| Overview |
Section 23 of the Children and Community Services Act 2004 (the Act) enables the Department of Communities (the Department) to share (request or disclose) "relevant information" with certain agencies and individuals referred to in s.23(1) of the Act, both verbally and in writing. The information below sets out specific processes for sharing information in-line with our legislative authority. These guidelines aim to balance the need to promote safety, while maintaining the privacy and dignity of those involved as much as possible.
Note: CEO refers to the Chief Executive Officer of the Department.
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| Rules |
Refer to sections 23, 24A and 241 of the Children and Community Services Act 2004 (the Act). The best interests of the child is the paramount consideration when sharing information relevant to a child's wellbeing. Information sharing must occur in compliance with the Act.
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| Process Maps |
Flowchart - Process for requesting copies of prescribed reports under s.24A (This relates only to requests for certain reports from the Department of Justice - Corrective Services). |
Information and Instructions- Information sharing
- Reciprocal memoranda of understanding agreements
- Information sharing between the Department and public authorities
- Information sharing between the Commonwealth and the Department
- Information sharing between other child protection agencies in Australia and New Zealand
- Power to obtain copies of prescribed reports from the Department of Justice
- Release of information to an employer
- Release of information to carers
- Family information
- Exchange of information between prescribed public authorities and authorised entities
Information sharing - You may share information with other agencies without client or parental consent under s.23 of the Act, if it is relevant to the wellbeing of a child or a class or group of children
- wellbeing of a person who qualifies for assistance on leaving the care of the CEO; or
- safety of a person who has been subjected to, or exposed to, family violence; or
- the performance of a function under the Act.
"Relevant information" may be shared with the following:
- a public authority
- a Commonwealth agency
- a corresponding authority
- a non-government provider
- an interested person.
It is not compulsory for the Department to disclose informaton if requested to, nor for information requested the Department requests to be provided to the Department (unless the request is made under s.24A, in which case the CEO of Corrective Services must comply with the Department's request). If individuals or agencies do disclose relevant information we have requested, in good faith, they are protected from liability under s.23(5) and s.129 of the Act.
Obtaining informed consent prior to sharing information is preferred practice, unless there is a good reason not to. Wherever possible, speak to the person before sharing information about them. Explain what information will be shared, why, and who it will be shared with. Consider whether seeking consent may place a child or adult at risk of harm and consult with the Team Leader if necessary
| If a client does not consent to you sharing information about them, consult with your Team Leader (TL), Assistant District Director (ADD) or District Director (DD) on whether the information should be released and record the consultation on the child's case plan. Record your consultation and the outcome in the child's case plan or in a case note.
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Information requests from other agencies If an agency seeks information about a shared client, assess the request and check that the information you provide: - is factual, not opinion
- is relevant information as defined in s.23 of the Act, and
- will be used for a legitimate purpose (determine the requesting agency's role and involvement with the client).
The way you share information may be determined by the agency's involvement with the family and how closely you are working together to support the family. Formal requests may be appropriate where there is one-off contact, but informal verbal information sharing may be more conducive to on-going collaborative joint work with the family.
| In performing a function under the Act in relation to a child, including information sharing, the paramount consideration is always the best interests of the child (s.7).
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When an agency makes a request for information, ask that the request is made in writing and forward
Form 439 - Release of Information to Another Agency for completion. This allows you to confirm the identity of the individual and that they work for the agency in question. Agencies with their own specific forms for requesting information may submit those. For urgent requests, it may be appropriate for the information to be provided verbally in the first instance, with the requesting agency providing a written confirmation of the request, where required, as soon as practical. When receiving a request, consider: what level of access to client information is required, and how this information should be shared on a case-by-case basis (for example, release of part or full reports, or verbal advice).
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| The Statewide Referral and Response Service (SRRS) may receive requests for information afterhours. Consider these requests on a case-by-case basis and determine if this request is in the best interests of a child or class or group of children. Confirm the identification of the individual by calling the agency's main number. When speaking with police officers, always ask and document their identification number or their "PD" number. If the request is not urgent, forward it to the appropriate district office for follow-up on the next business day.
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Record all requests for information received from other agencies and the information provided on the client's file.
Department requests for information In addition to providing information to relevant individuals and agenciesm we can also request relevant information under s.23 from the bodies below to help us with an assessment or on-going intervention with a family. When making a request for information from another agency, identify yourself and explain the reason for the request. For example, explain that you are conducting a Child Safety Investigation (CSI) and how the information will help you to assess the needs of the child. This will help the agency to provide you with the most relevant information.
As with information being provided by the Department, any information being requested by the Department must be based on the best interests of the child.
The legislation specifically states who we can ask for information from. This includes:
An interested person: an individual who has a direct interest in the wellbeing of a child or class or group of children or a person who qualifies for leaving care assistance under s.96 of the Act.
A public authority: a Department of the WA Public Service; a State agency or instrumentality; local government run services; and bodies or holders of an office or position that are established for a public purpose under a written law. A Commonwealth agency: a department of the Commonwealth Public Service, agency or a body or a holder of an office or position established for a public purpose.
A corresponding authority: a child protection agency based in any of the other Australian states or in New Zealand.
A non-government provider: a service provider which is funded by the Department under s.15(1) of the Act to provide a social service in WA (for example Wanslea or Yorganop), and social services that are funded by other state government agencies or Departments (see list of Prescribed Authorities in Related Resources).
Most agencies will have their own information sharing processes, including their own forms for you to complete when requesting information. For example, the Department of Health does not accept requests for client information via email due to security concerns and you may be asked to fax an information request form. You may also be asked to provide your departmental identification to prove you have the authority to request information on behalf of the CEO. In these instances, you can scan and share an image of your identification card.
Agency feedback and when to provide follow-up information Wherever possible, provide appropriate feedback on actions taken or planned to referring agencies. Use the relationship of the referring agency to the child and family, and the referrer's ongoing role as a guide when determining what detail of information is appropriate to share. If the agency has an on-going working relationship with the family that is likely to be impacted by departmental involvement, and it is in the best interests of the child, you should work as collaboratively as possible. This may include asking the agency to participate in case planning meetings and informing them of significant decisions.
Referrals for provision of a service When making a referral to an agency for a client, you should only include information relevant to the specific service provision you are requesting. You should not disclose information about other people not covered by referral, unless it is relevant to worker safety.
Reciprocal memoranda of understanding agreements Various strategic bilateral memoranda of understanding (MOUs) and Agreements have been developed to facilitate interagency work between the Department and the Commonwealth, State and non-government partner agencies. The MOUs and Agreements set out the requirements for joint case practice, and the procedures for sharing or exchanging information about children and families engaged with us. For specific information on working with another agency, refer to the relevant MOU or Agreement on the Common.
Information sharing between the Department and public authorities Sharing information with Western Australia Police Force
The Department and Western Australia Police Force (WA Police Force) is able to exchange relevant information where: - information is required by WA Police in relation to current joint child protection investigation, refer to the section Working with WA Police in Chapter 2.2 Conducting a Child Safety Investigation.
- information is required by the WA Police Force in relation to promoting or safeguarding the wellbeing of children and adult victims of family and domestic violence, refer to the agreements listed in Chapter 2.3 Family and Domestic Violence Response Team.
Under these agreements, authorised officers are able to provide all necessary and relevant information to WA Police Force to progress joint investigations to meet the safety needs of children and adult victims.
Sharing information with the Department of Education
You can request school enrolment information from the Department of Education (Education) for a child enrolled in a public school by completing Form 586 - Request for School Enrolment Information and forwarding it to the Student Tracking Coordinator at Education.
- Record any information received in response and place it on the child's file.
- If additional information is required from Education, complete Form 542 - Request for Relevant Information and refer to the requests for relevant information section above.
Sharing information with the Public Trustee
The Public Trustee may request our assistance to:
- identify potential beneficiaries of an Aboriginal person who has died without a valid will (intestate)
- information about children in the CEO's care whose parents have left a will with the Public Trustee, or
- information about our former clients, such as children who were in the CEO's care.
These requests are usually managed by the coordinator freedom of information and release of information. However, on occasion, the Public Trustee may contact district offices directly for information (these requests are more likely to occur in regional and remote areas).
When releasing information to the Public Trustee, ensure the information:
- is provided in writing,
- does not disclose address details, and
- follows the usual recording procedures.
Information sharing between the Commonwealth and the Department The
Information Sharing Protocol between the Commonwealth and Child Protection Agencies (the Protocol) was developed to improve information sharing about children and families at risk. The aims of the Protocol are to improve the care, safety, welfare and health of children. The Protocol operates in conjunction with Commonwealth legislation and
s.23 of the Act. All referrals to Services Australia, the overarching agency covering multiple Commonwealth services such as Centrelink and Medicare, should include a clear rationale for how the information, if provided, will "prevent or lessen a threat to life, health or welfare of a person", or will assist you to contact the parent of a child. Your referral should set out: - the nature and seriousness of the risk
- the likelihood of the threat occurring
- the consequences if the risk materialises, and
- how the information is proposed to be used by the Department to remove or reduce the risk.
Examples of the kinds of information that may be requested include (but are not limited to): - the current or last recorded address of a child or parent
- the names and dates of birth (as recorded on Centrelink records), and
- the names and dates of birth of other children who are at risk in the care of a person.
To make a referral to a Commonwealth Agency, see below guidance and follow the procedures set out in the Information Sharing Protocol between the Commonwealth and Child Protection Agencies - Schedule 1: Centrelink Information Request Procedure (page 11).
Centrelink Centrelink requests can also be used to assist in locating a parent or relative of a child. Complete
Form S1041 Request by a Child Protection Agency for Information from Centrelink and email it to
Centrelink.InformationRequests@communities.wa.gov.au (our nominated contact officer).
Medicare If you do not have client consent, you can only request information relevant to your child protection assessment. You can request recent information only, with a 12 to 24 months maximum. Refer to the Information Sharing Protocol between the Commonwealth and Child Protection Agencies - Schedule 3: Medicare Information Request Procedure (p.18). Under the protocol, Medicare may disclose the following information: - Medicare claims – treating or referring doctor's name and address, service item number and description, date of service, Medicare benefit paid and the fee charged.
- Medicare enrolment – address, date of birth, phone number and email address (if provided by the person).
- Pharmaceutical Benefits Scheme (PBS) – prescriber's name, dispensing pharmacy name, PBS item code and description, dates prescribed and supplied, quantity and number of repeats.
Child Support Agency
The type of information you can request from the Child Support Agency includes, but is not limited to: the current or last recorded address of a child or parent
the names and dates of birth (as recorded on Child Support records), and
the names and dates of birth of other children who are at risk in the care of a person.
To request information from the Child Support Agency, complete Form S1043 Request by a Child Protection Agency for Information from Child Support and email it to Centrelink.InformationRequests@communities.wa.gov.au
Information sharing between other child protection agencies in Australia and New ZealandIf you are undertaking a CSI with families from another State refer to the
Information Sharing Protocol between the Commonwealth and Child Protection Agencies (the Protocol). The Protocol provides a framework within which States work together to promote the best interests and wellbeing of children. The Protocol makes provision for the sharing and exchange of information between child protection agencies to enable you to assess: - the safety and wellbeing of children, and
- the suitability of prospective carers.
Prior to making a request to exchange information through the Protocol, conduct a Connect for Safety Search to confirm if a family or individual has a recorded child protection history in another state or territory. For more information on how to conduct this search , refer to Chapter 2.2 Connect for Safety
Written consent is required in some situations - refer to Chapter
3.3: Interstate and New Zealand Liaison.
Power to obtain copies of prescribed reports from the Department of Justice
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| If there is an immediate risk to a child, ask for relevant information from the Department of Justice (Justice) to be provided verbally.
A case is not required to be opened to make a request under s.24A of the Act.
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The Department of Justice are required to provide official reports under various legislation. These reports are for different purposes in relation to that individuals' Court and judicial proceedings.
The Department can request certain reports from the Department of Justice (Corrective Services), referred to s.24A of the Act as "prescribed reports'. Prescribed reports can be requested to assist in determining the risk an individual may pose to a child.
Child protection workers and a number of other staff have the delegated authority to request these reports from the CEO of the Department of Justice if the report is, or is likely to be, relevant to the wellbeing of a child (check the Schedule of Delegations to see who else is delegated under s.24A).
The following prescribed reports can be requested: A written pre-sentence report, including psychological reports, and records of an oral pre-sentence report, made under the
Sentencing Act 1995 Part 3 Division 3. A Prisoner Management Report prepared under section 11A of the
Sentence Administration Act 2003 (SA Act). Early release advice reports and parole assessment reports prepared under
s.17 of the SA Act. A re-entry release report prepared under
s.51 of the SA Act. Court reports, including psychological reports, prepared under s.47, 48(1) of the and supervised release reports prepared under s.159 of the Young Offenders Act 1994. Any other report made under or prepared for the purposes of the
Bail Act 1982, the
High Risk Serious Offenders Act 2020, the
SA Act, the Sentencing Act 1995, the
Prisons Act 1981 or the
Young Offenders Act 1994. If you identify that a person who may pose a risk to a child is currently or has recently been in prison or is under Orders from the Department of Justice, you can request any of the above reports using the Power to Obtain Copies of Prescribed Corrections Reports -Form 896 Adult or Form 897 - Child.
The form you use is dependent on whether the offender is an adult or a child. Seek Team Leader approval prior to submitting the request.
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| Consider what information you are seeking and be clear what you are asking for. Clearly note the purpose of your request if you are seeking one or more of the following: |
The Department of Justice should provide a response within five days. However, this timeframe may be delayed if clarification is required or if the reason you are seeking the information is unclear. Once they have completed their search, you will be provided with:
- a request for further clarification
- copies of relevant reports, or
- notification that no relevant reports are available.
Prior to making the request, ensure: the request is, or is likely to be, in the best interests of the child the offender has been advised this information is being sought. This step is not required if there are safety or other reasons not to advise them and you have consulted with the TL about this decision you are cognisant that the report provides a specific snapshot of a time and context. Consider this when using the information to support any investigation or decision the information is shared respectfully, particularly when it was provided verbally, and the specific details of the report are recorded and that the reports are stored safely and securely.
Freedom of Information (FOI) processes are only for people seeking their personal information. Do not send formal requests to FOI as this will delay the process.
For information about obtaining prescribed reports from the Department of Justice refer to the following related resources:
TopRelease of information to an employerContacting or releasing information to an employer may affect a person's employment and their livelihood. Information should not be released to a person's employer until the information has been reviewed by the Screening Unit and where required, considered by the Probity Panel.
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| Before contacting or releasing information to a person's employer refer the request to the Manager Screening Unit, Legal and Business Services for consideration and approval.
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Release of information to carersTopExchange of information between prescribed public authorities and authorised entitiesInformation sharing by he Department occurs under s.23 of the Act.
However, to support the exchange of relevant information between other agencies, independently of the Department, s.28B of the Act allows the CEO's (or delegates) of certain public authorities prescribed in regulations ("prescribed authorities") to share "relevant information" with one another, and with "authorised entities". Authorised entities are non-government providers and non-government and Catholic schools (see the list of prescribed authorities in Related Resources).
"Relevant information" for s.28B is not as broad as the information the Department can share under s.23. It means only information that is, or is likely to be, relevant to: - the wellbeing of a child or a class or group of children; or
- the safety of a person who has been subjected to or exposed to family violence.
State government agencies may share relevant information using s.28B, independently of the Department, to work together to support a child or children's wellbeing or the safety of adults or children who subjected or exposed to family violence.
As with the Department's information sharing that occurs under s.23 of the Act, information shared under s.28B the paramount consideration in sharing information that is relevant to the wellbeing of a child must be the child's best interests.
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