Chapter 16a Requests - How to get confidential information from another organisation in a child protection investigation
How to get confidential information from other organisations in a reportable conduct or safeguarding investigation.
If you’re not overly familiar with reportable conduct investigations in NSW you may not be aware that your organisation may have the right to request relevant information from other organisations which otherwise would not be released due to privacy or confidentiality considerations.
Chapter 16a of the Children and Young Persons (Care and Protection) Act 1998 allows prescribed bodies (government and non-government) to share information about children and young people without requiring the consent of the people involved.
Who can request/provide information under Chapter 16a?
In order to request information under Chapter 16a both your organisation, and the organisation that you are requesting the information from, must be “prescribed bodies”. A prescribed body is any organisation specified in Section 248(6) of the Children and Young Persons (Care and Protection) Act 1998 (the Act) or in Clause 7 of the Children and Young Persons (Care and Protection) Regulation 2000 they include, but are not limited to:
· NSW Police force
· NSW Government departments
· public authorities
· organisations that arrange the provision of out-of-home care
· government schools
· registered non-government schools or TAFE
· public health organisations
· private hospitals
· private fostering or adoption agencies
· child care centres
· designated agencies
· registered agencies or any organisation responsible for the direct supervision or provision of health care, welfare, education, children’s services, residential services, or law enforcement wholly or partly to children.
What information can be provided under a Chapter 16a request?
There is a huge amount of information which you might not be aware of that could be provided through a Chapter 16a request. Some of the most important information would involve interviews with children, witnesses or the respondent in an investigation.
Obviously when conducting a reportable conduct investigation the needs of the child are paramount and care must be taken to not re-traumatise a child by putting them through an interview if they have already made disclosures to a trained child protection investigator. Some of the most valuable documents that we have received through Chapter 16a requests are transcripts or summaries of child interviews conducted by the child abuse squad from the NSW Police Force or by trained child protection investigators with the Department of Communities & Justice.
Other documents that can be very helpful in a reportable conduct investigation are complaints, charges, prosecutions or convictions involving child protection issues which may demonstrate a pattern of behaviour by the respondent.
What information needs to go into a Chapter 16a request?
You need to show that the information you are seeking relates to the safety, welfare or wellbeing of a child or young person and that the information would assist your organisation in making a decision, assessment or plan; initiate or conduct an investigation; provide a service; or manage a risk in relation to the safety, welfare or wellbeing of a child or young person.
How do I get information from the Police?
Send an email with a completed Chapter 16a request to this email: INFOLINK16A@police.nsw.gov.au>
How do I get information from the Department of Communities & Justice?
Send an email with a completed Chapter 16a request to this email: information.exchange@dcj.nsw.gov.au
Is there a particular form that I can use?
Yes, the NSW Department of Communities and Justice provides a form that you can dowload here.