Information sharing

Organisations that work with youths because of their involvement with the youth justice system and/or child safety system must comply with the confidentiality obligations of the:

  • Youth Justice Act 1992
  • Child Protection Act 1999.

A new information sharing framework (PDF, 459KB) or (DOCX, 296KB) was inserted into the Youth Justice Act in 2019. The youth justice principles guide the information sharing framework (s.297C(1)).

Sharing information about youths should occur in a way that protects the youths' right to confidentiality.

Service providers must ensure they inform youths of the parameters relating to confidentiality at the start of the initial interview and intake process.

In addition to other provisions, the Youth Justice Act allows the disclosure of confidential information if the youth consents to the disclosure (s297C(1)).

Information can still be shared without the youths' consent (s.297C(2)). A party working with the youth can release information. Examples of how this section applies include:

  • if the department assesses that referral of the youths' case is necessary
  • when an organisation is concerned about the safety and wellbeing of the youth and information sharing is in response to this.

Information about a youth may also be shared with a third party, without the youths' consent, in situations including but not limited to:

  • ensuring another person's safety (e.g. a youth has made threats to harm a specific person or people generally)
  • making disclosures to the Queensland Police Service, related to police functions and in the public interest (e.g. youth discloses involvement in the commission of a serious offence)
  • when expressly permitted or required under another Act (e.g. the Child Protection Act 1999).