Direction relating to the Case Coordination Partnership Project

This direction applied to the agencies listed in Schedule 1 and the locations listed in Schedule 2. It operated from 26th September 2006 until 30 April 2007, when it was replaced by the Direction relating to the Anti-Social Behaviour Pilot Project.

This is a Direction under s. 41(1) of the Privacy and Personal Information Protection Act 1998.

Interpretation

In this Direction:

“Case Coordination Framework” means the procedure for referral and management of complex cases and crisis cases described in this Direction;

“CCAC” means Case Coordination Assessment Criteria, by which a Contact Agency assesses a case for referral to the CCSOG for management under the Case Coordination Framework;

“child” means a person under the age of 16 years;

“Contact Agency” means the individual CCP Participating Agency, which first considers a case for referral to the CCSOG for management under the Case Coordination Framework;

“NGO” means a funded non-Government organisation, which provides services to communities covered by the Case Coordination Partnership Project.

“PPIP Act” means the Privacy and Personal Information Protection Act 1998;

“CCSOG” means the Case Coordination Senior Officers’ Group, which is comprised of representatives from the CCP Participating Agencies;

“CCP Participating Agencies” means the public sector agencies participating in the Case Coordination Partnership Project, as listed in the Schedule to this Direction;

“CCP Project” means the Case Coordination Partnership Project;

“young person” means a person who is aged 16 years or over but who is under the age of 25 years.

Background

Information collected by law enforcement agencies indicates that while most areas of crime have decreased across the State, assaults have remained steady, at high levels, and in some Police Local Command Areas, the incidence of assaults has increased. In other areas there has been an increase in anti-social behaviour by children and young people.

New approaches are being established within Police Local Command areas to deal specifically with children and young people at risk that are involved in the commission of assaults or in anti-social behaviour. These areas are set out in Schedule 2 of this Direction.

Objects of the CCP Project

The CCP Project is an initiative of the CCP Participating Agencies, in partnership with a number of NGOs. The CCP Project is intended to improve case coordination across the CCP Participating Agencies and NGOs regarding the management of complex cases and crisis cases involving children, young people and families who live in, or are habitual visitors to, the locations listed in Schedule 2. This is to be achieved by the implementation of a Case Coordination Framework governing the management of such cases and the exchange of personal information between, and use of personal information by, the CCP Participating Agencies and the NGOs. The CCP Project is overseen by the CCSOG.

Operation of the Case Coordination Framework

The steps in the referral and management of complex cases and crisis cases within the Case Coordination Framework are:

(1) If a Contact Agency becomes aware that a child or young person may meet the following CCAC:

(a) The child/young person temporarily or permanently resides in, or is an habitual visitor to, the locations listed in Schedule 2;

(b) The child/young person is a high level risk to him or herself and/or others;

(c) Multiple agency collaboration is necessary due to the complexity of the case; and

(d) Agency intervention has failed to reduce the risks so far;. the Contact Agency will make an assessment as to whether it is appropriate, based on an application of the CCAC, to refer the case to CCSOG for assessment and possible management under the Case Coordination Framework. 

(2) If the Contact Agency concludes on the basis of its assessment of the case against the CCAC that the case should not be referred to the CCSOG, the agency will proceed to deal with the case in accordance with the agency’s usual procedures.

(3) If the Contact Agency concludes on the basis of its assessment of the case against the CCAC that the case should be referred to the CCSOG, the agency must determine whether it is in the best interests of the child/young person and/or the public interest to obtain the consent of the child/young person (or, where appropriate, a parent or guardian). In particular, if there are reasonable grounds to believe that seeking consent could unreasonably prevent or delay necessary services being provided with the result that the child/young person or third parties might suffer harm, the Contact Agency will not seek consent. The consent in question will be consent to refer the case to the CCSOG and for personal information about the child/young person to be collected, used and disclosed by the CCP Participating Agencies and the NGOs for the purpose of assessing and managing the case under the Case Coordination Framework;

(4) If the Contact Agency determines that it is not in the best interests of the child/young person and/or the public interest to obtain such consent, or if consent has been sought but refused, the agency will rely upon the exemptions operating under this Direction to refer the case to CCSOG. If consent is obtained, the Contact Agency will refer the case to CCSOG in accordance with that consent.

(5) On referral, the CCSOG will assess whether management of the case under the Case Coordination Framework is appropriate. If the CCSOG determines that such case management is not appropriate, no further exchange of personal information between the CCP Participating Agencies will take place pursuant to the Case Coordination Framework. If the CCSOG determines that case management under the Case Coordination Framework is appropriate, it will identify which CCP Participating Agencies should be responsible for planning and implementing the management of the case. The CCSOG will also appoint a lead agency from among those agencies;

(6) If a case has been referred to the CCSOG without the consent of the child/young person (or, where appropriate, a parent or guardian), the CCSOG will make a determination as to whether it is in the best interests of the child/young person and/or the public interest to obtain such consent. In particular, if there are reasonable grounds to believe that seeking consent could unreasonably prevent or delay necessary services being provided with the result that the child/young person or third parties might suffer harm, the CCSOG will not seek consent. The consent in question will be consent to personal information being collected, used and disclosed by the CCP Participating Agencies and the NGOs for the purpose of assessing and managing the case under the Case Management Framework. However, even if general consent is obtained, paragraph 1(a) in the “provisions” section of this Direction will continue to apply.

(7) If the CCSOG does determine that case management under the Case Coordination Framework is appropriate, but determines that it is not in the best interests of the child/young person and/or the public interest to obtain consent, or if consent has been sought but (either wholly or partially) refused, the CCP Participating Agencies will proceed to collect, use and disclose personal information relating to the case, pursuant to the exemptions operating under this Direction. If consent is obtained, the CCP Participating Agencies will act in accordance with that consent. However, even if consent is obtained, paragraph 1(a) in the “provisions” section of this Direction will continue to apply.

(8) In the course of assessing and managing a case under the Case Coordination Framework, the CCP Participating Agencies may collect personal information from, and disclose personal information to, NGOs.

(9) In exceptional circumstances that involve an ongoing risk of harm to children, young people or the community, such as the occurrence of a riot in the locations listed in Schedule 2, CCSOG will assess whether management of particular cases involving children or young persons under the Case Coordination Framework is appropriate, without referral from a Contact Agency in the manner described at step (1) and without taking the steps outlined above relating to seeking consent. If the CCSOG does determine that management of such a case is appropriate, the CCP Participating Agencies may exchange personal information about the case and use such information for the purpose of assessing and managing the case. If necessary, the Chair of CCSOG or the Director Operations (Strategic Projects), NSW Premier’s Department may make assessments and determinations on behalf of the CCSOG if the urgent calling of a CCSOG meeting is not possible in the short term. If the Chair of CCSOG or the Director Operations (Strategic Projects), NSW Premier’s Department makes urgent assessments and determinations of this kind, the Chair or the Director Operations (Strategic Projects), NSW Premier’s Department is to inform the CCSOG of the details at its next meeting.

Public interest

This Direction has been made to allow the CCP Participating Agencies to collect, use and disclose personal information for the purpose of implementing the objectives of the CCP Project. I am satisfied that the public interest in making this Direction to enable the implementation of the CCP Project is greater than the public interest in requiring the agencies to comply with the Information Protection Principles as referred to in the provisions set out below. A corresponding direction may apply to the CCP Project in respect of the Health Records and Information Privacy Act 2002.

Coverage

This Direction covers each public sector agency, which is a CCP Project Participating Agency, as listed in the Schedule 1 to this Direction.

Provisions

1. CCP Participating Agencies, in collecting, using and disclosing personal information in accordance with the CCP Project Case Coordination Framework, as described in this Direction, need not comply with:

(a) section 8(1) of the PIPP Act, but only to the extent that CCP Participating Agencies may collect personal information for a lawful purpose that is not directly related to a function or activity of that agency; or

(b) sections 9, 10, 17, 18 or 19 of the PPIP Act.

2. Paragraph 1 is subject to the condition that the collection, use and disclosure of personal information by a CCP Participating Agencies is reasonably relevant and reasonably necessary for the purpose of meeting the objects of the CCP Project.

3. The provisions of paragraphs 1 and 2 are not intended to override and do not override any other legal requirement dealing with the collection, use or disclosure of information by a CCP Participating Agency.

Note. For example, this Direction does not override secrecy or confidentiality provisions in another Act.

Duration

This Direction has effect for twelve months from the date of this direction or until the completion of the project, whichever occurs later.

Signed by me on 26th September 2006.

Philippa O’Dowd
Acting Privacy Commissioner

Schedule 1 - Public sector agencies covered by this direction (CCP Project Participating Agencies)

Aboriginal Housing Office
Department of Aboriginal Affairs
Department of Ageing, Disability and Home Care
Department of Arts, Sports and Recreation
Department of Community Services
Department of Corrective Services
Department of Education and Training
Department of Health
Department of Housing
Department of Juvenile Justice
Justice Health
Greater Southern Area Health Service
Greater Western Area Health Service
Hunter New England Area Health Service
North Coast Area Health Service
Northern Sydney and Central Coast Area Health Service
NSW Police
NSW Premier’s Department
Royal Alexandra Hospital for Children (Westmead Children’s Hospital)
South Eastern Sydney and Illawarra Area Health Service
Sydney South West Area Health Service
Sydney West Area Health Service

Schedule 2 - Locations Covered by this Exemption

The locations covered by this Direction are those falling within the boundaries of the following NSW Police administrative areas:

1. Canobolas Local Area Command
2. Lake Macquarie Local Area Command
3. City Central Local Area Command
4. Eastern Beaches Local Area Command
5. Orana Local Area Command
6. Darling River Local Area Command

 

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