Listen to this policy:
Policy
Sharing information
Sharing information is a key part of a practitioner’s role when working with tamariki and rangatahi and their whānau or family to ensure we're keeping tamariki and rangatahi safe. We respect the mana and dignity of the people the information is about.Practice framework prompts for this policy
Our practice framework helps us make sense of and organise our practice so it is framed in te Tiriti o Waitangi (the Treaty of Waitangi), and draws from te ao Māori principles of oranga, within the context of our role in statutory child protection and youth justice in Aotearoa New Zealand.
Ngākau whakairo
How do the rights and views of tamariki and rangatahi and their whānau or family influence the decisions we make about disclosing their information? How am I determining whether it is practical or appropriate to consult before disclosing information?
Ngākau whakairo practice framework domain
Whai mātauranga
How will I determine who holds the most relevant, up-to-date information regarding the current situation for te tamaiti or rangatahi and whānau or family?
Whai mātauranga practice framework domain
Whai oranga
How will we work together to determine the relevant information is requested and disclosed to support oranga for tamariki, rangatahi and their whānau or family?
Whai oranga practice framework domain
Whai pūkenga
How can my request for information be specific and the purpose clear so that the person receiving the request can consider what relevant information they hold?
Whai pūkenga practice framework domain
Whai ākona
How would I feel about organisations or services sharing information about me and my whānau or family? If my information was being shared, how would I like to be involved? How does this inform my own practices in relation to information sharing?
When this policy applies
This policy applies when considering:
- requesting information relating to the oranga (wellbeing, safety and best interests) of a tamaiti or rangatahi
- disclosing information under the Oranga Tamariki Act 1989
- disclosing information under the Family Violence Act 2018
- disclosing information under the Privacy Act 2020.
This policy advises practice considerations when sharing information under other Acts not specifically mentioned in this policy.
This policy doesn’t provide details about sharing information under other Acts that allow information to be shared.
We consult with our supervisor, manager and legal team as appropriate if we:
- need information that can't be requested under the provisions of the Oranga Tamariki Act 1989
- receive a request to disclose information under another Act.
When this policy doesn't apply
This policy does not apply to requests for information that we receive under the Official Information Act 1982 or when an individual requests their own information under the Privacy Act 2020 — Privacy and Official Information (POI) requests.
Things to consider when sharing information
Information sharing can occur at any stage of our involvement with te tamaiti or rangatahi and their whānau or family. When gathering or disclosing information, we must:
- keep the oranga (wellbeing, safety and best interests) of tamariki or rangatahi and their whānau or family at the centre of what we do
- ensure the voice of te tamaiti or rangatahi is included — their aspirations, strengths and needs, and views
- collect information directly from the person concerned where practicable and appropriate
- share information in line with the provisions of the Act we are sharing under
- only share relevant information and the minimum necessary to achieve the purpose
- ensure information is disclosed free from bias and includes careful analysis
- share information with the knowledge of the people concerned wherever it is appropriate and practicable to do so
- consider whether the person concerned knows about the information we hold about them and how this might affect our consultation with them
- share in good faith and in line with our delegated authority
- share in a timely manner
- record information sharing activities clearly.
Wherever possible, we will use the provisions of the Oranga Tamariki Act 1989 to share information.
Consult with your supervisor, manager and legal team as appropriate if you are unsure.
Sharing information in good faith | orangatamariki.govt.nz (PDF 76 KB)
We can always share information if we are worried about serious harm
If we believe that disclosing information about an individual (including adults) would help prevent serious harm or a serious threat, then information can be disclosed.
We can always share information when we are worried about serious harm for any individual (including adults) and believe sharing that information will avert it. The Privacy Act 2020 allows this under information privacy principle 11 exception (f).
When considering whether risk of serious harm exists:
- we use our professional judgement to assess whether someone is at risk of serious harm
- consider the potential consequences, the likelihood of harm, and if it is about to happen.
When we request information from others
Sections 66 and section 66C of the Oranga Tamariki Act 1989 enable us to request information that relates to a tamaiti or rangatahi in order to promote the oranga (wellbeing) of te tamaiti or rangatahi, and their family, whānau, hapū, iwi, and family group in order to fulfil the purposes of the Oranga Tamariki Act 1989 which includes:
- supporting and protecting tamariki and rangatahi to:
- prevent them from suffering harm (including harm to their development or wellbeing), abuse, neglect, ill treatment or deprivation
- prevent or respond to offending or reoffending
- assisting families, whānau, hapū, iwi and family groups to:
- prevent tamariki and rangatahi from suffering harm, abuse, neglect, ill treatment or deprivation, or responding to these
- prevent tamariki and rangatahi from offending or reoffending, or responding to this
- assisting families, whānau, hapū, iwi and family groups, at the earliest opportunity, to fulfil their responsibility to meet the needs of their tamariki and rangatahi (including their development needs, and the need for a safe, stable and loving home)
- ensuring that tamariki and rangatahi in care have safe, stable and loving homes and get support to address their needs
- providing a practical commitment to the principles of te Tiriti o Waitangi (the Treaty of Waitangi)
- recognising mana tamaiti, whakapapa and the practice of whanaungatanga for tamariki and rangatahi
- maintaining and strengthening the relationship between tamariki and rangatahi and their families, whānau, hapū, iwi and family groups and siblings
- responding to alleged offending and offending by tamariki and rangatahi in a way that:
- promotes their rights and best interests and acknowledges their needs
- prevents or reduces offending or future offending
- recognises the rights and interests of victims
- supports tamariki and rangatahi to accept responsibility for and address their behaviour.
Section 66 of the Oranga Tamariki Act 1989 requiring agencies to supply information
Section 66 of the Oranga Tamariki Act 1989 enables Oranga Tamariki and Police to require information from agencies — including individuals — that may relate to or affect the oranga (wellbeing and safety) of te tamaiti or rangatahi if the information is needed to:
- determine whether te tamaiti or rangatahi is in need of care or protection
- help with a family group conference
- assist with identifying services provided by other agencies or in the community to support te tamaiti or rangatahi, their whānau or family, or another person having the care of te tamaiti or rangatahi, or
- help with care or protection proceedings.
Information sought under section 66 must be provided by the agency unless it is legally privileged.
The term 'agencies' is defined in the Privacy Act 2020:
Definition of 'agency' as listed in section 7(1) of the Privacy Act 2020
Information collected under section 66 can be disclosed to another child welfare and protection agency or independent persons subject to the restrictions under section 66 of the Oranga Tamariki Act.
Information obtained under section 66 cannot be:
- used for youth justice proceedings
- admitted as evidence in any proceedings other than proceedings under the care and protection provisions of the Act
- used for investigating any offence.
Process for disclosing information using sections 66A and 66C (PDF 120 KB)
Process for requesting information using sections 66 and 66C (PDF 160 KB)
Section 66C of the Oranga Tamariki Act 1989 requesting child welfare and protection agencies or independent people to provide information
Section 66C of the Oranga Tamariki Act 1989 enables us to request information relating to the oranga (wellbeing, safety and best interests) of tamariki and rangatahi from child welfare and protection agencies or independent persons.
These provisions may be used when addressing oranga issues relating to tamariki and rangatahi involved with youth justice proceedings.
The child welfare and protection agency or independent person does not have to provide the information we request under section 66C. They can decide what information they disclose.
Information can only be requested under section 66C if it helps to:
- prevent or reduce the risk of harm, ill-treatment, abuse, neglect or deprivation of te tamaiti or rangatahi
- make, or contribute to, an assessment of the risks or needs of te tamaiti or rangatahi
- make, contribute to, or monitor any support plan for a tamaiti or rangatahi that is managed by Oranga Tamariki
- prepare, implement or review any prevention plan or strategy made by Oranga Tamariki
- arrange, provide or review services facilitated by Oranga Tamariki for a tamaiti or rangatahi or their whānau or family
- carry out any function in relation to a family group conference for a tamaiti or rangatahi in care or anything else related to the care or protection of a tamaiti or rangatahi.
Information that we receive under section 66C may also be shared with another child welfare and protection agency or independent person for one of the purposes set out above as long as you follow the disclosure requirement set out below.
Process for disclosing information using sections 66A and 66C (PDF 120 KB)
Process for requesting information using sections 66 and 66C (PDF 160 KB)
Deciding when to use section 66 or section 66C
Before deciding whether to use section 66 or section 66C of the Oranga Tamariki Act, we must consider:
- the impact on current or future working relationships between the professional and te tamaiti or rangatahi and their whānau or family
- discussing our request with the professional to agree the best approach
- how the information will be used and the restrictions on disclosure of information obtained under section 66 — refer Restrictions on disclosure of information obtained under section 66 of the Oranga Tamariki Act 1989
- the obligation placed on the discloser to consult with te tamaiti or rangatahi before information about them is shared under section 66C.
Information to provide when making a request
When requesting information, we must state:
- the name and sufficient information about te tamaiti or rangatahi (or other individual) who is the subject of the request to ensure accurate identification of the person concerned
- the legislative provision we are requesting the information under
- the specific information we require
- what our involvement with te tamaiti or rangatahi is and why we are requesting this information today
- how the request for information relates to the oranga (wellbeing, safety or best interests) of te tamaiti or rangatahi
- whether te tamaiti, rangatahi or person concerned is aware of the request being made
- whether there are safety risks associated with consultation with the person concerned about what information will be shared
- contact details for te tamaiti or rangatahi or their representative if a request is being made for information about te tamaiti or rangatahi under section 66C and the information sharing relates to information about te tamaiti or rangatahi
- when the information is needed
- our contact details.
When we disclose information to others
We may disclose information as a result of a request for information or because we believe that proactive sharing would be in the best interests of te tamaiti or rangatahi.
Some information must not be disclosed regardless of which legislation the information is requested under:
- whakapapa should not be shared — this should be obtained directly from the whānau if they consent
- information that is covered by legal professional privilege
- documents that are the property of the court, including Family Court and Youth Court — if you are uncertain about these, please talk to Legal Services
- youth justice and family group conference proceedings
- information that relates to youth justice proceedings that resulted in a discharge of the charge under section 282 of the Oranga Tamariki Act 1989.
There are a number of Acts that may be used to allow us to disclose information held by Oranga Tamariki. We are most likely to use the:
- Oranga Tamariki Act 1989
- Family Violence Act 2018
- Privacy Act 2020.
If a request is received under a piece of legislation that isn’t covered by this guidance, consult with your manager, supervisor and legal team, as appropriate.
When considering disclosing information, consider whether the person the information relates to knows about the information held by Oranga Tamariki. There may be times that we hold information that people are not aware of – for example, if they were very young at the time of our involvement.
Oranga Tamariki Act 1989
Sections 66A and section 66C of the Oranga Tamariki Act enable us to disclose information to a child welfare and protection agency or independent person for one of the following purposes:
- Prevent or reduce the risk of harm, ill-treatment, abuse, neglect or deprivation for te tamaiti or rangatahi.
- Make, or contribute to, an assessment of the risks or needs of te tamaiti or rangatahi.
- Make, contribute to, or monitor any support plan for te tamaiti or rangatahi that is managed by Oranga Tamariki.
- Prepare, implement or review any prevention plan or strategy made by Oranga Tamariki.
- Arrange, provide or review services facilitated by Oranga Tamariki for te tamaiti or rangatahi or their whānau or family.
- Carry out any function in relation to a family group conference for a tamaiti in care or anything else related to the care or protection of tamariki or rangatahi.
We must:
- only share information relevant to the oranga (wellbeing, safety or best interests) of te tamaiti or rangatahi
- carefully consider the relevance of sensitive information
- consider all requests to disclose information to another child welfare and protection agency or independent person and share whenever we believe that disclosure will assist them to carry out any of the above purposes and that the sharing of information is in the best interests of te tamaiti or rangatahi
- agree a timeframe for a response
- consult with te tamaiti or rangatahi, or their representative, about releasing their information unless it is not appropriate or practicable to do so
- consider restrictions on sharing information that we have required under section 66B of the Oranga Tamariki Act 1989.
Requests can be made and responded to in writing or verbally.
Process for disclosing information using sections 66A and 66C (PDF 120 KB)
Process for requesting information using sections 66 and 66C (PDF 160 KB)
Restrictions on disclosure of information obtained under section 66B of the Oranga Tamariki Act
Information that Oranga Tamariki has obtained as a result of a section 66 request must not be disclosed where sharing would breach a professional duty of confidence of the person who gave us the information unless the person to whom the information relates to has consented.
We must consider:
- advising the requestor that information has been withheld on these grounds
- directing the requestor to the original information provider.
Section 66B prevents us from disclosing information obtained under section 66 to another child welfare and protection agency or independent person if:
- were it not for section 66, disclosure of the information to the Police or Oranga Tamariki would have breached the duty of confidence of the person who disclosed the information under the rules of their profession, and
- having made reasonable inquiries, Police or Oranga Tamariki are aware it would have otherwise breached a duty of confidence, and
- the person to whom the information relates (or their representative) has not consented to the disclosure.
Oranga Tamariki Act 1989 and the Privacy Act 2020
Section 66 also describes how the provisions of section 66 work alongside the Privacy Act 2020. We must:
- only collect information for a lawful purpose
- only collect information that is necessary to fulfil a lawful purpose
- only collect information by lawful means
- keep information safe and secure and protect it from misuse
- provide people with the chance to access their information
- provide people with the chance to ask for their information to be corrected if they think it is wrong
- take reasonable steps to ensure information is accurate, up to date and as complete as possible
- only keep information for as long as required, and
- not use a reference number to identify an individual unless it is necessary to improve the services that we provide.
Wherever there are inconsistencies between sections 66 to 66P of the Oranga Tamariki Act and the Privacy Act, sections 66 to 66P of the Oranga Tamariki Act prevail.
Staff resource: Operational Support request for CYRAS correction — template (DOCX 1.3 MB)
Staff resource: Operational Support process for CYRAS correction (PDF 83 KB)
Family Violence Act 2018
We must consider sharing information with a family violence agency or social service practitioner when we receive a request for information under the Family Violence Act 2018.
Before sharing, we must believe that the information will help the family violence agency or social service practitioner to:
- ensure that a victim is protected from family violence
- make or contribute to a family violence risk or needs assessment
- make or contribute to making or carrying out a decision or plan related to family violence.
Privacy Act 2020
We can still rely on the Privacy Act to share information if the Oranga Tamariki Act 1989 or the Family Violence Act 2018 does not cover the disclosure we wish to make – for example, when working with young adults. Use these provisions in consultation with your manager, supervisor and legal advisor.
We may also receive a request for information to be disclosed under the Privacy Act. These requests should be managed in consultation with your manager, supervisor and legal advisor.
Staff resource: Information privacy principles
Transition to adulthood — Preparation, assessment and planning
Responding to a request to disclose information
When responding to a request to disclose information we must:
- identify which legislation the request is being made under
- confirm the identity of the requestor
- identify if the requestor has the ability to make a request under that legislation
- consider all information
- identify whether we have any relevant information about te tamaiti, rangatahi or other person concerned
- ensure that the information we are considering disclosing is in alignment with the legislative purposes for releasing the information
- use our professional judgement to decide what information should be shared
- respond to requests with urgency
- ensure the information given is accurate and free from bias
- identify if there are other possible sources of information
- consult with te tamaiti, rangatahi or person the information relates to if practicable or appropriate
- consider whether the person concerned knows about the information we hold about them and how this might affect our consultation with them.
Proactive disclosure of information
We can share information without receiving a request for information if we believe disclosure would benefit the oranga (wellbeing) and interests of a tamaiti or rangatahi.
If we hold information that might be relevant to others to support the oranga (wellbeing or safety) of tamariki and rangatahi, we must:
- identify which legislation we will make the disclosure under
- confirm that the agency or person we want disclose to is covered by the legislation
- identify the relevant information about te tamaiti, rangatahi or other person concerned
- ensure that the information we are considering disclosing aligns with the legislative purposes for releasing the information
- use our professional judgement to decide what information should be disclosed
- ensure the information given is accurate and free from bias
- consult with te tamaiti, rangatahi or person the information relates to if practicable or appropriate
- consider whether the person concerned knows about the information we hold about them and how this might affect our consultation with them.
Consultation with tamariki, rangatahi and others
We must consult with te tamaiti or rangatahi if we are considering disclosing information relating to them, unless it is not practical or appropriate to do so.
We must also consider consulting with anyone whose information we wish to disclose wherever practicable and appropriate.
Consulting with tamariki or rangatahi before disclosing information is a legal requirement of section 66C. Consulting with any individual before disclosing their information is best practice for all information sharing.
We must consider whether the person we are considering disclosing information about knows what information we hold about them. We must plan our consultation to ensure that this information is shared with them sensitively.
When consulting with te tamaiti, rangatahi or others, we must:
- inform te tamaiti or rangatahi and/or their representative, or the person to whom the information relates about the proposed disclosure
- tell them why we want to share the information
- tell them who is likely to receive this information and how it will be used
- provide necessary assistance to help them to:
- understand what information will be shared and what may happen if the information is shared, and
- express their views about the disclosure
- take into account any views expressed before deciding whether to disclose the information
- inform them of our decision on what to share.
Recording information sharing
We must record in CYRAS and CGIS all information sharing activities relating to a tamaiti or rangatahi, and their whānau or family.
The recording must include:
- the legislative provisions we have requested, received or disclosed information under
- the rationale for seeking or disclosing information
- what information has been disclosed
- the views of te tamaiti, rangatahi or person to whom the information relates where practicable or appropriate and our consideration of their views
- any information we have declined to disclose and the reasons why.
Only record relevant information.
Recording information shared under the Oranga Tamariki Act 1989
Information received following a section 66 request must be recorded under the appropriate casenote titles:
- s66 Information Received
- s66C Information Received
All requests for information to be disclosed must be recorded in CYRAS. Information disclosed under section 66 must be recorded under the appropriate casenote titles:
- Section 66A Disclosure of Oranga Tamariki Information
- Section 66C Proactive Sharing of Information
- Section 66C Request for Oranga Tamariki Information – Received
- Section 66C Request for Oranga Tamariki Information – Completed
- Section 66C Request for Oranga Tamariki Information – Declined
- Section 66C Consult with te Tamaiti or Person Concerned
The national contact centre records section 66C information sharing as a contact record. The outcome selected for this work will be 'Information sharing'.