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Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998 permits certain agencies, known as 'prescribed bodies', to exchange information about the safety, welfare, or wellbeing of children or young people, enhancing collaboration and information sharing for their protection.
What is a prescribed body?
A prescribed body is an agency responsible for services for children and young people. These include:
NSW Government agencies, such as the Department of Education and Department of Communities and Justice
NSW Police Force
Public and private schools, and TAFE establishments
Early childhood education and care (ECEC) services
Public health organisations and private hospitals
Certain health professionals, including nurses and registered psychologists, are also considered prescribed bodies.
About the NSW Regulatory Authority
The NSW Department of Education is the regulatory authority for the ECEC sector and a prescribed body under Chapter 16A. It regulates over 6,000 ECEC services, ensuring children's safety and wellbeing. The authority can suspend ECEC services, enforce compliance, and investigate incidents.
What information can be exchanged under Chapter 16A?
Prescribed bodies can provide or request information related to a child's safety, welfare, or wellbeing. This information must be used for child protection purposes, such as decision-making, risk assessment, and coordinated service planning. It cannot be shared with non-prescribed bodies.
Information sharing with the NSW Regulatory Authority
The NSW Regulatory Authority can request or release information regarding children's safety in ECEC services under Chapter 16A. This information is reviewed and may lead to further investigation.
Refusing a request for information
Prescribed bodies can refuse information requests if it would prejudice care proceedings or endanger safety. They must notify the requesting agency in writing with reasons for refusal.
https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-157#sec.245D