Proposed Victorian Child Information Sharing Legislation

The Victorian Department of Health and Human Services has published a consultation paper in relation to proposed legislation to enable organisations (prescribed by the legislation) to share information with other organisations who work with children and young people, to facilitate prevention of harm or early intervention.The model proposed is similar to that which operates in NSW. As well as facilitating exchange of information amongst government bodies it is proposed information could be shared with people such as childcare providers, nurses and doctors.

It is proposed that in order for information to be released under the scheme:

•      Both the provider and the recipient of the information must be prescribed entities. A prescribed organisation may also share information with a child, a person with parental responsibility for a child, or a person with whom the child is living, if the prescribed organisation reasonably believes that the provision of the information to that child or person is necessary to manage a risk to the child’s safety

•      A three-part test must be met for information to be released -

–    the information promotes the safety or well being of a child or group of children

–    there is a reasonable belief that the information may assist another prescribed entity to undertake specified activities relating to that well being or safety

–    there is a reasonable belief that the information is not excluded information (as detailed in the legislation).