This procedure describes processes established in the Information Sharing Protocol between the Department of Health and Human Services, the Magistrates’ Court of Victoria and the Children’s Court of Victoria (the Protocol). The procedure should be read in conjunction with the protocol. See below for further information about the protocol.
The Protocol, agreed in May 2019, was established to respond to recommendation 28 of the Royal Commission into Family Violence. Consistent with the intent of the recommendation for improved information sharing between Child Protection and the Courts, the protocol sets out the process for each party to request and receive information for the purpose of assessing risk to a child when:
- an application is made for a new or amended family violence order or a family violence order under the Family Violence Protection Act 2008 in the Magistrates’ Court or Children’s Court;
- an application is made for an order under the Family Law Act 1975 (Cth) in the Magistrates’ Court; or
- The department are investigating or have filed a protection application under the Children, Youth and Families Act 2005.
The department’s Information Sharing Team is responsible for triaging information requests, responding to urgent requests and managing requests relating to closed cases, on behalf of the child protection program. Where the Information Sharing Team receives an information request relating to an open case, the request will be referred to the allocated child protection practitioner and team manager.
Case practitioner tasks
- Read the advice provided by the Information Sharing Team upon referral of an information request from the Magistrates’ Court or the Children’s Court. This will indicate whether the Information Sharing Team has already provided information to the Court in response to an urgent request.
Where the Magistrates' Court or the Children's Court require information within two business hours, the Information Sharing Team will complete the template Response to information sharing request: Part A and attach this form to the child's CRIS record. If the Court requests more detailed information, the Information Sharing Team will refer the Part B request to the allocated child protection practitioner and team manager.
- Complete the template within the time-frame indicated by the Information Sharing Team (usually five business days).
- Refer to the Information Sharing Team’s SharePoint site for advice, guidance and resources relating to responding to information sharing requests from the Magistrates’ Court and Children’s Court.
- The Information Sharing Team’s Sharepoint site can be accessed here. IST SharePoint site. It includes case studies, decision trees, frequently asked questions, and other resources related to information sharing.
- Do not share information that:
- may identify a reporter
- may identify a person who has given information in confidence to a protective intervener over the course of an investigation
- may reveal an undisclosed address.
- Review your proposed response to:
- clarify all information requested by the Court has been provided;
- all areas of the template, that are applicable to the child’s circumstances and relevant to the information request, have been completed; and
- that reporter details or undisclosed addresses have not been included.
- Seek your team manager’s endorsement to provide the information to the Information Sharing Team.
- Email the completed template and any additional information to the Information Sharing Team.
- Record the information request and material send to the Information Sharing Team on the child’s CRIS file as a case note with the subject heading ‘Magistrates’ Court/Children’s Court information sharing request.” Refer here for guidance on appropriate record keeping.
Child Protection can request, and the Children’s Court and the Magistrates’ Court are able to share information with Child Protection, for a family violence protection or assessment purpose under FVISS, or a child wellbeing or safety purpose under CISS. Refer to Family Violence Information Sharing Scheme and Child Protection and the Child Information Sharing Scheme and Child Protection for further information.
Case practitioner tasks
- Complete the template Information Sharing request from Child Protection to Magistrates’ Court/Children’s Court Victoria.
- Email the completed template in a secure format directly to the Courts at informationsharing@courts.vic.gov.au. See Sending Emails Securely for further information.
- Attach the information request to the child’s CRIS file as a case note with the subject heading ‘Request for information to the Magistrates’ Court/Children’s Court.’
The Court will consider the legislative basis for the information sharing request prior to completing the response and will endeavour to provide the information within the time-frame noted on the request.
Supervisor tasks
- Provide guidance and support as required.
Team manager / practice leader tasks
- Confirm responses to requests for information made by the Courts are of sufficient detail and quality.
- Endorse information to be sent to the Information Sharing Team.
- Provide guidance and support as required.
- Family Violence Information Sharing Scheme and Child Protection
- Information Sharing Protocol between DHHS and the Magistrates' and Children's Court of Victoria
- Information sharing between DHHS and the Magistrates’ Court and the Children’s Court - information sheet- Forms and secure documents
- Information Sharing request from child protection to Magistrates’ Court/Children’s Court Victoria - Forms and secure documents
- Response to information sharing request from Magistrates’ Court/Children’s Court Victoria - Forms and secure documents
- Child Information Sharing Scheme and Child Protection
- Sending emails securely - tool
- The Information Sharing Team SharePoint site
- WoVG Information Sharing Schemes website