3. Child Link Users

The professionals who may be authorised to be Child Link Users are limited to specific roles which have responsibility for child wellbeing and safety. Access to Child Link is prescribed in the Child Wellbeing and Safety Act and associated regulations and is restricted by role and purpose to ensure that only appropriately skilled and trained people within an organisation will be able to access Child Link.

Key professionals who work for universal or targeted children’s services (such as Maternal and Child Health nurses, school principals or Child Protection practitioners), and professionals with stewardship responsibility for child wellbeing and safety, (such as the Principal Commissioner for Children and Young People and select delegates) are permitted, once authorised, to access Child Link as Child Link Users. For a full list of permitted Child Link Users, refer to Appendix B.

For a Child Link User to be eligible to access Child Link, a professional must have the following prerequisites:

• be employed by an information sharing entity prescribed under CISS³
• hold a role specified in the Child Wellbeing and Safety Act as a Child Link User type⁴, which includes:
  • professionals who work directly with children, such as Maternal and Child Health nurses, teachers in early childhood education and care services, teachers in independent, Catholic, and government schools and Child Protection practitioners
  • professionals responsible for planning and promoting participation in programs and services
  • professionals with oversight roles for children and families in Victoria.
• hold either a valid Working with Children Clearance⁵ or Victorian Institute of Teaching Registration⁶.

Child Link User access

Child Link has been designed to provide Child Link Users with access to information relevant to their professional role or function. Most Child Link Users may only access the entries of children attending their school or service and the entries of a child’s siblings, where the sibling is under the age of 18 years old. This type of access applies to roles such as Maternal and Child Health nurses, early childhood teachers, school principals and registered teachers.

Some Child Link Users can access the entries of all children in Victoria. This access is applied to a limited group of Child Link roles, which includes Child Protection practitioners, the Commissioner for Children and Young People (CCYP), authorised CCYP staff and authorised DE staff. These Child Link Users can only access a child’s entry on Child Link by completing a search for the specific child and providing key information to identify that child before the child’s entry is accessible. All searches are logged and may be subject to monitoring and auditing. Where such a Child Link User has accessed a child’s entry, they may also access the entries of the child’s siblings, where the sibling is under the age of 18 years old.

Becoming a Child Link User

Holding a role that is prescribed in the Child Wellbeing and Safety Act and associated regulations does not mean a professional will automatically become a Child Link User. To become a Child Link User and get access to Child Link, an eligible person must:

• be authorised by the relevant Child Link Authoriser⁷
• complete mandatory training
• accept terms and conditions for access to Child Link which acknowledge the Child Link User’s role and responsibilities in accessing Child Link.

For schools and early childhood services, there are limits on the number of Child Link Users allowed per school/service. Up to 3 registered early childhood teachers per service and up to 7 registered teachers or staff providing health or welfare services per school (in addition to the school principal) may be authorised as Child Link Users.

Training and guidance for Child Link Users

A Child Link User must complete mandatory Child Link training before they can access Child Link, as well as mandatory refresher training when required. Child Link training is provided by DE. Completion of Child Link training ensures Child Link Users have adequate knowledge, skills, and capability to access and use Child Link as a tool to improve children’s wellbeing and safety.

Training will cover a variety of topics against clear learning objectives, such as:

• how to use and navigate Child Link
• responsibilities and obligations when using Child Link
• how Child Link can add value to professional practice
• key cultural safety considerations when using Child Link
• requirements for accessing Child Link safely and appropriately, and
• where to go for more support and resources.

Child Link Users can also access resources to support their use of Child Link. Along with the Secretary’s Guidelines, there is specific user practice guidance to use Child Link safely and appropriately including on topics such as:

• Interpreting information on Child Link
• How to use and disclose information on Child Link
• Information management and data security
• Child Link Authorisers and Users
• Child Link User purposes.

Child Link Users’ system usage

Child Link is subject to user monitoring and auditing. Investigation may occur when access or usage by a Child Link User is detected that varies from anticipated behaviour, which may prompt auditing activities. Auditing may require the Child Link User to verify usage behaviour against their purpose for access and associated professional activities.

Using and disclosing Child Link information

A Child Link User may access Child Link and:

• use confidential information contained in Child Link for a purpose specified in Schedule 6 to the Child Wellbeing and Safety Act in relation to that Child Link User; and
• disclose confidential information contained in Child Link:
  • to persons employed or engaged by the organisation at which the Child Link User is employed or engaged for a purpose specified in Schedule 6 of the Child Wellbeing and Safety Act in relation to that Child Link User; and
  • in accordance with Part 6A of the Child Wellbeing and Safety Act (CISS).

Using Child Link information

Child Link Users may use confidential information contained in Child Link for a purpose specified in relation to that Child Link User. For example:

• a Child Protection practitioner may access Child Link for the purpose of performing their functions under the Children, Youth and Families Act 2005⁸. A Child Protection practitioner working in intake will be able to use Child Link to identify key relationships and services that the child and their siblings are involved with quickly and efficiently.

Sharing in their organisation

Child Link Users may disclose information contained in Child Link to persons employed or engaged by the organisation at which the Child Link User is employed or engaged, for the purpose specified in Schedule 6 to the Child Wellbeing and Safety Act in relation to that Child Link User. For example:

• An early childhood teacher may access Child Link to provide education and care and related services to children enrolled at their service⁹. An early childhood teacher may look up the child on Child Link to see the child’s previous history with childhood services and work with other staff in their service to make better plans for the child.

Sharing under CISS

Child Link Users may disclose information contained in Child Link in accordance with CISS under Part 6A of the Child Wellbeing and Safety Act. For example:

• A school wellbeing coordinator may access Child Link to provide education and care and related services to children enrolled at the school or monitor and plan services for children enrolled at the school. Sharing under CISS allows the school wellbeing coordinator to request and share pertinent information with other agencies and Child Link will help to do this quickly and easily by providing the names and contact details of the other services with which the child has engaged.

CISS encourages information sharing entities to share information and collaborate with each other to better promote the wellbeing and safety of children in partnership with children and their families. Engaging children and their families with appropriate support services is an important aspect of promoting children’s wellbeing and safety.

All Child Link Users will be in an information sharing entity. Under CISS an information sharing entity can share confidential information with other information sharing entity of:

• 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:
  • 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; 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 being shared by another law).

When sharing information under CISS, a Child Link User should use their expertise and exercise their professional judgement to identify:

• the range of needs and risks that impact on a child’s life to inform a decision as to whether the information meets the threshold under CISS to share information
• what and how much information to share
• who to share with to support improved service delivery and promote the wellbeing or safety of the child or children.

A Child Link User will also 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, and be respectful of, and have regard to, a child’s social, individual, and cultural identity, the child’s strengths and abilities and any vulnerability relevant to the child’s safety or wellbeing.

More information on using CISS can be found in the Child Information Sharing Scheme Ministerial Guidelines.

Sensitivity flags

In Child Link, sensitivity flags may be attached to items where the child’s relationship or location information has been flagged as particularly sensitive in nature and might indicate that disclosure of a child’s location could place the child in harm. The sensitivity flag indicates to the Child Link User to be aware that additional discretion must be applied before sharing the information that has been flagged. For example, as the recording of the location of the organisation, or name of a carer, are each indicators of where a child may be located or live, Child Link Users must exercise additional caution before sharing this information if it is marked with a sensitivity flag.

Child Link, sharing under CISS and the intersection with other schemes

Intersection of CISS and the Family Violence Information Sharing Scheme

CISS and the Family Violence Information Sharing Scheme (FVISS) share a similar model and are designed to complement each other, to enable services to share information to respond to the range of needs and risk facing children and families. The schemes align in a number of ways, including:

• broadly consistent information sharing entities and record keeping requirements
• similar protections for professionals who share in good faith and with reasonable care
• prioritising children’s safety over any individual’s privacy.

The key difference between the two schemes is the purpose for sharing. FVISS permits sharing for the purpose of assessing or managing family violence risk, while CISS permits information sharing to promote the wellbeing or safety of a child or group of children. These purposes do have substantial overlap.

Family violence has significant impacts on children’s wellbeing and safety and is likely to co-exist with other wellbeing and safety issues for children. In the context of family violence, information sharing entities must use the Multi-Agency Risk Assessment and Management Framework (MARAM Framework) to guide:

• information sharing under FVISS to identify, assess and manage family violence risk to children and adults; and
• information sharing under CISS to promote the wellbeing or safety of children more broadly, supported by relevant best interests and developmental frameworks.

Information sharing entities must plan for and maximise the immediate and ongoing safety of children and other family members, being mindful that sharing information in the context of family violence may pose particular and complex risks.

Intersection of CISS with other legal obligations

Sharing information for children’s safety is permitted under other laws, such as the Privacy and Data Protection Act 2014, the Health Records Act 2001 and the Children, Youth and Families Act 2005. Organisations and services, including those not prescribed under CISS, can and should share information as permitted under other laws. Secrecy and confidentiality provisions in other laws still apply unless they have been expressly overridden by CISS.

Child safety reporting and information sharing obligations continue to apply, including:

• mandatory reporting obligations, which means reporting to child protection if there is a significant risk of harm, and information sharing with child protection under the Children, Youth and Families Act 2005
• obligations created by the ‘Failure to Protect’ and ‘Failure to Disclose’ offences under the Crimes Act 1958
• sharing information about Reportable Conduct Scheme allegations and investigations under the Child Wellbeing and Safety Act.

[3] Child Link User types specified under section 46K of the Child Wellbeing and Safety Act are roles in information sharing entities.

[4] Child Link User types are specified under section 46K of the Child Wellbeing and Safety Act. See Appendix B for a list of Child Link Users.

[5] Under the Working Screening Act 2020.

[6] Under the Education and Training Reform Act 2006.

[7] Except for the Secretary to the Department of Education, the Secretary to the Department of Health, the Secretary to the Department of Fairness, Families and Housing, and the Principal Commissioner for Children and Young People, who are authorised by the Child Wellbeing and Safety Act.

[8] Schedule 6 to the Child Wellbeing and Safety Act.

[9] Schedule 6 to the Child Wellbeing and Safety Act.