Office of the Australian Information Commissioner

22 November 2011

Mr Timothy Pilgrim

Australian Privacy Commissioner

Office of the Australian Information Commissioner

GPO Box 5218

SYDNEY NSW 2001

Via Email to:

Dear Commissioner Pilgrim

Re:Consideration of application for a Public Interest Determination –

UnitingCare Wesley Adelaide (Information Sharing Guidelines for Promoting the Safety and Wellbeing of Children, Young People and their Families, ISG)

Anglicare SA welcomes the opportunity to make a submission to the Australian Privacy Commissioner on the above Public Interest Determination application.

Anglicare SA supports the application by UnitingCare Wesley Adelaide and draft determinations by the Australian Privacy Commissioner for exemption from complying with NPP 2.1, pertaining to the use and disclosure of personal information, and NPP 10.1, concerning the collection of sensitive information, thereby enabling UCWA (and other organisations, including Anglicare SA) to fully implement ISG.

Anglicare SA provides an extensive range of social welfare programs that support children, young people, families, older people, and other vulnerable individuals and groups with the aim to make a positive difference to their quality of life.

Anglicare SA is committed to promoting the safety and well-being of children. By enabling the sharing of information, ISG supports Anglicare SA's work in indentifying and responding to at risk children and their families, reducing the risk of harm to children and their possible entry into the state's child protection system. As an early intervention strategy, it facilitates and fosters collaboration between agencies and delivery of services aimed at improving the capacity of families to care for their children and provide a safe and supportive environment. Risk factors for abuse and neglect are reduced, leading to improved outcomes for all.

The ISG promotes privacy and client consent while at the same time facilitates inter-agency information sharing in an appropriate manner within a client centred approach. It enables information sharing when harm is anticipated rather than necessarily imminent, resulting in action at an early enough stage to avoid circumstances deteriorating to a situation where the safety of a child or young person is threatened.

Anglicare SA has very recently implemented the ISG after having developed the required organisational Appendix, which provides the necessary robust and systematic framework that governs appropriate information sharing. There is a strong focus on protecting the rights of clients to privacy of personal information whilst ensuring that systematic processes exist to support Anglicare SA in meeting its ethical and legal obligations to child protection. Emphasis has been placed on ensuring clients are fully informed about the concept of limited confidentiality and consent, and the potential circumstances in which personal information might be shared.

Anglicare SA and other non-government organisations have a South Australian (SA) Government contractual requirement to implement ISG, and providing UnitingCare Wesley Adelaide and others with an exemption from complying with NPP 2.1 and NPP 10.1 will remove the legislative barriers to full implementation of information sharing in the spirit of the ISG. Several supporting mechanisms, as highlighted in the Consultation Paper, either already exist or are planned for implementation, including the SA Government's Cabinet Instruction to exempt government agencies from being able to disclose personal information without consent only where an 'imminent' threat to someone's wellbeing (or public safety) exists. Furthermore, existing plans to amend the Privacy Act will remove the current discrepancy between State and Commonwealth legislation around 'imminence'.

The proposed Public Interest Determinations, as highlighted in Consultation Paper Attachment A and B, means that Anglicare SA staff would confidently be able to share information with relevant organisations, knowing that they will not be in breach of national privacy legislation while they strive to make a positive difference to the lives of our most vulnerable in society.

Please feel free to contact me with any queries.

Yours sincerely

Peter Wright

Acting Chief Executive Officer

and Chief Operating Officer