This Supplementary Order Paper amends SOP No 329 amending the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill to replace clause 38 with new clauses 38 and 38A. The information sharing provisions proposed in the Bill are fragmented, complex, and extend compulsory information sharing to unnecessary and potentially harmful lengths. The changes proposed in this Supplementary Order Paper are based on recommendations from the Privacy Commissioner to improve usability and security around information and data sharing concerning vulnerable children.

The current information sharing provisions as proposed in this Bill under clause 38, new section 66, are not easily practicable or interpretable, which is concerning given the range of organisations and individuals that will be practicing under this law. There are also significant concerns around the lack of consultation with relevant stakeholders, including children, families, and professionals, during the development of this Bill. The Regulatory Impact Statement that relates to the information sharing provisions in the Bill, dated September 2017, states that “there has been no engagement with non-governmental agencies and professional bodies impacted by the reforms”. This Supplementary Order Paper seeks to bring back clarity and practicability around information sharing.

The lack of consultation, particularly on the compulsory information sharing in this Bill, may have significant unintended consequences including deterring children or families in need from seeking support. This compulsory requirement to share information can impact the trust between professionals and their clients, and fundamentally alter the use of support services or individuals.

A further amendment suggested in this Supplementary Order Paper is the inclusion of protections for those who do disclose information in good faith to promote positive information sharing in the best interests of the child.