LEGISLATIVE ASSEMBLY OF THE 
NORTHERN TERRITORY

MINISTER FOR CHILDREN AND FAMILIES
MINISTER FOR CHILD PROTECTION 

Care and Protection of Children (Information Sharing) 
Amendment Bill 2012 
SERIAL NO. 194

EXPLANATORY STATEMENT

GENERAL OUTLINE

Chapter 11 of the Report of the Board of Inquiry into the Child Protection System in the Northern Territory, Growing them strong, together, identifies that part of the risk management framework for child protection is to have more effective information sharing arrangements involving the Department of Children and Families, other Government agencies, the non-government organisation sector and, where appropriate, individuals.  

The Report recommended at recommendation 113 that the Care and Protection of Children Act be amended to allow for a simple and workable information sharing framework, and that to the extent that the Information Act is inconsistent with this framework, the latter should not apply. 

This legislation introduces that information sharing framework at Part 5.1A. 

It broadens the powers of investigating officers at section 34 and clarifies the nature of information that an investigating officer can request.  It also amends a provision at section 126 which has been identified by the Chief Magistrate as operating as an obstruction to resolution and stability for some child protection matters.

NOTES ON CLAUSES

1.	Short title
This is a formal clause which provides for citation of the Bill.  The Bill when passed  will be cited as the Care and Protection (Information Sharing) Amendment Act 2012. 

2.	Commencement
This clause provides that the Act commences on Gazettal. 

3.	Act Amended
This Bill proposes amendment to the Care and Protection of Children Act.

4.	Section 5 amended
Clause 4 accounts for the information sharing framework in the Overview of the Act.

5.	Section 13 amended
Clause 5 amends the definition section of the Act to include the following new and amended terms;
·	‘administrative guidelines’ includes a reference to the amendment to allow the CEO to make guidelines under section 293H of the new Part 5.1A of the Act dealing with information sharing. 
·	‘information about a child’  is a new definition at section 293B(1) which clarifies what information can be shared under the information sharing framework in Part 5.1A. 
·	‘information sharing authority’ is a new definition at section 293C which stipulates which legal entities including individuals are authorised to share information under Part 5.1A.

6.	Section 34 amended
This amendment broadens and clarifies the nature of information that an investigating officer can request, and allows investigative officers to make that request of any person who the officer reasonably believes to have the specified information. 

7.	Section 126 amended
This amendment allows the Court to hear child protection applications despite non-compliance with the service requirements stipulated in section 124, provided that it is satisfied with the particular circumstances for that non-compliance. 

8.	Part 5.1A inserted
This clause inserts an information sharing framework to enable the transfer of particular information relating to the safety or wellbeing of a specified child or group of children between information sharing authorities  in circumstances where it is reasonably believed that the information will assist the recipient to make a decision, assessment or plan, start or conduct an investigation or perform a service or function in relation to the child. It removes legal barriers to information sharing, and provides clarity and protections for information sharers who act in good faith. It requires the CEO to make administrative guidelines to assist the smooth operation of this Part.  The guidelines must cover the factors relevant to the formation of a reasonable belief as the need for sharing information and the circumstances when consideration should be given to obtaining specific consent before sharing information. The guidelines may deal with other operational matters.

9.	Act amended
This Bill proposes amendment to the Information Act.

10.	Section 159A inserted
This clause provides clarity between the two information sharing frameworks of the Information Act and the Care and Protection of Children Act and removes legal doubt for information sharing authorities so that they can confidently operate under the latter without apprehension that they may be breaching the former.