Legislative Changes - information exchange

Information exchange provisions in the new legislation were proclaimed on 30 October 2009.

The amended legislation enables agencies such as yours to share relevant information and requires your agency to co-ordinate with other organisations in promoting the safety, welfare and wellbeing of the child or young person.

The information exchange provisions in the amended Children and Young Persons (Care and Protection) Act 1998 clearly prioritise the safety, welfare and wellbeing of the child or young person over an individual's right to privacy. These changes have the full support of the Privacy Commissioner.

Non-governemnt organisations working with children are covered by the new legislation.

The information to be shared must relate to the safety, welfare and wellbeing of a child or young person or class of children or young people.

Where there are inconsistencies with existing privacy legislation, the new provisions in Chapter 16A in the legislation will apply. The information exchange provisions will support the early operation of the Child Wellbeing Units. 

Information exchange guidelines, checklists and other resources have been developed to support these changes. Further details on the proclamation and a list of these guidance materials have been published on the Government's Keep Them Safe website, then navigate to the Information Exchange page.