This is a Direction under s. 62(1) of the HRIP Act.
Interpretation
In this Direction:
“Case Coordination Framework” means the procedure for referral and management of complex cases and crisis cases described in this Direction;
“CCA Criteria” means Case Coordination Assessment Criteria, by which a Contact Agency assesses a case for referral to the RWCCSOG for management under the Case Coordination Framework;
“child” means a person under the age of 16 years;
“Contact Agency” means the individual RWP Participating Agency which first considers a case for referral to the RWCCSOG for management under the Case Coordination Framework;
“HPP” means Health Privacy Principle, as set out in Sch 1 of the HRIP Act;
“HRIP Act” means the Health Records and Information Privacy Act 2002;
“NGO” means a funded non-Government organisation, which provides services to communities covered by the RWP Project.
“RWCCSOG” means the Redfern Waterloo Case Coordination Senior Officer’s Group, which is comprised of representatives from the RWP Participating Agencies;
“RWP Participating Agencies” means the public sector agencies participating in the RWP Project, as listed in the Schedule to this Direction;
“RWP Project” means the Redfern Waterloo Partnership Project;
“young person” means a person who is aged 16 years or over but who is under the age of 25 years.
Background
The RWP Project is an initiative of the RWP Participating Agencies, in partnership with a number of NGOs. The RWP Project is intended to improve case coordination across the RWP Participating Agencies and NGOs regarding the management of complex cases and crisis cases involving children, young people and families in the Redfern Waterloo area. This is to be achieved by the implementation of a Case Coordination Framework governing the management of such cases and the exchange of personal information (including health information) between, and use of personal information (including health information) by, the RWP Participating Agencies and the NGOs. The RWP Project is overseen by the RWCCSOG.
Operation of the Case Coordination Framework
The steps in the referral and management of complex cases and crisis cases within the Case Coordination Framework are:
(1) If a Contact Agency becomes aware that a child or young person may meet the following CCA Criteria:
(a) The child/young person temporarily or permanently resides in Redfern, Darlington or Waterloo;
(b) The child/young person is a high level risk to themselves and/or others;
(c) Multiple agency collaboration is necessary due to the complexity of the case; and
(d) Agency intervention has failed to reduce the risks so far;
the Contact Agency will make an assessment as to whether it is appropriate, based on an application of the CCA Criteria, to refer the case to RWCCSOG for assessment and possible management under the Case Coordination Framework.
(2) If the Contact Agency concludes on the basis of its assessment of the case against the CCA Criteria that the case should not be referred to the RWCCSOG, the agency will proceed to deal with the case in accordance with the agency’s usual procedures;
(3) If the Contact Agency concludes on the basis of its assessment of the case against the CCA Criteria that the case should be referred to the RWCCSOG, the agency must determine whether it is in the best interests of the child/young person and/or the public interest to obtain the consent of the child/young person (or, where appropriate, a parent or guardian). In particular, if there are reasonable grounds to believe that seeking consent could unreasonably prevent or delay necessary services being provided with the result that the child/young person or third parties might suffer harm, the Contact Agency will not seek consent. The consent in question will be consent to refer the case to the RWCCSOG and for personal information, including health information, about the child/young person to be collected, used and disclosed by the RWP Participating Agencies and the NGOs for the purpose of assessing and managing the case under the Case Coordination Framework;
(4) If the Contact Agency determines that it is not in the best interests of the child/young person and/or the public interest to obtain such consent, or if consent has been sought but refused, the agency will rely upon the exemptions operating under this Direction to refer the case to RWCCSOG. If consent is obtained, the Contact Agency will refer the case to RWCCSOG in accordance with that consent;
(5) On referral, the RWCCSOG will assess whether management of the case under the Case Coordination Framework is appropriate. If the RWCCSOG determines that such case management is not appropriate, no further exchange of personal information, including health information, between the RWP Participating Agencies will take place pursuant to the Case Coordination Framework. If the RWCCSOG determines that case management under the Case Coordination Framework is appropriate, it will identify which RWP Participating Agencies should be responsible for planning and implementing the management of the case. The RWCCSOG will also appoint a lead agency from among those agencies;
(6) If a case has been referred to the RWCCSOG without the consent of the child/young person (or, where appropriate, a parent or guardian), the RWCCSOG will make a determination as to whether it is in the best interests of the child/young person and/or the public interest to obtain such consent. In particular, if there are reasonable grounds to believe that seeking consent could unreasonably prevent or delay necessary services being provided with the result that the child/young person or third parties might suffer harm, the RWCCSOG will not seek consent. The consent in question will be consent to personal information, including health information, being collected, used and disclosed by the RWP Participating Agencies and the NGOs for the purpose of assessing and managing the case under the Case Management Framework;
(7) If the RWCCSOG does determine that case management under the Case Coordination Framework is appropriate but determines that it is not in the best interests of the child/young person and/or the public interest to obtain consent, or if consent has been sought but refused, (either wholly or partially) the RWP Participating Agencies will proceed to collect, use and disclose personal information, including health information, relating to the case, pursuant to the exemptions operating under this Direction. If consent is obtained, the RWP Participating Agencies will act in accordance with that consent;
(8) In the course of assessing and managing a case under the Case Coordination Framework, the RWP Participating Agencies may collect personal information, including health information, from, and disclose such information to, NGOs. NGOs may collect, use and disclose personal information, including health information, in the course of assessing and managing a case under the Case Coordination Framework;
(9) In exceptional circumstances that involve an ongoing risk of harm to children, young people or the community, such as the occurrence of a riot in the Redfern, Waterloo or Darlington areas, RWCCSOG will assess whether management of particular cases involving children or young persons under the Case Coordination Framework is appropriate, without referral from a Contact Agency in the manner described at step (1) and without taking the steps outlined above relating to seeking consent. If the RWCCSOG does determine that management of such a case is appropriate, the RWP Participating Agencies and NGOs may exchange personal information, including health information, about the case and may use such information for the purpose of assessing and managing the case. If necessary, the chair of RWCCSOG or the Director, Strategic Response, Premier’s Department may make assessments and determinations on behalf of the RWCCSOG if the urgent calling of the RWCCSOG meeting is not possible in the short term. If the chair of RWCCSOG or the Director, Strategic Response, Premier’s Department makes urgent assessments and determinations of this kind, the chair or the Director Strategic Response, Premier’s Department is to inform the RWCCSOG of the details at its next meeting.
Public interest
This Direction has been made to allow the RWP Participating Agencies and NGOs to collect, use and disclose health information for the purpose of implementing the objectives of the RWP Project. I am satisfied that the public interest in making this Direction to enable the implementation of the RWP Project is greater than the public interest in requiring the agencies to comply with the HPPs as referred to in the provision below. A corresponding direction applies to the RWP Project in respect of the Privacy and Personal Information Protection Act 1998.
Coverage
This Direction covers the NGOs and each public sector agency which is a RWP Project Participating Agency, as listed in the Schedule to this Direction.
Provisions
1. NGOs and RWP Participating Agencies, in collecting, using and disclosing health information in accordance with the RWP Project Case Coordination Framework, as described in this Direction, need not comply with:
(a) HPP 1(1), but only to the extent that RWP Participating Agencies may collect health information for a lawful purpose that is not directly related to a function or activity of the agency; or
(b) HPP 3, HPP 4, HPP 10 or HPP 11.
2. Paragraph 1 is subject to the condition that the collection, use and disclosure of health information by Participating Agencies is reasonably relevant and reasonably necessary for the purpose of meeting the objects of the RWP Project.
3. The provisions of paragraphs 1 and 2 of this Direction are not intended to override and do not override any other legal requirement dealing with the collection, use or disclosure of information by a participating agency.
Note: For example, this Direction does not override secrecy of confidentiality provisions in another Act
Duration
This Direction has effect for twelve months from the date of this direction or until the completion of the project, whichever occurs later.
Signed by me on this 26th day of May 2005.
John Dickie
Acting Privacy Commissioner
Schedule – Public sector agencies covered by this direction
(RWP Project Participating Agencies)
- NSW Police
- Department of Community Services
- Department of Health
- Department of Housing
- Department of Aboriginal Affairs
- Department of Education and Training
- Department of Ageing, Disability and Home Care
- Department of Corrective Services
- Department of Juvenile Justice
- Premier’s Department
- Sydney South West Area Health Service
- Redfern-Waterloo Authority
