Privacy Act 1988 Part VI - Public Interest Determination No. 13

Disclosure and collection of personal information to improve outcomes for children and young people at risk of serious harm

Under s 72(2) of the Privacy Act 1988 (the Privacy Act), I, Timothy Pilgrim, Privacy Commissioner, determine that I am satisfied of the following:

(1) UnitingCare Wesley Adelaide Inc. (the applicant) is an ‘organisation’ for the purposes of s 6C of the Privacy Act. The applicant has applied under s 73 of the Privacy Act for a Public Interest Determination in relation to the acts and practices set out in (2) and (3) below.
(2) The disclosure of personal information about an individual breaches or may breach National Privacy Principle 2.1, in circumstances where:

a) the applicant has not sought consent to the disclosure of personal information as the applicant holds a reasonable belief that to do so would place a child, young person or adult at increased risk of harm, and

b) the applicant has a reasonable belief that the disclosure is necessary to lessen or prevent a serious but not imminent threat to the life, health or safety of a child or young person up to the age of 18 years, and

c) the disclosure of personal information is in accordance with the Information Sharing Guidelines for promoting the safety and wellbeing of children, young people and their families (Government of South Australia 2008) (the ISG).

(3) The collection of personal information about an individual breaches or may breach National Privacy Principle 10.1, in circumstances where:

a) sensitive personal information is disclosed to the applicant in accordance with the ISG, and
b) the applicant does not obtain consent for the collection of personal information.

(4) The public interest in the applicant doing the acts, or engaging in the practices, set out in (2) and (3) above substantially outweighs the public interest in adhering to National Privacy Principle 2.1 or National Privacy Principle 10.1.

Accordingly, subject to paragraph (5), by operation of s 72(3) of the Privacy Act the applicant is taken not to contravene s 16A of the Privacy Act if the applicant engages in the acts and practices set out in paragraphs (2) and (3) above, during the period from 16 February 2012 to 15 February 2017 inclusive.

(5) The application of this determination is conditional upon the implementation of and compliance with the ISG, including the completion of an organisation specific appendix outlining the applicant’s protocols for sharing information in accordance with the requirements of the ISG.

My reasons for making this determination are attached.

Timothy Pilgrim
Privacy Commissioner

7 February 2012