1. Introduction

2. Principles that underpin these guidelines

3. What is “placement information” and “high level identification information”?

4. Why disclose placement information? - What the research says

5. Relationship with other information disclosure legislation

6. Disclosure of placement information to parents and other significant people

7. Type and amount of placement information to be disclosed

8. Initial and ongoing disclosure of placement information

9. Disclosure must be consistent with order of court or tribunal

10. Refusal to disclose placement information

11. Special requirements when disclosing high level identification information

12. Keeping records of disclosure of placement information

13. Participation of children and young people in decisions to disclose placement information

14. Improper disclosure of placement information

15. Education and training for agency staff and authorised carers

16. Review of the Guidelines

17. Flowchart of key actions to be taken in considering the disclosure of placement information

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The Act establishes a clear process for designated agencies to disclose such information and provides safeguards for children and young people in care, authorised carers and their families and households.

The Children’s Guardian has developed these Guidelines under section 149D of the Act to assist designated agencies to manage the disclosure of placement information to parents and other significant people.

All disclosures of placement information must be approved by an appropriately authorised senior officer within the designated agency. All other staff must be instructed that they are not to disclose placement information without the approval of the authorised officer. Designated agencies must clarify this delegation in their policies and procedures relating to disclosure of placement information about children and young people in out-if-home care.

These Guidelines have been developed having regard to the following principles of the Act:

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Designated agencies must apply these principles when making decisions about the disclosure of placement information in accordance with the Act and these Guidelines.

Children and young people entering care come with a family and network of relationships of their own. Supporting children and young people in care necessarily involves assisting them to maintain connection with their family and networks, unless this is contrary to their best interests or could pose a risk to the health, safety or well-being of the authorised carer or members of their family or household.

Providing placement information to parents and other significant people encourages them to remain engaged with the child or young person’s life, which in turn can lead to better outcomes for the child or young person in outof-home care and when they leave care.

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Significant people can influence the life of children and young people in care in a number of ways and can help them preserve family relationships, community links and cultural, language and religious ties.

Providing information to parents and others with whom the child or young person has a significant connection reassures those people that they are being supported to maintain their relationship with the child or young person.

Providing parents with placement information may help interactions during contact. Some research studies have reported parents’ views on having access to relevant information as follows:

Burnside and the Social Justice and Social Change Research Centre. p 75.

2000, p 76.

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There are other sections in the Act which deal with the provision of information to parents and others, as outlined in the table below.

Director-General of the Department of Community Services

The following people are entitled to have access to all records made within the Department relating to the placement in out-of-home care of an Aboriginal or Torres Strait Islander child or young person:

Children and young people in care under an emergency care and protection order Director-General of the Department of Community

Services

Information about the child or young person’s whereabouts is to be disclosed to the parents where there is no reason to believe that such a disclosure would prejudice the safety, welfare, well-being or interests of the child or young person.

Where the Director-General does have concerns, only information that is not high level identification information may be disclosed.

All children and young people in out-of-home care Designated agency with supervisory responsibility. Information about the progress and

development of the child or young person is to be provided to the parents.

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The PPIP Act establishes Information Protection Principles for the collection, retention and security of, access to, and disclosure of personal information.

Whilst the PPIP Act only applies to public sector agencies, some contracts between the Department of Community Services and non-government designated agencies require those agencies to comply with the Information

Protection Principles.

This general requirement is subject to exceptions further discussed at sections 7-11 of these Guidelines and, for the Department of Community Services, the requirements of section 14 of the Act.

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Regardless of whether a person makes a request for placement information, children and young people may identify people who they care about, or may talk about people with whom they have formed a bond or close relationship.

Designated agencies should acknowledge the significance of particular people to a child or young person and record this in assessment reports, case plans and case plan reviews. They should be aware that who is significant may change over time.

Some children and young people may need help from agency staff to identify people who could play a significant part in their

life - for example, a grandparent or sibling could provide a useful point of contact for a child or young person in care.

If a designated agency identifies a significant person who it believes should be provided with placement information, and that person has not requested the information, the designated agency may inform the person of their right to make a written request for the information.

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Aboriginal and Torres Strait Islander (ATSI) people have a broad system of family relationships that extend far beyond the general non-ATSI concept of extended family. It includes connections and identification with land, wider family and community networks and heritage.

As the ATSI communities in NSW include many different cultural groups, the nature of the connections may vary for individual ATSI children and young people. The significant ties for each individual child or young person must be recognised, maintained and recorded in case plans and case plan reviews. In addition some of these ties may have greater significance within the specific culture at different stages of the child or young person’s life - this too needs to be recognised and incorporated into case planning.

It is important for designated agencies to consult with an ATSI child or young person and appropriate members of the specific cultural community to develop a clear picture of the people who may be significant to the child or young person.

To assist designated agencies in developing policies and making decisions around the release of placement information, various types of placement information have been categorised into a hierarchy as follows:

Statement.

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(a) the surnames of the authorised carer of the child or young person and of any other person living in the household of the authorised carer,

(b) the street address and locality of the authorised carer of the child or young person,

(c) the landline telephone number of the authorised carer of the child or young person,

(d) details of the employment or activities of the authorised carer of the child or young person that would be sufficient to identify

(e) the name of the school that the child or young person is attending,

(f) any other type of information prescribed by the regulations(no regulations have been made).

For example:

An agency must not disclose information which may enable a parent or significant person to establish high level identification information

unless it has decided to disclose high level identification information.

For example:

place of employment)

Whilst the disclosure of Type 3 information may not pose a direct risk to the physical safety of relevant people, it may pose a risk to their welfare and well-being. For example, some parents may harass the carer if provided with their mobile phone number.

Where there are concerns this sort of behaviour may occur, Type 3 information should not be disclosed, with all contact to be managed via the designated agency.

Consideration should always be given as to whether information disclosing the general community or geographical location of a child or

young person or an authorised carer may allow the child or young person or authorised carer to be located (in which case the information

falls within the second category). Whilst stating that an authorised carer lives in Western Sydney may not allow a parent to locate the

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carer, stating that they live in a particular small country town might. As a general rule, the smaller the community or location referred to, the

greater the risk of the authorised carer being located and/or identified.

This includes general non-identifying information about life events of the household that are known to be significant for the child or young

person. The reason for providing this type of information is to keep parents and other significant people up to date with what is happening

around the child or young person so that interactions during contact are more supportive and relevant to the child or young person’s

current life.

Significant events which parents and other significant people may be informed about include, but are not limited to, the following:

that impact on the child or young person’s life

This type of information allows parents or others with significant attachment to the child or young person to have a picture of the

situation in which the child or young person is placed. It is different from information on the progress and development of the child or

Context information about the placement helps parents and others stay engaged with the child or young person’s life, which is important

for long term outcomes for children and young people. The information may be in the form of a regularly updated carer family and situation

profile and should include, but is not limited to, the following:

at home and Josie works full-time in an office job. They have been carers for ten years and have cared for five other children before. They are an active outdoors type of family involved in sports and other activities like camping)

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Each type of placement information must be considered individually. A reason for withholding one type of placement information is not justification for withholding all placement information.

As a general principle, designated agencies should give parents and other people significant to the child or young person as much information about the placement as is practicable. If a decision is made to disclose high level identification information then relevant types of information at a lower level, i.e. Types 3, 4 and 5, should also be provided.

This general principle is subject to special provisions:

of these Guidelines)

the safety, welfare or well-being of the child or young person, their authorised carer, or any member of the family or household of the

or young person, the authorised carer, or any member of the family or household of the authorised carer

The designated agency should consider the wishes of the authorised carer that relate to the safety, welfare or well-being of the child or young person, their authorised carer, or any member of the family or household of the authorised carer.

For example, evidence indicating the likelihood of frequent inappropriate intrusion and harassment would justify withholding a contact number, but concern regarding possible inconvenience to the authorised carer (without there being a risk to their safety, welfare or well-being) would not.

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Parents and other significant people may need some support and guidance on how they should use placement information

disclosed to them. Agencies might develop an information package with advice on, for example, respect for the boundaries

and privacy of authorised carers and their families.

Health information is information or an opinion that relates to:

substances

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For example, if an authorised carer whose identity is known to a parent or other significant person is suffering from cancer, the

designated agency may not disclose this information to a parent or other significant person without the carer’s consent.

Information should be released soon after the child or young person enters the placement to help the child or young person and parents cope with their separation and loss.

However, it would not be appropriate to release Type 1-3 information before relevant risks associated with disclosure have been assessed. This may be able to be done quickly where the agency has some knowledge of the parents, but may take longer where the agency needs to know more about the parents and the risks they may pose to the safety of the child or young person, the authorised carer, and the authorised carer’s family and household.

As a matter of practice, Type 4 and 5 placement information may sometimes be disclosed while risk assessment and consultation with children and young people and their carers is taking place on the disclosure of Type 1-3 information.

Provision of placement information to parents and/or significant others should be considered on an ongoing basis and not only as a one-off event at the beginning of the placement. Changes in a child or young person’s needs and wishes over time will influence the type of placement information provided and who it is provided to (for example, people significant to the child may change).

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Provision of placement information needs to be addressed when developing the child or young person’s case plan goals and in

Children and young people and authorised carers should be involved wherever possible in developing and reviewing case plans and should have a say in the amount and type of placement information provided to parents and

other significant people. Where it is appropriate for parents and other significant people to be involved in case planning and review, this involvement can improve the sharing of information and the relationships between all parties.

Designated agencies need to be aware of orders made in care and protection, criminal and family law jurisdictions. The child or young person’s file(s) should be reviewed to determine whether there are any relevant orders, before further consideration is given to disclosure.

Orders of a court or tribunal may also provide the designated agency with a reasonable belief that the disclosure of placement information would adversely affect the safety, welfare or well-being of a child or young person, their authorised carer and/or a member of the authorised carer’s household or family.

For example, in the criminal jurisdiction this may include an interim or final apprehended violence order (AVO). An AVO may of itself

not give rise to such a reasonable belief, but the designated agency should be aware of any conditions on an AVO and ensure the

provision of placement information does not breach them.

Care Pursuant to a Court Order and to OCCG Benchmark Policy 1.6 on monitoring and reviewing case plans.

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Any conditions imposed on the disclosure should be conditions that address the risk to the safety, welfare or well-being of the above people.

Circumstances may change so that a designated agency no longer believes there is a risk to the safety, welfare or well-being of relevant people. In such cases, placement information should be disclosed.

For example high level identification information may be withheld from a mother while she is living with the partner who abused the

child as this poses an ongoing safety risk, but may be disclosed if she leaves that relationship.

For example, the child or young person, parents or other significant person may provide further information that addresses

the designated agency’s earlier concerns.

There may also be circumstances where the designated agency receives new information about a parent or significant person that gives rise to concerns about the risk they pose to the safety, welfare and well-being of relevant people.

In these circumstances, the designated agency should review the type and amount of placement information that should be provided in the future.

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A child or young person may wish that placement information is not disclosed for reasons that do not directly relate to his or her safety, welfare or wellbeing, or that of his or her authorised carers or their family or household

However, the designated agency should have regard to any further information provided by the person in its ongoing assessment of whether nondisclosure remains appropriate.

A decision to withhold placement information should be reflected in the case plan and review reports. The decision should be reviewed whenever the case plan is reviewed, or at least annually.

A designated agency must not disclose high level identification information concerning the placement of a child or young person unless the designated

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The Department of Community Services has developed a standard consent form that designated agencies may wish to adapt.

The agency should also make it clear to the authorised carer that once a decision has been made to disclose a particular kind of high level identification information (eg: a landline phone number), the agency may provide the parent or other significant person with updates to that information if it changes,

unless the agency has new information that suggests disclosure is no longer appropriate (see further below).

The authorised carer should be advised that they should inform the designated agency if they have any new concerns that disclosure of such information may pose a risk to the safety, welfare or well-being of the child or young person in care, the authorised carer, or a member of the authorised carer’s family or household.

If the authorised carer does not consent to the disclosure within 28 days of being requested to do so, or refuses to consent to the disclosure, the designated agency may disclose the high level identification information if it:

(a) believes on reasonable grounds that the disclosure will not pose any risk to the safety, welfare or well-being of:

(i) the child or young person concerned, or

(ii) the authorised carer of the child or young person, or

The designated agency must provide the authorised carer with written reasons as to why it believes the disclosure will not pose any risk to the safety, welfare or well-being of:

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The designated agency must also give the authorised carer a written notice stating that:

a) the information will not be disclosed within 21 days after the date of the notice,

b) the decision to disclose the information may be reviewed by the Administrative Decisions Tribunal (ADT):

(i) on the application of the authorised carer, or

(ii) on the application of the designated agency (on behalf of the authorised carer), at the request of the authorised carer within 21

days of receiving the notice.

Carers will be able to appoint and instruct a legal representative, who is independent of the agency, to act for them in ADT proceedings, and may apply to the Legal Services Branch of DoCS to meet their reasonable legal representation costs.

At the time of publishing these Guidelines, DoCS was finalising an information package on review and legal assistance arrangements. Information in that package should be provided to carers along with the notice, when available.

The notice and accompanying information should be sent to the authorised carer by registered mail to their postal address, or personally delivered to the authorised carer (proof of delivery must be obtained and kept).

Where the child is less than 12 years of age, the designated agency must:

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This information should be disclosed to the child as soon as practicable after the child reaches 12 years of age, unless the agency considers that it is not in the child’s best interests to do so.

Some younger children may find it hard to nominate someone and the agency may have to help them identify an appropriate person.

An example of where it may not be in the best interests of a child or young person to be given the written reasons is where the

reasons contain details about a parent which could be upsetting for the child or young person.

Deciding that it is not in the child or young person’s best interests to provide them with the written reasons does not remove the requirement to retain a copy of the reasons on file.

However, issues raised by a child or young person in response to the written reasons could influence an agency to change a decision to disclose high level identification information.

However, before doing so the designated agency must carry out an internal review of the decision.

Designated agencies should be familiar with arrangements for internal and ADT review as a number of kinds of designated agency decision are subject to administrative review under section 245 of the Act.

Designated agencies will need to develop procedures to support internal and ADT review of their decisions to disclose high level identification information, and should have regard to the information on review and legal representation to be published by DoCS.

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Advice of a general nature on what is expected of an agency during review, the provision of legal assistance to authorised carers, and the payment of reasonable authorised carer costs, can be obtained from Legal Services Branch, Department of Community Services on tel. (02) 9716 2307; fax. (02)

9716 2988 or Locked Bag 28 Ashfield NSW 1800.

ADT decisions are binding and designated agencies must have systems in place to ensure ongoing compliance with such decisions.

There may also be circumstances where the designated agency receives new information about a parent or significant person that gives rise to concerns about the risk they pose to the safety, welfare and well-being of relevant people.

This information may be provided by the authorised carer or some other person.

In these circumstances, the designated agency should review the high level identification information that should be provided in the future and advise the authorised carer accordingly.

The designated agency should record on the child or young persons case file the nature of the placement information disclosed, when it was disclosed, why it was disclosed, and who it was disclosed to.

Designated agencies must consult with children and young people about whether or not to disclose placement information to a parent or other

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significant person, the type and amount of information to be disclosed, and the significance of particular people to them.

Children and young people may not be able to fully express their views without support and they should be given the opportunity to develop a trusting relationship with a worker who can encourage and assist them and act as a support person.

Children and young people may need help in understanding the implications of placement information being provided and, if there

is to be a meeting where it is discussed, they may need help from a support person in preparing for the meeting, in having their say

at the meeting, or may wish to give their input in a different way.

Whilst children and young people should be encouraged to form their own views, they should not be required to express an opinion and should be protected from any negative consequences of expressing their views.

Although there would be very few occasions where a designated agency would decide to release or withhold placement information contrary to the wishes of the child or young person, if this occurs, staff from the agency should meet with the child or young person and explain the reasons for the decision. It may assist the child or young person to have a support person at this meeting.

The reasons for the decision should be recorded on the child or young person’s file, along with information as to the child or young person

disagreeing with the decision.

Section 254 of the Act establishes an offence for improperly disclosing

information obtained in connection with the administration or execution of the

Act. This includes placement information.

To act in good faith means to act with an honest and genuine intention or with a sincere belief.

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Designated agencies will need to provide education and training on the disclosure of placement information to staff. As a minimum, education and training should cover:

It is important that all staff who do not have the authority to disclose placement information are made aware that they are not to disclose that information. Where possible, training and information on the disclosure of placement information should be integrated into pre-existing training and information resources concerning confidentiality, privacy and the release of information.

For example, agency staff who transport children to have contact with their parents should be made aware that they are not to

disclose information on where the child is living unless the agency has decided to release high level identification information.

These Guidelines will remain current for a period of two years from the date of publication, after which they will be reviewed by the Children’s Guardian.

The Children’s Guardian may review the Guidelines earlier if significant issues are raised.

The Children’s Guardian will notify all designated agencies of any changes made to the Guidelines arising from any review.

C/YP placed in OOHC

with DA

Is there a court or

tribunal order

requiring PI to be

disclosed or not

disclosed?

Has a person other

than C/YP’s parent

made a written

request for PI?

Does C/YP object to specific PI

being disclosed?

Does the DA believe it is in

C/YP’s best interest to

disclose that PI, provided no

concerns about safety, welfare

or wellbeing of any relevant

people?

Seek carer’s views on whether

disclosure of relevant specific

type 1-3 PI to each parent/other

person would adversely affect

safety, welfare or well-being of

any relevant people.

Having regard to the views of

C/YP & carer, does DA

reasonably believe disclosure

of relevant specific type 1-3 PI

would adversely affect safety,

welfare and well-being of any

relevant people?

Disclose type 4-5 PI, having regard to wishes of

C/YP;

AND

Disclose relevant type 3 PI, subject to any

conditions, having regard to wishes of C/YP & carer;

AND

Contact carer in writing and request their written consent to disclosure of relevant specific type 1 PI, providing them with information required by Guidelines.

Has carer consented to disclosure within 28 days of contact?

Disclose relevant type 1-2 PI.

Refuse to disclose that PI.

Parent/significant person to be advised of refusal in writing.

Ask C/YP what they wish to be disclosed to each parent/ significant person.

Ask C/YP if the person is significant to them.

Manage disclosure as per order

DA to comply with ADT’s decision.

Please note, DAs may be able to take some of the steps for consulting C/YP and their carers at the same time.

Regardless of previous decisions regarding disclosure of placement information, DA must review disclosure arrangements as part of

case planning and review, taking into account changing circumstances.

DA to apply to ADT for review of decision, if requested by the carer.

The carer may also apply directly to ADT and DA will be a party to proceedings.

Do not disclose Type 1-2 PI during this time.

DA to carry out internal review and advise carer of outcome.

Do not disclose Type 1-2 PI during this time.

Has carer requested review within 21 days?

DA to provide carer & C/YP with additional info in writing & keep records in accordance with section 11 & 12 of the Guidelines.

Does DA still reasonably believe disclosure of relevant type 1 PI will not adversely affect the safety, welfare & well-being of

any relevant people?

Disclose relevant type 1-2 PI.

Can conditions be imposed on disclosure to manage risk to any relevant people? C/YP & carer to be consulted in making assessment.

Question

Action

Yes

No

Within 21 days, carer may apply, or request DA to apply, to ADT, in line with section 11 of the Guidelines & DoCS information

package.

End point Next step