Chapter 1 - Sharing information under the scheme

Key points

Organisations and services prescribed by the Child Wellbeing and Safety (Information Sharing) Regulations as information sharing entities are permitted to share information under the Child Information Sharing Scheme.
Information sharing entities should have policies and procedures in place that guide use of the scheme, consistent with Part 6A of the Child Wellbeing and Safety Act and these guidelines.
Information sharing entities should identify those roles in the organisation or service that are appropriate to use the scheme to make or respond to requests and voluntarily share information, on behalf of the information sharing entity. Factors information sharing entities may consider when identifying roles are described below.
Individuals using the scheme to make or respond to requests and voluntarily share information on behalf of the information sharing entity must be employed or otherwise contracted (other than on a voluntary basis) by the information sharing entity. Volunteers must not use the scheme to request or share information.
Information sharing entities should respond to a request from another information sharing entity in a timely manner and must provide relevant information if the legal requirements of the Child Information Sharing Scheme are met.
Information sharing entities should consider the legislative principles of the Child Information Sharing Scheme and exercise their professional judgement when determining whether the threshold for sharing is met, what information to share and with whom to share it.
When assessing whether sharing or requesting information would promote children’s wellbeing or safety, information sharing entities should consider the identity and circumstances of each child and their family, including their unique needs such as cultural safety and any risks of discrimination or stigma they may be facing.
Information sharing entities can also share information with a child or parent to manage a risk to a child’s safety.
Professionals are protected if they share in good faith and with reasonable care (see Chapter 6).

Organisations and services prescribed as information sharing entities by the Child Wellbeing and Safety (Information Sharing) Regulations are authorised to share information and request information under the Child Information Sharing Scheme.

Organisations and services are prescribed because of their role and expertise within the service sector and because the information they hold may assist other information sharing entities to promote the wellbeing or safety of children. Information sharing entities should have policies and procedures in place that guide use of the scheme, consistent with Part 6A of the Child Wellbeing and Safety Act and these guidelines. As part of their policies and procedures, information sharing entities should identify (at an organisational or service level) those roles in the organisation or service that are appropriate to use the scheme to make or respond to requests and voluntarily share information, on behalf of the information sharing entity.

Information sharing entities must be satisfied that any roles identified to use the scheme to make or respond to requests and voluntarily share information on their behalf are:

employed or otherwise contracted (other than on a voluntary basis) by the information sharing entity. Volunteers must not use the scheme to request or share information.

Other factors information sharing entities may consider in identifying appropriate roles to use the scheme on their behalf are:

the exercise of professional judgement in the identification or management of child and/or family wellbeing or safety, and/or the appropriate and sensitive management of confidential information
sufficient competency in the use of the Child Information Sharing Scheme, and
where relevant and applicable, regular and direct engagement with the clients whose information may be shared or requested, and/or the children in whose interest information may be shared or requested. This point does not prohibit information sharing entities identifying appropriate roles to use the scheme which do not have direct client contact.

Individual workers are protected from liability if they share information in good faith and with reasonable care (see Chapter 6).

Prescribed information sharing entities can request and disclose confidential information if the Child Information Sharing Scheme threshold is met.

Information sharing entities should familiarise themselves with the other categories of information sharing entities (see Appendix 2) and develop knowledge of other service providers and professionals in their area who may have relevant experience to support children and their families. Many information sharing entities will already have established relationships and information sharing arrangements with other service providers. The Child Information Sharing Scheme may facilitate new or enhanced information sharing arrangements and collaboration between services.

Before disclosing information under the Child Information Sharing Scheme, information sharing entities should confirm that the receiving organisation or service is also an information sharing entity.

If the legal requirements (or threshold) of the scheme are met, an information sharing entity:

may make requests for information to another information sharing entity
must disclose relevant information to another information sharing entity, if requested
may disclose information voluntarily (proactively) to another information sharing entity.

Information sharing entities will use their expertise and exercise their professional judgement to:

identify the range of needs and risks that impact on a child’s life
inform a decision as to whether the purpose for requesting and the threshold for sharing information is met
decide what and how much information to share
determine who to share with to support improved service delivery and promote the wellbeing or safety of the child or children.

Information sharing entities should respond to requests for information in a timely manner, including when they are declining to provide information in response to the request.

If an information sharing entity is declining a request from another information sharing entity, they are required to provide written reasons for doing so (see Chapter 5).

All organisations and services should continue to share information as appropriate in accordance with other laws. The Child Information Sharing Scheme does not impact on these existing permissions and obligations.

Information sharing entities can share confidential information with other information sharing entities under the Child Information Sharing Scheme if:

The information sharing entity is requesting or disclosing confidential information about any person for the purpose of promoting the wellbeing or safety of a child or group of children; and
The disclosing information sharing entity reasonably believes that sharing the confidential information may assist the receiving information sharing entity to carry out one or more of the following activities:
1. making a decision, an assessment or a plan relating to a child or group of children
2. initiating or conducting an investigation relating to a child or group of children
3. providing a service relating to a child or group of children
4. managing any risk to a child or group of children; and
The information being disclosed or requested is not known to be ‘excluded information’ under Part 6A of the Child Wellbeing and Safety Act (and is not restricted from sharing by another law).

The legislative principles of the Child Information Sharing Scheme provide guidance in the application of the threshold (see the list of principles under the heading 'The purpose and legal status of these guidelines' in The Introduction).

If the threshold has been met, information sharing entities do not require consent from any person to share relevant information with other information sharing entities. However, information sharing entities should seek and take into account the views of children and family members about information sharing if appropriate, safe and reasonable to do so (see Chapter 2).

Threshold part 1: Promoting child wellbeing or safety

Before requesting or sharing confidential information under the Child Information Sharing Scheme, the first part of the threshold must be met. An information sharing entity must form a view that the request or disclosure is for the purpose of promoting the wellbeing or safety of a child or group of children.

Understandings of wellbeing and safety vary across the service system. These understandings are underpinned by a variety of best interests, educational, developmental, risk assessment and other professional frameworks related to the role and responsibility of the professional or service.

Threshold parts 1 and 2 can be used together. That is, an information sharing entity can consider the activities the receiving information sharing entity may use the information for (threshold part 2) in determining whether the information to be shared is for the purpose of promoting child wellbeing or safety (threshold part 1). In line with the legislative principles, a disclosing information sharing entity should work with a receiving information sharing entity, as required, to determine whether the information to be shared may assist the receiving information sharing entity to promote the wellbeing or safety of a child or group of children.

In any instance, information must not be used by the receiving information sharing entity to unlawfully limit, remove or prevent a child’s or a relevant family member’s access to services (for example, to screen a child before they are accepted for enrolment by a school). This would not promote the wellbeing or safety of the child. See Chapter 6 for more information on offences and complaints when using the scheme.

Children’s wellbeing and safety can also be understood within a human rights framework which includes the rights of a child to develop to their full potential, access services to support their health and education, participate in their communities and be protected from harm.¹

For a child to experience wellbeing they need to be safe. Promoting safety means protecting children from risks of harm or incidents of harm. However, the concept of wellbeing is broader than safety alone and requires more than the absence of harm or risks of harm. Promoting wellbeing involves supporting a positive state that includes good health, positive relationships with adults, other children and community, and age-appropriate learning and development. Promoting wellbeing often includes prevention and early support measures, which may avoid the escalation of wellbeing issues into safety concerns.

It is intended that professionals will use judgement and practice frameworks when assessing whether information sharing meets the threshold for promoting the wellbeing or safety of a child or group of children.

During a consultation Priya (a general practitioner in a Community Health Service) diagnoses her patient Jen (a sole parent of a 10-year-old son Matt and a 2-month-old daughter Lucy) with postpartum depression.

Priya operates under a patient-centred wellbeing framework that prioritises the personal relationship between the patient and the practitioner. Priya is also aware from her professional training and experience that the wellbeing and safety of children is closely tied to the wellbeing of the family unit, and that mental ill health of a parent may be relevant to the wellbeing of the family and therefore the wellbeing of the children, depending on the circumstances.

Priya works with Jen to establish a mental health care plan and referral to an appropriate mental health practitioner, prioritising her primary role as Jen’s health care provider. Priya knows that Jen is estranged from Matt’s father and that she does not have a relationship with Lucy’s father. During the conversation Priya highlights to Jen the correlation between strong support networks, and management of and recovery from postpartum depression, and asks Jen how well supported she feels, both personally and in her role as Matt and Lucy’s mum.

Jen explains that her family were not supportive of her decision to have another baby and are currently not in her life. Jen tells Priya that she doesn’t have a friend close enough to confide in and that she is too ashamed to tell her Maternal and Child Health nurse about her diagnosis.

Priya forms the view that in the circumstances Jen’s diagnosis with postpartum depression and her reported social isolation is information that is relevant to the wellbeing of Matt and Lucy (threshold part 1). In conversation with Jen, Priya considers whether this information may assist other services to carry out activities relating to Matt and Lucy’s wellbeing (threshold part 2). Priya makes the decision to share information about Jen’s diagnosis and mental health care plan with the Maternal and Child Health nurse. In sharing this information, Priya takes into account Jen’s views. Priya and Jen discussed the shame Jen was feeling about her diagnosis. Jen expressed a willingness to disclose the information after Priya explained how the information could assist the nurse in providing care to Jen and Lucy. Priya determined it was not reasonable or appropriate to include Lucy in the conversation due to her young age.

Professionals should also seek and take into account the views of the child and relevant family members wherever appropriate, safe and reasonable to do so, to inform their assessment of and response to wellbeing and safety.

In some cases, what is understood by one professional to be a wellbeing issue may appear to another professional as a safety issue, depending on their professional lens and their experience working with a child and their family. For example, a child and family service may understand a young person’s intermittent drug use to be a safety risk, where another professional may understand it to be a wellbeing issue.

The Child Information Sharing Scheme allows sharing information to support collaborative service provision to children and respond to identified needs and risks, regardless of whether a professional considers the issue to relate to either wellbeing or safety.

Factors that may contribute to a professional’s understanding of how sharing information may promote a child’s wellbeing and safety include:

physical, psychological and emotional health and access to and engagement with services to support a child’s health and development
engagement in supportive relationships, particularly supportive family relationships, involvement in activities that enable a child’s personal, social and cultural development and connection to their culture and community
participation in education and access to resources that support the child to learn and develop
access to adequate, appropriate and safe accommodation, nourishment, protection from the elements and safe and stable environments in which to live, learn and grow.

There may be instances in which information needs to be shared to promote the wellbeing and safety of more than one child, including where one child poses a risk to another. In such cases, professionals should exercise their judgement to consider and balance each child’s wellbeing and safety to achieve the best possible outcomes for each child. This may require a particular focus on the needs of more vulnerable children.

For example, if a child is displaying behaviours that impact on other children’s wellbeing or safety (such as siblings or other children using a service), then the risks and needs of each child should be considered. Note that behaviours of concern may be an indication that a child requires additional specialised care, such as trauma-informed support.

Children’s individual identities and circumstances are important when considering what may promote their wellbeing or safety.

There are a range of wellbeing and safety considerations arising from the complexities that are part of children’s lives, including:

cultural, linguistic and place-based community participation (see below for considerations for Aboriginal and Torres Strait Islander communities)
identities including cultural, disability, sexual and gender identities
circumstances that increase vulnerability, such as homelessness or family violence
specific behavioural concerns including criminal behaviours
interactions with institutions like youth justice or statutory responses like child protection.

Information sharing entities should actively value and respect a child’s Aboriginal or Torres Strait Islander identity as a core aspect of their wellbeing and safety. Information sharing entities should also consider how information may be shared in a way that maintains trust and engagement with the service. See Chapter 2 for more guidance on maintaining engagement with children and families when sharing information.

To meet the second part of the threshold, before disclosing information, an information sharing entity must form a reasonable belief that sharing the information may assist the receiving entity to carry out one or more of the following professional activities:

making a decision, an assessment or a plan relating to a child or group of children
initiating or conducting an investigation relating to a child or group of children
providing a service relating to a child or group of children
managing any risk to a child or group of children.

To assist in making a decision about whether the threshold for sharing has been met the responding information sharing entity making the disclosure may seek further information about the intended use of the shared information from the recipient information sharing entity. Information sharing entities should provide relevant information in a timely manner to minimise the risk that information sharing is unduly delayed.

Collaboration between different information sharing entities brings together the extensive child wellbeing and safety expertise, experience and capability across the service system. For example, professionals from a mental health service and a child and family service may share information to assist both services in identifying and responding to a child’s mental health and wellbeing needs. Similarly, service collaboration can bring together expert knowledge and skills to respond to the particular circumstances and identities of children. This may assist to promote a child’s cultural safety, for example, by facilitating collaboration with Aboriginal Community Controlled Organisations or Aboriginal liaison officers within organisations or services.

The Child Information Sharing Scheme may assist information sharing entities to make a full assessment of a child’s circumstances and history and identify any risks of cumulative harm. Cumulative harm may arise when wellbeing and safety issues combine to create a more serious risk to a child’s longer-term wellbeing or safety. For example, this may occur if a child has experienced a number of family breakdowns over a period of years, resulting in periodic housing instability and changing schools a number of times. In such cases, relevant services (such as housing, mental health and child and family services) should collaborate to bring together an appropriate range of expertise to assess and respond to the child’s needs.

Other circumstances in which information should be shared may include where an information sharing entity:

is not able to intervene directly to promote a child’s wellbeing or safety but another information sharing entity can. For example, if the information relates to a child who is not currently a client of that professional but is engaged with another relevant service who may be able to assist
wishes to convene a case conference or develop a collaborative plan to support a child with other services and needs to share information in order to do so.

If information sharing entities disagree about whether the threshold for sharing has been met, they should work together to identify opportunities to achieve the best outcome for the child. In all circumstances, the disclosing information sharing entity must be satisfied that the threshold has been met as required by law before sharing information. If an information request is declined under the Child Information Sharing Scheme, the reason for refusing the request must be provided to the requesting entity in writing and a record should be kept (see Chapter 5 for record keeping obligations under the scheme).

Examples - What is a child wellbeing or safety purpose’?

Where information about the outcome of the report could be used to assist the child, other children or the family members of the child, this information may be for a child wellbeing or safety purpose.

Example 1 where it is appropriate to share the outcome of a child protection report

An early years centre has made a report to Child Protection about a child. Knowing the outcome of the report (including if the report has been closed), reasons for this outcome and any additional information that Child Protection holds (for example past history of service engagement and/or disengagement, changed family care arrangements, identification of protective factors) may enhance the centre’s ability to support the child. Some of the ways this information could be used to promote the wellbeing or safety of the child include: adapting engagement with the child, making referrals, seeking further information from other information sharing entities, liaising with these and possibly other information sharing entities and services to deliver integrated services to the child and/or family members of the child, and providing support directly to relevant family members.

Example 2 where it is appropriate to share the outcome of a child protection report

If the child is no longer attending the centre the outcome of the Child Protection report may still be considered relevant for a child wellbeing or safety purpose, for example if a sibling is still attending the centre.

Example where it is not appropriate to share the outcome of a child protection report

If the service has no direct, indirect or likely future contact with the child or any of the child’s family members, knowing the outcome of the report is unlikely to be for a child wellbeing or safety purpose, depending on the nature of the service.
The wellbeing of children is strongly linked to the wellbeing of their most closely connected carers. Information that relates to the wellbeing of significant adults in a child’s life may be related to a child wellbeing or safety purpose.

Example 1 where it is appropriate to share Information about significant figures in a child’s life

The health records of a child’s biological parents may be information relevant to child wellbeing or safety in a range of contexts, for example when a service is considering possible organic factors in assessing, treating or otherwise supporting a child.

Example 2 where it is appropriate to share Information about significant figures in a child’s life

Information about a child’s step father’s attendance at and progress in a mental health service and/or alcohol or other drug service may be relevant to child wellbeing or safety, for example in tailoring delivery of a service to the child in a way that is sensitive to the child’s anxiety about their step father’s wellbeing or capacity of the family household.

Threshold part 3: Excluded information

‘Excluded information' is information that cannot be collected, used or disclosed under the Child Information Sharing Scheme, as set out in Section 41Q of the Child Wellbeing and Safety Act.

Excluded information is any information that, if shared, could be reasonably expected to do the following:

Endanger a person’s life or result in physical injury – this includes the child, their family or any other person. For example, if sharing the location of a child could be reasonably expected to pose a threat to the life or physical safety of the child or another person, this information should not be shared.
Prejudice the investigation of a breach or possible breach of the law or prejudice the enforcement or proper administration of the law – including police investigations. For example, any information that could unfairly influence or reveal details of a police investigation or Commission for Children and Young People investigation.
Prejudice a coronial inquest or inquiry. For example, information that could unduly influence a witness expected to give evidence before a coronial inquest.
Prejudice the fair trial of a person or the impartial adjudication of a particular case. For example, if the information would unfairly influence the outcome of a proceeding.
Disclose the contents of a document, or a communication, that is of such a nature that the contents of the document, or the communication, would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege. For example, if the information is legally privileged.
Disclose or enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of the law. For example, if that information could reveal or be used to reveal the name of a person who has confidentially provided information to police.
Contravene a court order or a provision made by or under the Child Wellbeing and Safety Act or any other Act that:
- prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding, or
- requires or authorises a court or tribunal to close any proceeding to the public. For example, if information is part of a closed court proceeding.
Be contrary to the public interest. For example, revealing information about covert investigative techniques.

Information sharing entities are not required to conduct investigations to determine that information is not ‘excluded information’ before sharing it. Rather, if they are aware that information falls within an excluded category then they are not permitted to share that information. For example, a disclosing entity does not have to investigate whether there are any open or planned legal proceedings that might be prejudiced by disclosing requested information that meets parts one and two of the threshold for sharing, but if the entity is aware of open proceedings that they reasonably expect could be prejudiced by the disclosure of the information, then they must not disclose that particular information.

Information sharing entities cannot share information known to be restricted under another law (see Chapter 4).

When information can be shared

Organisations are required to share and handle information appropriately, in accordance with legislative requirements under this scheme and other applicable legislation such as the Privacy and Data Protection Act 2014 and the Health Records Act 2001 (see Chapter 4).

When sharing information to identify, assess or manage the risk of family violence and respond to child wellbeing or safety, the Family Violence Information Sharing Scheme and the Child Information Sharing Scheme must be used together, guided by the MARAM Framework and children’s best interests and developmental frameworks. See Chapter 3 for more information about sharing information in a family violence context.

Requesting information

An information sharing entity may request information when it meets the first and third parts of the threshold. That is, the information being requested is:

to promote the wellbeing or safety of a child or group of children
not excluded information under the Child Information Sharing Scheme to their knowledge.

Information sharing entities should use professional judgement to decide which organisation or service to request information from, taking into account the following:

the activity the requesting information sharing entity is seeking to undertake and the type of information that may assist them
the roles and responsibilities of other information sharing entities and the information they are likely to hold
the currency and relevance of the information other information sharing entities are likely to hold.

The information sharing entity requesting the information should provide sufficient detail to enable the responding information sharing entity to make a decision about whether all three parts of the threshold have been met.

When making a request, an information sharing entity may disclose any confidential information that may assist the responding information sharing entity to:

identify the information they hold that is relevant to the request
form an opinion on whether the information may be disclosed under the scheme.

The record keeping requirements for voluntary disclosures apply (see Chapter 5 Record keeping and information management).

Responding to requests for information

Information sharing entities should provide relevant information in a timely manner if the request meets all three parts of the threshold for sharing under the scheme.

In many cases, timeliness will be critical to realising the benefits of information sharing. The requesting and responding information sharing entities should develop a mutual understanding about when the information is required, to allow appropriate action to promote a child’s wellbeing or safety. Information sharing entities should establish processes to streamline their approach to responding to information requests under the Child Information Sharing Scheme to minimise the risk of inadvertently delaying information sharing.

The responding information sharing entity may ask the requesting information sharing entity to provide further information about the request, in order to assist them to:

identify relevant information to respond to the request
form an opinion about whether the information may be disclosed under the Child Information Sharing Scheme (whether the disclosure meets the threshold).

Information sharing entities must comply with requests for information that meet the threshold for sharing, including where relevant information was originally obtained from another source.

An information sharing entity may also choose to voluntarily disclose additional information to what has been requested and which meets the threshold for sharing.

If an information sharing entity decides to refuse all or part of a request for information under the Child Information Sharing Scheme, it must provide the requesting entity with the reason for the refusal, in writing. For example, a written reason may state that information has not been disclosed because the information is excluded under the scheme or cannot be shared because it is restricted under another law.

Information sharing entities are encouraged to voluntarily (that is, proactively) provide information to another information sharing entity if doing so meets all three parts of the threshold for sharing, especially as part of an ongoing collaboration between services to provide tailored support to a child or family.

This may occur when an information sharing entity becomes aware of information that, in their professional judgement, may assist another information sharing entity to promote the wellbeing or safety of a child engaged with their service.

It is important that information sharing entities take reasonable care to verify the identity of the professional or service and ensure that they are an information sharing entity.

If an information sharing entity does not have an existing relationship with the person receiving or requesting information, then they should take reasonable steps to verify their identity. This may include asking them to send an email from an organisational account or calling them back via their organisation’s switchboard.

What information can be shared

Confidential information about any person that meets the threshold for sharing under the Child Information Sharing Scheme can be shared. ‘Confidential information’ is defined in the Glossary at Appendix 1.

Information that can be shared is broad and may also include:

professional judgements
plans and assessments
information obtained from other sources.

Historical information collected before the commencement of the scheme, as well as information collected after the commencement of the scheme, may be shared between information sharing entities if the threshold for sharing is met.

Once the threshold for sharing has been met, information sharing entities must still exercise their professional judgement in only sharing information to the extent necessary to promote the wellbeing or safety of a child or group or children. For example, while a case file may contain information that meets the threshold for sharing, the disclosing information sharing entity must still consider what specific information from the case file to share to achieve the particular objective.

Information that is shared with other information sharing entities should be as accurate and current as possible to best promote the wellbeing or safety of children. When sharing information that has been obtained from another source, information sharing entities should advise that the information came from another source and when the information was obtained, if appropriate, safe and reasonable to do so. For example, it may be appropriate to advise that information is law enforcement data obtained from Victoria Police, if known.

Drawing the attention of the receiving information sharing entity to the date an assessment was undertaken can help them decide whether a new assessment should be completed. Advising of the original source may allow them to seek additional information from that source, depending on the circumstances.

The Child Information Sharing Scheme permits information sharing entities to share information with a child, a person with parental responsibility for the child or a person with whom the child is living, for the more limited purpose of managing a risk to the child’s safety.

Information sharing entities should consider the following when determining whether to disclose information to a child or relevant family member to manage a risk to the safety of a child:

the nature and significance of the risk to the safety of the child
whether the information will enable the recipient to manage the risk to the safety of the child and, if so, what information will assist that person to manage the risk most effectively
whether any of the information proposed to be disclosed is known to be ‘excluded information’ under Part 6A of the Child Wellbeing and Safety Act or restricted from sharing under other legislation.

Information shared with a child or their relevant family members under the Child Information Sharing Scheme cannot be further used or disclosed by that person unless it is for the purpose of managing a risk to the child’s safety or as permitted by any other law.

Information sharing with family members and children in a family violence context presents particular and complex risks. Information sharing entities should refer to Chapter 1 of the Family Violence Information Sharing Guidelines for guidance on sharing information safely in these circumstances.

Consistent with the purpose of managing risks to children’s safety, information must not be shared with a perpetrator or alleged perpetrator of family violence, or other offence against a child, if it could put the child or another person at further risk.

Footnotes

1. See the Victorian Charter of Human Rights and Responsibilities 2006 and the United Nations Convention on the Rights of the Child.

Updated 6 March 2023

Chapter 1 - Sharing information under the scheme

On this page

Key points

Who can share information

Prescribed information sharing entities

The threshold for sharing