Chapter 11 — Safeguards when using the Information Sharing Schemes
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.
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.
Reviewed 25 April 2021