Information sharing and the Child and Youth Safe Organisations Framework
Appropriate information sharing between organisations and authorities is a key element of the Child and Youth Safe Organisations Framework.
What does 'information sharing' mean in the context of the Child and Youth Safe Organisations Framework?
There are laws that forbid the sharing of personal information in some situations.
For example, the Personal Information Protection Act 2004 or the Privacy Act 1988 (Cth).
Despite these laws, leaders of organisations covered by the Child and Youth Safe Organisations Framework are permitted to share personal information in specific circumstances.
Under the Framework, information can only be shared with certain bodies — such as the Independent Regulator, the Police, the Registrar of the Working With Vulnerable People Act— and in certain circumstances, such as for the safety of children.
There are financial penalties for those who share information beyond these permissions.
Why is sharing information in the right way so important for preventing harm to children and young people?
"Information sharing is important because it keeps people accountable.”
- Person with lived experience of child sexual abuse in a Tasmanian institution.
Inquiries into child abuse in organisational settings have showed us there can be serious consequences when information doesn’t flow effectively between relevant people or groups.
The law underpinning the Framework provides for a range of information-sharing channels to try to avoid this happening.
For example, where the worker who is the subject of a reportable conduct allegation in one organisation is volunteering with another organisation that works with children, and you are concerned about the welfare of those children.
When and how can leaders share information with other safeguarding organisations?
What types of information leaders of organisations covered by the Framework can share:
- a reportable allegation or reportable conviction
- a concern that reportable conduct has been committed
- the investigation of either of the above
- findings, reasons for findings and recommendations made at the conclusion of that investigation
- any action taken in response to those findings
- an alleged or actual failure to comply with the Child and Youth Safe Standards or the Universal Principle.
But they can only share it when:
- required to under the Framework. For example, when reporting to the Independent Regulator, or to carry out an investigation.
- it is necessary for the safety and wellbeing of children. For example, where the worker who is the subject of the allegation is volunteering with another organisation that works with children and you are concerned for the safety of those children.
And they only can share it with:
- the Independent Regulator
- an entity regulator
- head of another organisation legally required to comply with the Framework
- police
- an independent investigator if necessary for the purposes of an investigation
- the Registrar of the Working with Vulnerable People Act 2013
- the Integrity Commissioner under the Integrity Commission Act 2009
- a Government Minister;
- if the worker who is the subject of the reportable allegation or reportable conviction is a contractor, that worker’s direct employer.
When and how can leaders share information with a colleague?
Leaders of organisations covered by the Framework can share information with another worker within their organisation if:
- it is necessary for the purposes of the Framework (for example, carrying out a reportable conduct investigation) or
- if necessary to promote the safety and wellbeing of children.
But the information must relate to:
- a reportable allegation or reportable conviction
- a concern that reportable conduct has been committed
- the investigation of either of the above
- findings, reasons for findings and recommendations made at the conclusion of that investigation
- any action taken in response to those findings
- an alleged or actual failure to comply with the Child and Youth Safe Standards or the Universal Principle.
When and how can leaders share information with children, youth and/or their carers?
Leaders of organisations covered by the Framework can share information with victims that are children, youth and/or their carers when the information relates to:
- information about the progress of an investigation
- findings, reasons for findings and recommendations upon conclusion of an investigation
- actions taken in response to those findings.
But they cannot:
- share information with the guardian or carer if the allegation of reportable conduct is against them.
When and how can leaders share information with the worker subject to a reportable conduct allegation?
Leaders of organisations covered by the Framework can share information with a worker whose conduct is being investigated when that information relates to:
- the disclosure of reportable conduct has been made
- findings, reasons for findings and recommendations upon the conclusion of an investigation
- actions taken in response to those findings.
What information cannot be shared under the Child and Youth Safe Organisations Framework?
Other than in the circumstances listed above on this page, you cannot share information about reportable conduct:
- unless permitted by the Child and Youth Safe Organisations Act 2023
- with the guardian/carer of a child if the allegation of reportable conduct is against that guardian/carer
- that reveals the identity of the child (unless you are the child)
- that reveals the identity of the person being investigated while the investigation is happening.
For example, this means a leader of an organisation can tell the Independent Regulator the name of the child and the name of the person alleged to have committed reportable conduct but can’t tell their neighbour or hairdresser.
Test your understanding of information sharing and Child and Youth Safe Organisations Framework:
Learn more about information sharing and Child and Youth Safe Organisations Framework by taking this quiz
1. As the leader of organisations covered by the Child and Youth Safe Organisations Framework, I can give the identity of a child who has experienced reportable conduct to the child’s aunt who is visiting from Queensland.
Yes, I can share the information.
That is not correct.
It is a punishable offence to share information on the identity of a child in relation to whom a reportable conduct allegation relates.
No, I cannot share the information.
That’s correct.
It is a punishable offence to share information on the identity of a child in relation to whom a reportable conduct allegation relates.
2. As the leader of organisations covered by the Child and Youth Safe Organisations Framework, I can share information about the fact of a reportable allegation being made about a worker with the leader of another organisation that is also covered by the Framework to protect the safety of children.
Yes, I can share the information.
That’s correct.
Leaders of organisations covered by the Child and Youth Safe Organisations Framework can share information with the head of another organisation covered by the Child and Youth Safe Organisations Framework if necessary to promote the safety and wellbeing of children.
No, I cannot share the information.
That is not correct.
Leaders of organisations covered by the Child and Youth Safe Organisations Framework can share information with the head of another organisation covered by the Child and Youth Safe Organisations Framework if necessary to promote the safety and wellbeing of children.
3. As the leader of organisations covered by the Child and Youth Safe Organisations Framework, I'm not allowed to share information that is necessary to progress a reportable conduct investigation with my colleagues, even though doing so would help me find out what happened.
Yes, I can share the information.
That is not correct.
Leaders of organisations covered by the Child and Youth Safe Organisations Framework can share information about a reportable conduct investigation with colleagues who are assisting the process.
No, I cannot share the information.
That’s correct.
Leaders of organisations covered by the Child and Youth Safe Organisations Framework can share information about a reportable conduct investigation with colleagues who are assisting the process.
Seeking help?
We encourage anyone affected by, or with concerns about, child sexual abuse or other types of child abuse to access advice and support.
National:
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For domestic, family, and sexual violence counselling and support, contact
1800RESPECT:- Phone: 1800 737 732
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For short-term support if you are feeling overwhelmed or having difficulty coping or staying safe, contact Lifeline:
- Phone: 13 11 14
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For free professional phone and online counselling for anyone affected by suicide living in Australia, contact Suicide Call Back Service:
- Phone: 1300 659 467
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For information and support for anxiety, depression and suicide prevention for everyone in Australia, contact Beyond Blue:
- Phone: 1300 224 636
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For information and support for anyone who is affected by complex trauma, contact
Blue Knot Foundation:- Phone: 1300 657 380
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For counselling and support for Australian men, contact MensLine Australia:
- Phone: 1300 789 978
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For advice for men about family violence, contact Men's Referral Service:
- Phone: 1300 766 491
- Phone: 1800 55 1800
Tasmania:
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For information about child wellbeing and safety, contact
Strong Families, Safe Kids Advice and Referral Line:- Phone: 1800 000 123
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For free and confidential support for people who have been affected by sexual violence, contact the Tasmanian Sexual Assault Support Line (24 hour response state-wide):
- Phone: 1800 697 877
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For information and support for children, young people and adults affected by family violence, contact
Family Violence Counselling and Support Service:- Phone: 1800 608 122
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For free and confidential support for people impacted by crime, contact
Victims of Crime Service:- Phone: 1300 300 238
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For support for relationships and to live positive lives, contact
Relationships Australia Tasmania:- Phone: 1300 364 277