Commissioner’s Requirements

Access to and Security of Corrections Victoria Data for Research and Evaluation Purposes
Section / 1. Security and Control
CR Number / 1.4.4 / Current Issue Date / November 2016
Legislation & Policy / Corrections Act 1986
Privacy and Data Protection Act 2014
Charter of Human Rights and Responsibilities Act 2006
Standard / Prisoner Administration Services – Information Systems Management
Attachments / Nil
Forms / Nil

1  PURPOSE

To ensure that data held by Corrections Victoria (CV) relating to prisoners, offenders and staff is strictly managed and properly protected from unauthorised use by outside parties.

2  REQUIREMENT

Corrections Victoria is responsible for the security of data maintained in prisoner and offender information systems and treatment files. There are legislated limitations on the disclosure of information about prisoners and offenders.

3  GUIDING PRINCIPLE

3.1  CV information relating to staff, prisoners and offenders is protected under the Privacy and Data Protection Act 2014 (sections 9(1)(c), 16(1) and 16(4), the Corrections Act 1986 (Part 9E) and the Charter of Human Rights and Responsibilities Act 2006 (sections 13 and 22). The Department of Justice & Regulation (DJR) has an obligation to ensure that such information is not released inappropriately.

3.2  Business units within CV who maintain independent databases for the purposes of program participation, monitoring, reporting or evaluation must be aware that such databases also contain information covered by the Privacy and Data Protections Act 2014 and Corrections Act 1986.

4  CONTEXT

Data released without CV knowledge or approval poses a significant risk to CV in terms of legal obligations and the possibility that release of sensitive or complex information without proper context or explanation could lead to misinterpretation.

5  INSTRUCTION

5.1  Protocol

5.1.1  In order to reduce the organisational risk to CV or contracted partners by the unauthorised or inappropriate release of information, data for research and evaluation purposes must not be provided to individuals, agencies or groups outside of CV without the specific authority of the Director, Strategic Policy and Planning, who is also the Chairperson of the Corrections Victoria Research Committee (CVRC). External parties include:

·  DJR staff members or people contracted to provide services to the Department undertaking private study;

·  Contractors commissioned to conduct evaluations of programs; and

·  Organisations or students undertaking research activities involving Corrections staff, prisoners or offenders.

5.1.2  Access to PIMS and E*Justice for the conduct of official duties cannot be extended to include use for external research purposes without the explicit consent of the Director, Strategic Policy and Planning.

5.1.3  When a business unit within the Department of Justice & Regulation is approached by an external agency, contractor or researcher with a request for information concerning prisoners, offenders or staff, the request must be directed in the first instance to the Secretary of the CVRC.

5.1.4  The CVRC will review all applications to ensure they comply with the values and principles of the National Health and Medical Research Council’s (NH MRC) statement on ethical conduct in human research.

5.1.5  The NH MRC National Statement can be found at http://www.nhmrc.gov.au/guidelines-publications/e72. The Australian Code for the Responsible Conduct of Research is also useful: http://www.nhmrc.gov.au/guidelines/publications/r39

5.1.6  The NH MRC website also contains guidance and advice for potential researchers and evaluators for application to the Department of Justice & Regulation Human Research Ethics Committee (JHREC) for approval to conduct research.

5.2  Corrections Victoria Research Committee process outline

5.2.1  All research, both internal and external, which seeks to use CV data or interview prisoners, offenders on community correction orders or parole, or staff must first secure the support of the CVRC. The CVRC will advise on the JHREC's processes.

5.2.2  Information on how to make an application to the JHREC can be found at: http://www.justice.vic.gov.au/utility/data+and+research/making+a+jhrec+application

5.2.3  Researchers must complete the form, and attach all relevant documents, including copies of all proposed interview questions and survey instruments.

5.2.4  Researchers then submit their application to CVRC at the following email address:

5.2.5  If CVRC declines to support the research application, it cannot progress to JHREC.

5.2.6  If CVRC supports the application, it can then progress to JHREC. Researchers are required to sign a Corrections Victoria and Researchers Agreement.

5.2.7  As a general rule, CVRC does not support CV staff or students undertaking work placements with CV in undertaking personal research involving CV, because of the ethical issues arising concerning the nature of the dual-role relationship. However, CVRC will consider these applications on a case-by-case basis.

Jan Shuard PSM Commissioner

Information below this point is administrative supporting detail

only and not subject to Commissioner’s review or approval.

Acronyms
CV / Corrections Victoria
CVRC / Corrections Victoria Research Committee
DJR / Department of Justice & Regulation
JHREC / Justice Human Research Ethics Committee
NH & MRC / National Health and Medical Research Council
PIMS / Prisoner Information Management System
Definitions /
Nil
Associated Commissioner’s Requirements
1.3.4 - Information Management and Security
1.3.5 - Notification Of Privacy Complaints and/or Alleged Privacy Breaches
2.4.3 - Disclosure - Custody and Whereabouts of a Prisoner/Offender
Document Detail
Title: / Access to and Security of Corrections Victoria Data for Research and Evaluation Purposes
Owner: / Manager, Strategic Policy and Planning
Version Control
Version / Date / Description
V4 / Nov-16 / Update
V3 / Oct-15 / Update
V2 / Aug-14 / Update
V1 / Oct-07 / First Issue

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Commissioner’s Requirement - Access to and Security of Corrections Victoria Data for Research and Evaluation Purposes