Child and Family Violence Information Sharing Schemes

Chapter 11 — Safeguards when using the Information Sharing Schemes

Safeguards

The Information Sharing Schemes provide safeguards for the authorised sharing of information.

Offences and penalties may apply where information is shared unlawfully under the Information Sharing Schemes. The Information Sharing Schemes include offences for unauthorised and intentional or reckless use or disclosure of confidential information, and falsely claiming to be an Information Sharing Entity, or an authorised representative of an Information Sharing Entity — or knowingly allowing someone else to believe that you are.

When school staff, with authorisation to share information under the schemes, act in good faith and with reasonable care when sharing information, they will:

• not be held liable for any criminal, civil or disciplinary action for providing the information
• not be in breach of any code of professional ethics, or considered to have departed from any accepted standards of professional conduct.

Acting in accordance with the Code of Conduct for Public Sector Employees, which requires all staff to demonstrate the value of respect by maintaining confidentiality and treating private information properly, also acts as a protection. Schools treat information properly by complying with legislation and Departmental policies relating to dealing with personal and health information, for example, this policy, the Privacy and Information Sharing Policy, Schools’ Privacy Policy, Records Management — School Records Policy and Information Security Policy.

Record keeping that meets regulatory requirements provides a good basis for demonstrating that a professional acted in good faith.

Good record keeping practices also support compliance with the Information Sharing Schemes by ensuring records are not shared inappropriately.

If school staff identify or suspect that information is being shared inappropriately, they should immediately notify the principal or an appropriate member of the school’s leadership team or, where the concern is related to conduct of the principal, the regional office.

Refer to Complaints — Information for Employees and Complaints, Misconduct and Unsatisfactory Performance — Teaching Service for further information.