UnitingCare Wesley’s applicationUnitingCare Wesley’s application

UnitingCare Wesley’s application

On 7 October 2011, UnitingCare Wesley Adelaide (the applicant) made an application under s73 of the Privacy Act 1988 (Cth)[1] (the Privacy Act) for a public interest determination (PID) to be issued under s72 of the Privacy Act.[2] The applicant is an ‘organisation’ for the purposes of s 6C of the Privacy Act.

The application has been sought to enable implementation of the South Australian Information Sharing Guidelines for Promoting the Safety and Wellbeing of Children (SA Government 2008) (the ISG). These guidelines aim to improve early intervention outcomes by providing a consistent and structured framework for service coordination.

The application indicates a concern that, in the absence of a PID, the applicant will be unable to share personal information without consent in accordance with the ISG where children and young people are at risk of significant harm.

The National Privacy Principles (NPP) are contained in schedule 3 of the Privacy Act and apply to organisations. Two NPPs were raised in the application: NPP 2.1 and NPP 10.1.

• NPP 2.1 governs the use and disclosure of personal information and states that an organisation may only use or disclose personal information for the purpose for which it was collected unless a prescribed exception applies.
• NPP 10.1 concerns the collection of ‘sensitive information’. Sensitive information is defined in s 6 of the Privacy Act to include ‘health information’. NPP 10.1 prohibits organisations from collecting sensitive information unless a prescribed exception applies.

In applying for a PID, the applicant submitted that the potential of the ISG to impact on effective early intervention is significant, where effective intervention relies on improved service coordination and collaboration between government agencies and non-government organisations. Service coordination is necessary as the services required to address the complex needs of high risk families rarely fall within the scope of a single provider. A complete understanding of co-existing issues is necessary to respond effectively and reduce the risk of harm to children and young people.

The applicant further submitted that it is not possible to undertake effective early intervention work if organisations are required to wait for a serious risk of harm to be imminent before information can be shared. Early intervention is considered by the applicant to reduce the risk and extent of harm that may be experience by children or young people. Information sharing as part of an effective early intervention response is therefore in the public interest and is likely to reduce social and financial costs.

In addition, the application more broadly highlights the importance of coordination between relevant government agencies and organisations for effective early intervention. I have therefore considered the application on the basis that these issues apply to all organisations that have implemented and comply with the ISG in South Australia.