An Information Holder is a person who is (or has been in the past):
- the Chief Executive;
- the Public Advocate;
- an Official Visitor;
- another person who exercises a function under the Act; or
- a person who has been given information by one of the people listed.
All OCYFS staff are Information Holders.
All information you receive as an Information Holder is protected information.
Some protected information you receive as an Information Holder will be sensitive information. Sensitive information is:
- Care and protection report information;
- Care and protection appraisal information;
- Family group conference information;
- Interstate care and protection information;
- Contravention report information;
- Pre-natal report information; and
- Information prescribed by regulation.
Sensitive information includes anything that would allow someone to work out the information in a. – f. above.
The Act allows the sharing of protected information when it is in the best interests of a child or young person to do so and when you are performing a function under the Act. For example protected information collected in preparing an annual review report or pre-sentence report.
You can share protected information if the person the information is about consents to you sharing their personal information, provided the information not sensitive information. The persons consent does not allow you to share sensitive information unless it is in the best interests of a child or young person to do so.
You must not share any sensitive information that identifies a person who made a child concern report, a care and protection report, a pre-natal report, provided interstate care and protection information, a contravention report or family group conference information. You must not share information that would allow the identity of the reporter to be worked out.
You can share protected information under another law in force in the Territory (including a Commonwealth law) if the information is not sensitive information.
Additional information is available at www.communityservices.act.gov.au/ocyfs/legislation
Penalties are set out in the Act 2008 for inappropriate sharing of protected information (s846).