Information sharing resources

Video 1 – This video covers:

• The background of the provisions.
• What wellbeing means.
• Who can use the provisions.
• Why we should share information, and
• Whether we can get in trouble for sharing information.

Sharing information at the right time with the right people can make a huge difference to the outcomes for tamariki, rangatahi, and whānau.

The information sharing provisions of the Oranga Tamariki Act help anyone working within the child welfare and protection sector, to request and disclose information, to support the wellbeing and best interests of tamariki and rangatahi.

These provisions came into effect on 1 July 2019 and are now an everyday part of working in the sector with tamariki, rangatahi and whānau.

The provisions explain when and why a child welfare and protection agency or independent person can share information about tamariki and rangatahi.

They enable information to be shared that is relevant to the wellbeing of tamariki and rangatahi, as well as their safety.

They ensure that the first and paramount consideration when considering sharing information, is the wellbeing and best interests of tamariki or rangatahi.

They recognise that tamariki and rangatahi have a right to be consulted about their information being shared.

They also enable Oranga Tamariki and the Police to require information relating to the safety or wellbeing of tamariki and rangatahi from any person or agency.

Wellbeing:

The provisions allow information to be shared within the child welfare and protection sector to promote the wellbeing of tamariki, rangatahi and their family or whānau, hapū and iwi.

Wellbeing is a broad concept and exactly how it looks is different for each tamariki, rangatahi and family or whānau.

The Oranga Tamariki Act (section 5(1)b) refers to the wellbeing of tamariki and rangatahi in relation to:

• strong positive whānau relationships
• spiritual and cultural connections
• having their developmental needs meet and supported, including: education, behaviour, selfcare, life skills
• emotional resilience and support
• social and peer groups that are supportive, caring and positive
• physical and mental wellness
• security:
  • being safe from harm
  • living in a safe community
  • having a warm dry home
  • having enough food.

Who can use the information sharing provisions?

Who can use these provisions is defined in the Act and covers a wide range of agencies and individuals. 

For example, it includes:

government agencies in the social sector including Oranga Tamariki and the Police, schools, health and disability practitioners, and children’s workers.

So – why should we share information?

When we share relevant, accurate and up-to-date information, it means we can work alongside tamariki, rangatahi and family or whānau to:

• better understand their strengths, needs and aspirations
• understand who is best placed to provide support within their family or whānau, hapū, iwi, and community
• understand who else is supporting them
• ensure more targeted assistance, support, resources and practical help is available - as early as possible.

One rangatahi said:

“I want my entire situation to be considered, not just the snippet I have talked about”.

Can I get in trouble for sharing information?

You are protected from any kind of civil, criminal or disciplinary action if you are providing information in good faith:

• about the safety or wellbeing of a tamaiti or rangatahi, and
• for one of the purposes listed in section 66C, and
• to a member of the child welfare and protection sector or independent person as defined in the Act.

In general, the wellbeing and best interests of tamariki and rangatahi take precedence over a duty of confidentiality.

It is not a breach of the Privacy Act to share or disclose information, if sharing is required or allowed by the information sharing provisions of the Oranga Tamariki Act.

However, any information disclosed must be:

• relevant, accurate and up-to-date
• necessary - you should only disclose what you need to achieve the purpose for sharing.

You can continue to disclose information in line with the Privacy Act where the information sharing provisions of the Oranga Tamariki Act do not apply. For example, where you need to share information with someone who is not in the child welfare and protection sector.

By sharing information in line with the provisions we can act together to ensure the wellbeing and safety of tamariki and rangatahi, and provide their family or whānau with the support they need to help their tamariki and rangatahi thrive.

More information and resources can be found on the Oranga Tamariki website under the information sharing page. These include:

• Guidance for sharing information documents. The guidance is available in English and Te Reo.
• Information sharing resources, including scenarios.
• Training resources, including an editable information sharing PowerPoint file.

Remember - if you’re worried about a tamaiti or rangatahi at any time and think you should make a report of concern, you can still contact Oranga Tamariki on 0508 326 459.

A guide to information sharing.

Video 2 – this second video covers:

• Section 66.
• Section 66C and what it allows.
• The requirements to consult with tamariki and rangatahi, and
• Some views of tamariki and rangatahi about sharing their information.

What is section 66 and why is it important?

Section 66 can only be used by the Police and Oranga Tamariki to request information.

It requires any individual or agency to comply with a request for information that may affect the safety or wellbeing of tamariki and rangatahi, if the information is needed to:

• determine whether tamariki or rangatahi are in need of care or protection
• help with a family group conference or care or protection proceedings, or
• undertake further assessment, provide services, or refer tamariki or rangatahi, their family or whānau, or person having care of them, to services.

Information requested under section 66 must be provided if requested, unless the information is legally privileged. 

Section 66C:

Section 66C provides the legal framework for those within the child welfare and protection sector, to request, use and disclose personal information for specific purposes related to the wellbeing or safety of tamariki and rangatahi.

The purposes for requesting, using and disclosing information under section 66C are to:

• prevent or reduce the risk for tamariki or rangatahi of harm, ill-treatment, abuse, neglect or deprivation
• make, contribute to, or monitor any support plan for tamariki and rangatahi that is managed by Oranga Tamariki
• prepare, implement or review any prevention plan or strategy issued by Oranga Tamariki
• arrange, provide or review services facilitated by Oranga Tamariki for tamariki and rangatahi or their family or whānau, or
• carry out functions related to a family group conference, tamariki or rangatahi in care, or anything else related to the care or protection of tamariki and rangatahi.

What does section 66C allow?

Section 66C means that information can be shared between professionals – not that it has to be.

Section 66C allows you to:

• make a decision to proactively disclose relevant information to others in the sector if you believe it is in the best interests of tamariki or rangatahi for any of the purposes outlined in the Act
• ask others to disclose relevant information
• choose how you respond when someone else in the sector makes a request using section 66C.

That means you use your professional judgement to decide whether to disclose relevant information to help achieve one, or more, of the purposes specified in the Act.

You may also choose to disclose information beyond what has been requested if you believe it is relevant and it is for one of the specified purposes. 

Section 66C supports the idea of a network to ensure that those working with tamariki, rangatahi and family or whānau have the relevant, up-to-date and accurate information they need for their mahi.

Oranga Tamariki and the Police are part of the child welfare and protection sector. This means they can use section 66C to request and proactively share information with you. You can also request and proactively share information with them.

Consultation:

It’s important that we actively involve tamariki, rangatahi and family or whānau in the information sharing process.

The information sharing provisions do not require consent from tamariki or rangatahi to share information. However, we must consult them, or their representative wherever practicable and appropriate, if we are considering sharing information under section 66C.

The consultation process should help tamariki or rangatahi to:

• understand:
  • what will be shared and why
  • who it will be shared with and who will see it
  • any possible decisions that might be made with the information or other outcomes and consequences of sharing
• ask questions and have those answered
• tell us what they think about sharing, including if they agree or not
• have their views on any decisions around information sharing considered.

You will need to make a professional judgement to determine what information should be disclosed where tamariki or rangatahi do not wish this to occur.

Consulting:

• respects the mana of tamariki and rangatahi
• upholds the rights of tamariki and rangatahi to have a say about their information
• supports open and transparent practice
• helps build trust and confidence
• respects rangatiratanga (self determination), and
• enables those we work with to express their views.

Tamariki and rangatahi have said:

“… if I tell someone something important it feels like they shouldn’t tell someone else without asking. They should say ‘is it alright if I tell someone?’”

“I want to be in the loop.”

“I’ve been in a place where they’ve shared something totally different to what I have told them, and it got me into trouble.”

“You wanna know who has your information.”

By sharing information in line with the provisions, across the child welfare and protection sector we can act together to ensure the wellbeing and safety of tamariki and rangatahi, and provide their family or whānau with the support they need to help their tamariki and rangatahi thrive.

More information and resources can be found on the Oranga Tamariki website under the information sharing page.

These include:

• Guidance for sharing information documents. The guidance is available in English and Te Reo.
• Information sharing resources, including scenarios.
• Training resources, including an editable information sharing PowerPoint file.

Remember - if you’re worried about a tamaiti or rangatahi at any time and think you should make a report of concern you can still contact Oranga Tamariki on 05 0832 6459.