Privacy (Information Sharing Agreement for Improving Public Services for Vulnerable Children) Order 2015

2015/162

Coat of Arms of New Zealand

Privacy (Information Sharing Agreement for Improving Public Services for Vulnerable Children) Order 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 29th day of June 2015

Present:
His Excellency the Governor-General in Council

Pursuant to sections 96J to 96L of the Privacy Act 1993, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Social Development made in accordance with section 96N of that Act, makes the following order.

Order

1 Title

This order is the Privacy (Information Sharing Agreement for Improving Public Services for Vulnerable Children) Order 2015.

2 Commencement

This order comes into force on 3 August 2015.

3 Interpretation

(1)

In this order, unless the context otherwise requires,—

Act means the Privacy Act 1993

agency has the same meaning as in section 2(1) of the Act

agreement means the information sharing agreement approved under clause 4

child has the same meaning as in section 5(1) of the Vulnerable Children Act 2014

Children’s Action Plan Directorate means the part of the Ministry of Social Development formed for the purpose of assisting the National Children’s Director to implement the Government’s Children’s Action Plan

domestic violence has the same meaning as in section 3 of the Domestic Violence Act 1995

environment includes an environment in which a child’s basic emotional, physical, social, developmental, or cultural needs are not met at the child’s home or in the community

family has the same meaning as family group in section 2(1) of the Children, Young Persons and Their Families Act 1989

Health Information Privacy Code means the Health Information Privacy Code 1994 issued by the Privacy Commissioner under section 46 of the Act

health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

Hub means the part of the Ministry of Social Development that is the central point of contact for receiving and assessing information about concerns relating to vulnerable children

improving the well-being of vulnerable children has the same meaning as in section 6 of the Vulnerable Children Act 2014

information privacy principle means an information privacy principle in section 6 of the Act

lead agency means the party specified in clause 5(2)

National Children’s Director means the person holding that position in the lead agency

party means a party to the agreement under clause 5(1)

personal information has the same meaning as in section 2(1) of the Act.

(2)

In this order, the term vulnerable children is defined as follows:

(a)

if no Government priorities are set under section 7 of the Vulnerable Children Act 2014, the term means children who are at significant risk of harm to their well-being, now and into the future, as a consequence of either or both of the following:

(i)

the environment in which they are being raised:

(ii)

their own complex needs:

(b)

if Government priorities are set under section 7 of the Vulnerable Children Act 2014, the term has the meaning given to it by section 5(1) of that Act.

(3)

Any term that is used but not defined in this order has the same meaning as in Part 9A of the Act.

4 Information sharing agreement approved

(1)

The information sharing agreement described in subclause (2) is approved.

(2)

The agreement is the Information Sharing Agreement for Improving Public Services for Vulnerable Children made on 25 June 2015.

(3)

The agreement comes into force on the day this order comes into force.

5 Parties to agreement and designation of lead agency

(1)

The parties to the agreement are—

(a)

the Ministry of Education; and

(b)

the Ministry of Health; and

(c)

the Ministry of Justice; and

(d)

the Ministry of Social Development; and

(e)

the New Zealand Police; and

(f)

the Children’s Action Plan Directorate.

(2)

The lead agency is the Ministry of Social Development.

6 Purposes for which information may be shared

The agreement authorises the sharing of personal information for 1 or more of the following purposes:

(a)

identifying vulnerable children and their families:

(b)

conducting an initial assessment of the likely needs of vulnerable children and their families:

(c)

determining appropriate referrals to address those needs:

(d)

monitoring outcomes for vulnerable children and their families, including sharing information for the purpose of the professional supervision of service providers.

Nature of modifications

7 Modification of information privacy principle 2 (source of personal information) and Health Information Privacy Code rule 2 (source of health information)

(1)

Information privacy principle 2 and Health Information Privacy Principle Code rule 2 are modified in accordance with subclause (2).

(2)

It is not a breach of information privacy principle 2 or Health Information Privacy Code rule 2 if a party shares personal information in accordance with the agreement for 1 or more of the purposes in clause 6.

8 Modification of information privacy principle 10 (limits on use of personal information) and Health Information Privacy Code rule 10 (limits on use of health information)

(1)

Information privacy principle 10 and Health Information Privacy Principle Code rule 10 are modified in accordance with subclause (2).

(2)

It is not a breach of information privacy principle 10 or Health Information Privacy Code rule 10 if a party shares personal information in accordance with the agreement with another part of the agency for 1 or more of the purposes in clause 6.

9 Modification of information privacy principle 11 (limits on disclosure of personal information) and Health Information Privacy Code rule 11 (limits on disclosure of health information)

(1)

Information privacy principle 11 and Health Information Privacy Code rule 11 are modified in accordance with subclause (2).

(2)

It is not a breach of information privacy principle 11 or Health Information Privacy Code rule 11 if a party shares personal information for 1 or more of the purposes in clause 6.

Public service

10 Public service that agreement is intended to facilitate

The public service that the agreement is intended to facilitate is improving the well-being of vulnerable children—

(a)

through co-ordinated and collaborative action across agencies to better identify, support, and protect vulnerable children; and

(b)

by increasing the effectiveness of services for vulnerable children.

Description of personal information shared under agreement

11 Personal information that may be shared under agreement

(1)

The following types of personal information may be shared under the agreement:

(a)

the name and address of a child, and the names and address or addresses of the child’s parents and caregivers:

(b)

a child’s date of birth:

(c)

a notification or an alert from a health practitioner that a child or the child’s family is at risk:

(d)

any history of harm to a child or history of harm to a child in the child’s family:

(e)

information about a child’s physical or mental health, which may indicate that the child has been abused or neglected or is at risk of abuse or neglect:

(f)

information about a child’s current and previous well-being, including financial circumstances, or issues of concern about the child’s well-being, including financial circumstances:

(g)

information about a child’s psychological or emotional difficulties:

(h)

information about the capacities and strengths of a child and the child’s family:

(i)

issues of concern that have been raised with respect to a child’s education, including any special education needs:

(j)

information that indicates that a child has a record of a substance abuse problem or a history of violence:

(k)

information about whether a parent or caregiver of a child has a mental illness:

(l)

information about whether a parent or caregiver of a child has a substance abuse problem or a history of domestic violence:

(m)

information about a person who may pose a risk to a child and information about that risk:

(n)

an assessment of a child for the purposes of the Children, Young Persons, and Their Families Act 1989.

(2)

A party to the agreement may share personal information with the Hub for 1 or more of the purposes in clause 6.

(3)

The Hub may share personal information with a party to the agreement for 1 or more of the purposes in clause 6.

How personal information shared under agreement may be used

12 How parties may use personal information

(1)

This clause applies to the use of personal information described in clause 11(1).

(2)

A party may use personal information for 1 or more of the purposes in clause 6.

Adverse actions

13 Adverse actions

(1)

This clause states the adverse actions that the parties can reasonably be expected to take as a result of the sharing of personal information under the agreement.

(2)

A party to the agreement can reasonably be expected to report under section 15 of the Children, Young Persons, and Their Families Act 1989 if the party believes that a child has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated, abused, neglected, or deprived.

(3)

The Ministry of Social Development can reasonably be expected to undertake either or both of the following:

(b)

law enforcement action in relation to the commission or suspected commission of an offence.

(4)

The New Zealand Police can reasonably be expected to undertake law enforcement action in relation to the commission or suspected commission of an offence.

14 Procedure before adverse action taken

(1)

Before a party takes adverse action as a result of the sharing of personal information under the agreement, the party must take reasonable steps to confirm the accuracy of the information.

(2)

The agreement provides that a party will (in accordance with section 96R(a)(ii) of the Act) not provide notice of adverse action under section 96Q of the Act in the following circumstances:

(a)

if the personal information shared relates to a situation where a party has reasonable grounds to suspect that urgent intervention is required to ensure the safety of the child from existing or potential serious harm:

(b)

if the personal information is shared with the New Zealand Police and there are reasonable grounds to suspect that a serious crime has been committed or will be committed and the personal information is relevant to the prevention, detection, investigation, or prosecution of a serious crime.

Miscellaneous

15 How to access agreement

(1)

A copy of the agreement is available online at http://www.msd.govt.nz and http://childrensactionplan.govt.nz

(2)

A copy of the agreement is also available at the Ministry of Social Development, Bowen State Building, Bowen Street, Wellington 6011.

16 Schedule 2A of Privacy Act 1993 amended

In Schedule 2A of the Privacy Act 1993, after the item relating to the Information Sharing Agreement Between Inland Revenue and New Zealand Police relating to disclosure of personal information to New Zealand Police for the purpose of prevention, detection, investigation or providing evidence of serious crime pursuant to Part 9A of the Privacy Act 1993 and section 81A of the Tax Administration Act 1994, July 2014, as amended 16 March 2015, insert the item set out in the Schedule of this order.

Schedule Amendment to Schedule 2A of Privacy Act 1993

cl 16

Name of agreementPublic service(s) to be facilitated by agreementInternet address where copy of agreement can be accessedLead agency for agreementDescription of personal information or type of personal information to be shared under agreement
Approved Information Sharing Agreement for Improving Public Services for Vulnerable Children dated 25 June 2015

Improving the well-being of vulnerable children

http://www.msd.govt.nz http://childrensactionplan.govt.nzMinistry of Social Development
(a)

the name and address of a child, and the names, and address or addresses, of the child’s parents and caregivers:

(b)

a child’s date of birth:

(c)

a notification or an alert from a health practitioner that a child or the child’s family is at risk:

(d)

any history of harm to a child or history of harm to a child in the child’s family:

(e)

information about a child’s physical or mental health that may indicate that the child has been abused or neglected or is at risk of abuse or neglect:

(f)

information about a child’s current and previous well-being, including financial circumstances, and issues of concern about the child’s well-being, including financial circumstances:

(g)

information about a child’s psychological or emotional difficulties:

(h)

information about the capacities and strengths of a child and the child’s family:

(i)

issues of concern that have been raised with respect to a child’s education, including any special education needs:

(j)

information that indicates that a child has a record of a substance abuse problem or a history of violence:

(k)

information about whether a parent or caregiver of a child has a mental illness:

(l)

information about whether a parent or caregiver of a child has a substance abuse problem or a history of domestic violence:

(m)

information about a person who may pose a risk to a child and information about that risk:

(n)

any assessments of a child for the purposes of the Children, Young Persons, and Their Families Act 1989.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 3 August 2015, approves a new information sharing agreement under the Privacy Act 1993 (the Act).

The agreement is between—

  • the Ministry of Education; and

  • the Ministry of Health; and

  • the Ministry of Justice; and

  • the Ministry of Social Development; and

  • the New Zealand Police; and

  • the Children’s Action Plan Directorate.

The objectives of the agreement are to—

  • provide a framework for the secure and confidential sharing of information about a child and his or her family by parties to the Hub so that the Hub can make an initial assessment of the child’s needs and refer the child and his or her family to appropriate services designed to meet their needs and improve their well-being; and

  • help remove barriers to effective information sharing to ensure that vulnerable children and their families receive integrated and co-ordinated services; and

  • provide certainty about the circumstances in which personal information about vulnerable children and their families can be shared by the parties; and

  • provide security and transparency for the sharing of personal information.

This order includes provisions stating—

  • the information privacy principles that are modified in respect of the parties to the agreement:

  • the public service that the agreement is intended to facilitate:

  • how the parties may use the personal information:

  • the adverse actions that the parties may take as a result of the sharing of the personal information.

This order also inserts into Schedule 2A of the Act information regarding the agreement that is required to be inserted under section 96L of the Act.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 July 2015.

This order is administered by the Ministry of Social Development.