as confidential. Ideally, the Department should obtain the person's consent to release of the information. Where consent is not given refer to Ensuring Immediate Safety - Disclosure of Information regarding a person assessed as AHCR.
You must advise the AHCR of the outcome of the assessment of actual harm continuing risk to specific children, and any decision to disclose information.
Where the AHCR refuses to communicate with Department officers, you must record evidence of the reasonable efforts you have taken to contact the person.
The implementation of a decision to release information to a third party must be planned and managed. The AHCR must be informed that information will be released, and given the opportunity to:
Wherever possible you should discuss how the third party will be informed of the decision with the AHCR, with the following options to be considered:
When the AHCR does not consent to information being released:
Once appropriate approvals have been obtained, implementation of the safety assessment and planning may proceed.
If, after assessing a person as AHCR, you must:
Where a decision is made to disclose information to an 'interested person' who is an employer of the person of concern under s.23(1), the district director must refer the matter to the Manager Screening Unit, Legal and Business Services. The following process will apply:
Where we have credible information that a person of concern is having contact with specific children at their place of employment, the district director refers the concern is to the Relevant Executive Director or Regional Executive Director.
The Executive Director endorses the referral to the Manager Screening Unit.
The Manager Screening Unit refers the endorsed matter for assessment and Probity Panel consideration and advice to determine whether the information should be disclosed.
The Manager, Screening Unit advises the relevant Executive Director of likely timeframes for undertaking the assessment and Probity Panel process.
The Executive Director considers the Probity Panel’s advice and recommendations before making a decision to disclose adverse information.
The Executive Director informs the Assistant Director General of all high risk and contentious matters, particularly where the matter concerns an external organisation, a children’s service and where a decision is made contrary to advice.
Where the release of adverse information is endorsed, the Executive Director considers the appropriateness of who should sign the disclosure letter, for example the Assistant Director General, Executive Director or Manager Screening Unit.
The relevant district director is briefed on recommended actions and the outcomes of decisions made to release or not release information and actions to be taken.