The information sharing protocol was not finalised prior to 30 June 2018 due to changing legislative arrangements that impacted the ability to settle final arrangements for the sharing of information.
The department and Courts have continued to work through and resolve issues which include:
- Clarity regarding the use of the Family Violence Protection Act 2008 (FVPA) as an authority for Court to request information from the department. It has been proposed that section 65 of the FVPA provides the legislative basis for the Courts to make requests under the protocol and this is currently being considered by the department
- Consequential amendments made to the Children, Youth and Families Act 2005 (CYFA) on 27 September 2018 included the repeal of complicated and restrictive information sharing provisions. It is agreed this resulted in simpler authorisations for the sharing of information obtained in the course of child protection involvement with the courts
The protocol sets out the agreement for the procedures for sharing information, management of information in the Court to maintain the safety of victims while respecting judicial procedures, requirements for child protection practitioners to attend and give evidence to the court and dispute resolution processes. The protocol commenced operation on June 2019.