Organisations that work with young people 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.
Sharing information about young people should occur in a way that protects the young person's right to confidentiality.
Service providers must ensure they inform young people of the parameters relating to confidentiality at the start of the initial interview and intake process.
Sharing information with young person's consent
In addition to other provisions, the Youth Justice Act allows the disclosure of confidential information if the young person consents to the disclosure (s297C(1)).
Sharing information without consent
Information can still be shared without the young person's consent (s.297C(2)). A party working with the young person can release information. Examples of how this section applies include:
- if the department assesses that referral of the young person's case is necessary
- when an organisation is concerned about the safety and wellbeing of the young person and information sharing is in response to this.
Information about a young person may also be shared with a third party, without the young person's consent, in situations including but not limited to:
- ensuring another person's safety (e.g. a young person 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. young person discloses involvement in the commission of a serious offence)
- when expressly permitted or required under another Act (e.g. the Child Protection Act 1999).