Child and family violence information sharing policy

This policy outlines requirements for Early Learning Victoria to share information and respond to requests for information sharing under Child Information and Family Violence Information Sharing Schemes.

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Early Learning Victoria is committed to the wellbeing and safety of children, which includes working with other authorised organisations to protect each child. We recognise the importance of sharing information with other professionals to identify the wellbeing or safety needs of the children at our centres as we know this can enable children to receive early and targeted support.

As an Information Sharing Entity (ISE), our centres are authorised to request and share relevant information with other ISEs, under the Child Information Sharing Scheme (CISS) and the Family Violence Information Sharing Scheme (FVISS). Early Learning Victoria is also required to respond to requests from other ISEs within a timely manner. Both CISS and FVISS recognise the importance of seeking the views and promoting the agency of children and adults (who are not perpetrators of family violence) wherever appropriate, safe and reasonable to do so.

1. Scope

This policy applies to children, families, staff and management of Early Learning Victoria centres. This includes volunteers, students on placement and contractors or labour hire employees of Early Learning Victoria.

2. Policy statement

The purpose of this policy is to support Early Learning Victoria staff to understand the requirements to share information and respond to requests for information sharing under CISS and FVISS. This policy demonstrates our commitment to identifying, assessing and managing family violence risk and supporting families experiencing family violence in accordance with the Family Violence Multi-Agency Risk Assessment and Management Framework (the MARAM Framework).

2.1 Requirements

Early Learning Victoria is a prescribed Information Sharing Entity (ISE) under Schedule 1, Item 31 of the Child Wellbeing and Safety (Information Sharing) Regulations, which means Early Learning Victoria centres are authorised to request and share relevant information with other ISEs under the CISS and FVISS. Early Learning Victoria is required to respond to requests from other ISEs within a timely manner. Both CISS and FVISS recognise the importance of seeking the views and promoting the agency of children and adults (who are not perpetrators of family violence) wherever appropriate, safe, and reasonable to do so. Early Learning Victoria centres are authorised as MARAM organisations and are required to follow MARAM processes to identify and respond to family violence and share information about a child when health, wellbeing and safety is a concern.

Early Learning Victoria and its centres are prescribed in regulations as ISEs to request and share information under:

  • the Child Information Sharing Scheme (CISS)
  • the Family Violence Information Sharing Scheme (FVISS).

Early Learning Victoria and its centres are also required to ensure that only authorised Early Learning Victoria roles can request and share information under CISS and FVISS.

CISS and FVISS complement existing obligations and frameworks and do not replace current authorisations (such as Child Safe Standards, Mandatory Reporting, Privacy or Criminal Law and Reportable Conduct) to share information.

2.2 Background information

Child Information Sharing Scheme (CISS)

CISS enables ISEs to share relevant information about any person to promote the wellbeing or safety of a child or group of children. All Victorian children aged birth to 18 years are covered under CISS. Consent is not required by any person to share information under CISS. CISS supports collaboration between services by working together to identify needs and risks, promote earlier and more effective supports and integrate service provision to improve outcomes for children and families.

CISS complements and supports existing child and family service reforms and other child safety legislation, including the Child Safe Standards and Reportable Conduct Scheme.

Child Link

Child Link is a key enabler of CISS with the complementary aim of improving wellbeing and safety outcomes for children and young people. It is a digital tool that displays information about a child to authorised key professionals who have responsibility for child wellbeing and safety. In Early Learning Victoria, this is for the children enrolled in Victorian government-funded kindergarten programs.

Early childhood services delivering Victorian government-funded kindergarten programs may have up to 3 Victorian Institute of Teaching (VIT) registered Early Childhood Teachers as Child Link Users. Authorised roles in Early Learning Victoria centres are supported to train and access Child Link as part of their onboarding.

Family Violence Information Sharing Scheme (FVISS)

FVISS enables ISEs to share relevant information to assess or manage risk of family violence. ISEs can also share information for the purposes of a family violence assessment with a subset of specialist ISEs known as Risk Assessment Entities (RAE).

These include (but are not limited to):

  • Child Protection
  • The Orange Door
  • Victims Support Agency
  • Victoria Police
  • State funded specialist family violence services

To share information, identify, assess and manage the risk of family violence to children and adults, while promoting children’s wellbeing and safety, CISS and FVISS must be used together in conjunction with the MARAM Framework.

The Family Violence Multi-Agency Risk Assessment and Management Framework (the MARAM Framework)

MARAM is the policy framework describing best practice for family violence risk assessment and management based on current evidence and research. The MARAM framework is embedded in law and establishes the foundations for a consistent statewide approach and shared responsibility for identifying and responding to family violence. The MARAM Framework guides professionals across the service system, including those from early childhood education and care services, to better understand their responsibilities to identify, assess and manage family violence risk. Under the MARAM Framework, centres have six responsibilities relating to ‘identification and screening.’

For further detailed information about the MARAM Framework and how it applies to all sectors, see Family Violence Multi-Agency Risk Assessment and Framework.

Consent under CISS

Information can only be shared under CISS and FVISS by professionals at authorised organisations. ISEs include particular services that work with children, young people, and families. Information can be shared for all Victorian children and young people from 0-18 years of age where the requirements for sharing under CISS or FVISS have been met. Employees who have information sharing responsibilities must have skills reasonably transferable to the promotion of child and family wellbeing or safety, and the appropriate and sensitive management of confidential information.

Under CISS, educators can share any person’s information without their consent to promote the wellbeing or safety of a child or group of children. FVISS covers victim survivors of all ages. Consent is not required from any person to share information relevant to assessing or managing family violence risk to a child.

Even when consent is not required, centres should seek and take into account the views of the child or any relevant family members (who do not pose a risk) before sharing information under CISS or FVISS, if it is safe, reasonable and appropriate to do so. This is a key principle of CISS and FVISS. There are several reasons to seek and consider the views of a child or family member before sharing their information:

  • working collaboratively helps develop and maintain trusting, positive relationships with the child, young person and their family, and improve and maintain service engagement
  • people feel more empowered when they are included in the process and aware of and in agreement with the actions taking place
  • obtaining the views of the children, including a child victim survivor, is an integral part of assessing and managing risk to the child and other family members
  • children and families are often best placed to provide insight into safer, more effective ways of sharing information.

Considerations when sharing information about at risk or diverse communities

When sharing information to promote child wellbeing and safety, Early Learning Victoria centres should:

  • consider the child’s best interests
  • promote the immediate and ongoing safety of all family members at risk of family violence in line with the MARAM Framework, noting safety includes responding to needs and circumstances that promote stabilisation and recovery from family violence
  • engage specialist services as required, and promote collaborative practice around children and families
  • give precedence to the wellbeing and safety of a child or group of children over the right to privacy
  • preserve and promote positive relationships between a child and the child’s family members and persons of significance to the child
  • be respectful of and have regard to a child’s social, individual and cultural identity, the child’s strengths and abilities and any vulnerability relevant to the child’s safety or wellbeing
  • promote the cultural safety and recognise the cultural rights and familial and community connections of children who are Aboriginal, Torres Strait Islander or both
  • seek to maintain constructive and respectful engagement with children and their families.

Working with diverse communities and at-risk groups to support wellbeing and safety

Early Learning Victoria centres need to consider the barriers to wellbeing and safety that some groups experience due to structural inequality and discrimination. Diverse communities and ‘at-risk groups’ are broadly defined to include:

  • diverse cultural, linguistic and faith communities (also collectively called CALD communities)
  • people living with a disability
  • people experiencing mental health issues
  • lesbian, gay, bisexual, trans and gender diverse, intersex, queer and questioning (LGBTIQA+) people
  • women in or exiting prison
  • people who work in the sex industry
  • people living in regional, remote and rural communities
  • older people (aged 65 years, or 45 years for Aboriginal people)
  • children (0–4 years of age are most at risk)
  • young people (12–25 years of age).

It will be helpful for Early Learning Victoria centres to consider both the individual circumstances of the child and parent or carer, and their specific family and community contexts. This will improve their ability to engage with children and families.

When sharing information about people with disabilities, Early Learning Victoria centres should consider:

  • asking what supports they need to ensure they understand the information provided and can respond with an informed opinion
  • avoiding making assumptions about what supports they may require
  • asking if they would like to seek the support of a trusted person or advocate to ensure they understand the reason for information sharing.

When sharing information about CALD communities, including refugees, Early Learning Victoria centres should consider:

  • if there may be language and literacy considerations, including sensitivity around ways of communication or if an interpreter is required
  • if there may be complex family and community dynamics to consider, as well as complex migration experiences
  • if when sharing information about people from a refugee background, there may be an added layer of trauma.

When sharing information about LGBTIQA+ communities, Early Learning Victoria centres should consider:

  • the impact sharing information about sexuality, sex or gender identity may have on safety in the family or community
  • that intervention services may discriminate against, further abuse, or exclude individuals because of sexuality or gender identity
  • that sexuality, sex and gender identity may not be recognised by intervention services, or that individuals’ needs will not be understood
  • that homophobia, biphobia or transphobia by family members is recognised as family violence.

Record keeping, data and security

Users must follow all data security and record management requirements that apply to Early Learning Victoria centres. Appropriate records relating to referrals, information sharing and coordinated risk management should be kept. This may include:

  • the services that are being collaborated with
  • information shared and received from other services
  • records of consent or views on information sharing and referrals
  • actions required of the centre (for example, using the Family Violence Screening Tool and Basic Safety Plan)
  • the child and family being informed of any updates.

Due to the nature of family violence records, Early Learning Victoria centres must ensure that the records are kept securely. For example, if they have a hard copy file, they should make sure it is kept in a locked cabinet. If they have an electronic record, they need to make sure it is password protected and only staff members who need the information have access. Only centre directors and nominated staff should have access to completed Family Violence Screening Tools and Basic Safety Plans. Early Learning Victoria centres should ensure that these records are not destroyed as they may be needed at a later time (e.g. as evidence in future court proceedings).

Safeguarding

A range of safeguards and protections exist under the reforms to ensure that professionals can safely, confidently and appropriately share information. Offences and penalties may apply where information is shared unlawfully under CISS or FVISS. CISS and FVISS include offences for unauthorised and intentional or reckless use or disclosure of confidential information, and falsely claiming to be an ISE, or an authorised representative of an ISE, or knowingly allowing someone else to believe that you are.

When Early Learning Victoria centre staff with authorisation to share information under CISS or FVISS, act in good faith and with reasonable care when sharing information, they will:

  • not be held liable for any criminal, civil or disciplinary action for providing the information
  • not be in breach of any code of professional ethics or considered to have departed from any accepted standards of professional conduct.

Complaints

If a family is concerned that information might have been shared in a way that is not permitted, the family have the right to provide feedback and make a complaint. For more information on how families can provide feedback or make a complaint, please see the Feedback and complaints policy.

If the family is not satisfied that the matter has been resolved, a complaint may be made to:

Support for families experiencing family violence

Early Learning Victoria staff may find the following external resources helpful to support families experiencing family violence:

3. Actions and procedures

3.1 Responsibilities of staff

4. Resources

Legislation and standards

  • Charter of Human Rights and Responsibilities Act 2006
  • Children, Youth and Families Act 2005
  • Child Safe Standards
  • Child Wellbeing and Safety Act 2005
  • Child Wellbeing and Safety (Information Sharing) Regulations 2018
  • Education and Care National Law Act 2010
  • Education and Care National Regulations 2011
  • Family Violence Protection Act 2008
  • Family Violence Protection (Information Sharing and Risk Management) Regulations 2018
  • Health Records Act 2001
  • Privacy and Data Protection Act 2001
  • Working With Children Act 2005
  • Working With Children Regulations 2006
  • Child and family violence information sharing procedure
  • Child safety and wellbeing policy
  • Enrolment and orientation policy
  • Handling complaints and feedback policy
  • Positive relationships, interactions and behaviour support policy
  • Privacy policy
  • Protecting children policy

Definitions

Aboriginal definition of family violence: The Victorian Indigenous Family Violence Task Force defined family violence in the context of Aboriginal communities as ‘an issue focused around a wide range of physical, emotional, sexual, social, spiritual, cultural, psychological and economic abuses that occur within families, intimate relationships, extended families, kinship networks and communities. It extends to one-on-one fighting, abuse of Indigenous community workers as well as self-harm, injury and suicide.’ The definition also acknowledges the spiritual and cultural perpetration of violence by non-Aboriginal people against Aboriginal partners which manifests as exclusion or isolation from Aboriginal culture or community.

Child Information Sharing Scheme (CISS): The Child Information Sharing Scheme permits the requesting and disclosure of confidential information between prescribed organisations for the purpose of promoting the wellbeing or safety of a child or group of children.

Child Safe Standards: The Child Safe Standards are compulsory minimum standards for all organisations that provide services to children. Their aim is to ensure organisations are well prepared to protect children from abuse and neglect.

Duty of care: A legal concept that refers to the responsibility of all staff members within any Victorian early childhood service to take reasonable steps to protect children in their care from harm that is foreseeable.

Family Violence Information Sharing Scheme (FVISS): Family Violence Information Sharing Scheme authorises a select group of prescribed Information Sharing Entities to share information with one another for family violence risk assessment and risk management.

Family violence: The Family Violence Protection Act 2008 defines family violence as behaviour towards a family member where the behaviour is:

  • physically or sexually abusive
  • emotionally or psychologically abusive
  • economically abusive
  • threatening or coercive
  • in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person.

Information Sharing Entity (ISE): A person or body prescribed, or a class of person or body prescribed to be an Information Sharing Entity under the Child Information Sharing Scheme or Family Violence Information Sharing Scheme.

Multi-Agency Risk Assessment Management and Management Framework (MARAM): The Family Violence Multi-Agency Risk Assessment and Management Framework is designed to guide services in assessing and managing the risk of family violence.

Mandatory reporting: The legal obligation of certain professionals and community members to report when they believe, on reasonable grounds, that a child needs protection from harm.

A broad range of professional groups are identified in the Children, Youth and Families Act 2005 as ‘mandatory reporters.’ From 30 September 2015, this list includes VIT-registered early childhood teachers. Mandated reporters must make a report to Victoria Police or Child Protection as soon as is practicable if, during acting out their professional roles and responsibilities, they form a belief on reasonable grounds (explained later in this definitions list) that:

  • a child has suffered, or is likely to suffer, significant harm because of physical or sexual abuse
  • the child’s parents or guardians have not protected, or are unlikely to protect, the child from harm of that type.

Reasonable grounds or reasonable belief: A person may form a belief on reasonable grounds that a child or young person needs protection after becoming aware that the child or young person’s safety, health or wellbeing is at risk and the child’s parents or guardians are unwilling or unable to protect them. There may be reasonable grounds for forming such a belief if:

  • a child or young person states that they have been physically or sexually abused
  • a child or young person states that they know someone who has been physically or sexually abused (sometimes the child may be referring to themselves)
  • someone who knows the child or young person states that the child or young person has been physically or sexually abused
  • a child shows signs of being physically or sexually abused
  • the person is aware of persistent family violence or parental substance misuse, psychiatric illness or intellectual disability or other factors that are impacting the child or young person’s safety, stability or development
  • the person observes signs or indicators of abuse, including non-accidental or unexplained injury, persistent neglect, poor care or lack of appropriate supervision
  • a child’s or young person’s actions or behaviour may place them at risk of significant harm and the parents or guardians are unwilling or unable to protect the child.
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