41UPrinciples

41U Principles

(1) The principles set out in this section should be used for guidance in relation to the collection, use or disclosure of confidential information that is authorised or required to be collected, used or disclosed under this Part.

(2) Information sharing entities and restricted information sharing entities should—

(a) give precedence to the wellbeing and safety of a child or group of children over the right to privacy; and

(b) only share confidential information to the extent necessary to promote the wellbeing or safety of a child or group of children, consistent with the best interests of that child or those children; and

(c) work collaboratively in a manner that respects the functions and expertise of each information sharing entity and restricted information sharing entity; and

(d) seek and take into account the views of a child and the child's relevant family members, if it is appropriate, safe and reasonable to do so; and

(e) seek to preserve and promote positive relationships between a child and the child's family members and persons of significance to the child; and

(f) be respectful of and have regard to a child's social, individual and cultural identity, the child's strengths and abilities and any vulnerability relevant to the child's safety or wellbeing; and

(g) take all reasonable steps to plan for the safety of all family members who are believed to be at risk from family violence; and

(h) promote the cultural safety and recognise the cultural rights and familial and community connections of children who are Aboriginal, Torres Strait Islander or both; and

(i) seek to maintain constructive and respectful engagement with children and their families.

(3) The Parliament does not intend these principles—

(a) to create in any person any legal right or give rise to any civil cause of action; or

(b) to affect in any way the interpretation of any Act or law in force in Victoria.

Division 2—Information sharing

S. 41V inserted by No. 11/2018 s. 8.