Principles

Our role is to assess, plan, and work with parents, families, communities and carers to build safety, belonging and wellbeing. We do this best when children have a say in the decisions that affect them. 

All aspects of our work are guided by:

• the values, principles, knowledge and skills outlined in the Strengthening families Protecting children Framework for practice
• our commitment to the five elements of the Aboriginal and Torres Strait Islander Child Placement Principle, and
• our commitment to applying the Safe and Together model to partner with domestic and family violence survivors and intervene with domestic and family violence perpetrators.

Focusing on relational, physical and legal permanency, we work to ensure safety at home (where possible). Our decisions are aligned with the Child Protection Act 1999 and its main principle, which is that ‘the safety, wellbeing and best interests of a child, both through childhood and for the rest of the child’s life, are paramount’.

Strengthening families Protecting children Framework for practice

Supporting documents

The Foundational elements document integrates Child Safety’s best hopes and vision for children, young people and families, together with key values, principles, knowledge and practice skills. 

The Practice tools and processes document summarises creative tools, skills and processes required to engage with a child and family while maintaining a sharp focus on a child’s safety, belonging and wellbeing. 

The Collaborative assessment and planning framework booklet outlines the different parts of the Collaborative assessment and planning framework and associated tools, and guides staff in how to use it when working with families.

Safety and support networks 

Safety and support networks and high intensity responses is another key component of the framework for practice. The development of a safety and support network is undertaken in partnership with children, young people and families to increase safety and strengthen supports. Networks assist in developing and implementing immediate safety plans and ongoing safety and support plans. The high intensity response component has been added to acknowledge that a more intensive, seamless, wraparound safety and support plan is required during periods of increased risk and complexity. 

Engagement tools 

Tools associated with the framework for practice aim to increase the engagement, assessment, planning and process skills of workers. These tools include: 

• The Collaborative assessment and planning framework is used in partnership with children, young people, their family and networks to undertake a balanced and comprehensive assessment of harm, risk and safety, and collaboratively identify goals and action steps to build future safety, belonging and wellbeing for a child.
• The Three Houses Tool - a process to involve children, young people and their families in assessment and planning. 
• The Safety House Tool - a process for engaging children and young people in safety planning. 
• Circles of Safety and Support Tool - a process to help parents identify people for their family’s safety and support network. 
• The Future House - a process to support parents and caregivers to identify their vision and goals for children’s future safety, belonging and wellbeing.
• The Family Roadmap - a process to elicit the views of family members for detailed planning 
• The Immediate Story - a process to help children understand child protection interventions. 

Aboriginal and Torres Strait Islander Child Placement Principle

Child Safety must apply the Aboriginal and Torres Strait Islander Child Placement Principle to the standard of active efforts (timely, thorough, purposeful), when making a significant decision about an Aboriginal or Torres Strait Islander child (Child Protection Act 1999, section 5F).

This means doing everything that can be done, as soon as possible, to keep the child connected to their family, culture and community.

For more information, refer to the website Making active efforts.

The aims of the Aboriginal and Torres Strait Islander Child Placement Principle are:

• to keep Aboriginal and Torres Strait Islander children connected to their family, community, culture and country recognition and protection of the rights of Aboriginal and Torres Strait Islander children, family members and communities in child welfare matters
• self-determination for Aboriginal and Torres Strait Islander people in child welfare matters
• reduction in the disproportionate representation of Aboriginal and Torres Strait Islander children in the child protection system.

Structured Decision Making®

Structured decision making (SDM) assists practitioners to work with and focus resources on families, in an effort to reduce the incidence of subsequent harm and neglect. The SDM assessments are used to support the consistency of critical decision-making and the services provided. 

In Queensland, 3 SDM assessments are used. Each assessment structures the analysis of critical case factors at key decision-making points. Different assessments are used for different decision points as there are distinct issues to be addressed at each stage of child protection intervention. The assessments are not intended to make decisions for practitioners, they help structure decisions by bringing objective information to bear on the critical questions to be answered.

Each SDM assessment tool is based on research or evidence and addresses a specific practice question, to assist practitioners to reach a decision. The assessments are not completed in isolation. Using the SDM tools requires critical thinking and judgement to recognise unique circumstances for a child and family that are not captured within an SDM assessment. The use of professional judgement is critical. 

In integrating professional judgement with the SDM model, practitioners can consider the factors outlined below:

• SDM assessments guide decision-making—they do not make decisions.
• SDM assessments are more than a procedural requirement—they are designed to assist practitioners during the assessment and decision-making process, by providing a formal and consistent method to process or synthesise information relevant to a case. 
• When providing a rationale for decisions made, factors that lead to a decision are to be identified and recorded. Practitioners can then indicate whether a SDM assessment outcome supports the decision made.
• SDM assessments can only be completed appropriately if professional knowledge, skills and values are utilised.
• Practitioners may utilise and integrate a range of professional knowledge sources when making decisions, including the SDM model. Forms of professional knowledge can include theory, research, organisational and personal knowledge and practice experience.
• Practitioners are required to understand and apply a range of theories to inform their use of SDM assessments, for example, the child strengths and needs assessment cannot be employed without a good understanding of child development theory and developmental milestones.
• Communication skills and professional values are crucial to how a practitioner engages with a family, employs interviewing skills or gathers important information. 
• When assessments are not informed by accurate information, it is likely that reasoning and decision-making processes will be impacted, with the risk being that inappropriate outcomes are reached. 
• SDM items/definitions can prompt the practitioner's exploration of certain areas and the gathering of specific information to inform a comprehensive assessment process. 

For further information refer to the SDM Policy and procedures manual.

Safe and together model

Obligations under the Human Rights Act 2019

Queensland’s Human Rights Act 2019 protects 23 human rights in law. The Human Rights Act 2019 protects the rights of everyone in Queensland and requires the Queensland public sector to act and make decisions which are compatible with these rights.

The Human Rights Act 2019  requires ‘public entities’ to consider human rights in all decision-making and action, and only limit human rights in certain circumstances and after careful consideration. When delivering services and interacting with the community, public entities must:

• act compatibly with human rights when making decisions or taking actions
• give proper consideration to human rights when making decisions or taking actions.

These obligations apply to Child Safety staff, as employees of a public entity under the Human Rights Act 2019 and apply to all aspects of decision making that is undertaken by Child Safety staff, who have a responsibility to respect, protect and promote the human rights of individuals.

The 23 human rights are not absolute - that is, they are allowed to be limited, but only after careful consideration and only in a way that is necessary, justifiable and proportionate. This means that Child Safety staff can act or make a decision that limits human rights, but only if it is reasonable and justifiable, or if they could not have acted differently or made a different decision because of another law, for example, the Child Protection Act 1999. 

Individuals who believe they have had their human rights limited can raise their concerns with the Child Safety Complaints Unit. (Refer to Compliments and complaints on the Child Safety internet or Resources for staff on the intranet).  After 45 business days, if they remain unhappy, they can lodge a complaint with the Queensland Human Rights Commission.

The Queensland Human Rights Commission will refer concerns back to Child Safety if a departmental complaints process has not been commenced.

The following steps will assist Child Safety staff to make decisions that are compatible with human rights when acting or making decisions:

1. Identify the relevant rights.
2. Consider the impact, and whether the decisions made will limit or restrict any of the relevant rights identified? If not, there is no impact on human rights. If yes, move to step three.
3. Determine whether the limit is reasonable and justified. The following questions will assist staff ensure that actions or decisions that are being considered are compatible with human rights:    

   • Is it lawful? Is there a legal authority or framework which allows you to limit a person’s rights?

   • Is there a purpose? What is the aim of the limitation? Does it achieve a legitimate purpose?

   • Is it reasonable? Will what you are proposing effectively achieve your purpose?

   • Is it necessary? Is this the least restrictive way to achieve your purpose?

Refer to the Compliments and complaints page on the intranet for information on how to raise human rights concerns.

Refer to the Queensland Human Rights Commission website for:

• information about the 23 human rights
• information about public entity responsibilities
• the commission's complaints processes
• resources to support staff to act and make decisions in a way that is compatible with these human rights.

Obligations to victims of violent crime

All government agencies must uphold the rights of victims of violent crime.

Under the Victims of Crime Assistance Act 2009, Child Safety staff are responsible for:

• upholding the Charter of Victims’ Rights when working with victims of crime
• proactively providing victims of crime with information about services and financial assistance they may be eligible to receive from the Queensland Government through Victim Assist Queensland
• organising an application on behalf of a child identified as a victim of crime who is subject to a finalised or interim child protection order granting custody or guardianship to the chief executive.

The Victims of Crime Assistance Act 2009 defines victims as those who have suffered harm due to acts of violence (such as physical and sexual offences) that occur in Queensland and result in a physical, psychological or emotional injury. It includes victims who have suffered harm as a result of:

• domestic and family violence committed against them
• a family member or dependent having had domestic and family violence committed against them
• intervening in domestic and family violence.

Responsibilities under the Charter of Victims’ Rights

The Victims of Crime Assistance Act 2009 includes a Charter of Victims’ Rights, which informs victims of crime what they can expect from government departments and non-government agencies that support victims. The Charter of Victims’ Rights requires Child Safety staff to:

• treat victims with courtesy, compassion, respect and dignity
• maintain confidentiality of a victim’s personal information—including address and telephone numbers―unless disclosure is authorised by law
• inform victims at the earliest practicable opportunity about available services and remedies
• give a victim information about the procedure for making a complaint, if they feel that their rights have not been upheld in accordance with the charter.

Information privacy

The Information Privacy Act 2009 regulates how Child Safety collects, manages, uses and discloses personal information. 

Personal and sensitive information 

Child Safety collects significant amounts of personal and sensitive information about individuals, and Child Safety practitioners must ensure that they comply with their privacy and confidentiality obligations when handling this information.

Personal information is defined as information or an opinion about an identified individual or an individual who is reasonably identifiable from the information or opinion:

• whether the information or opinion is true or not
  and
• whether the information or opinion is recorded in a material form or not (Information Privacy Act 2009, section 12).

Sensitive information is a type of personal information, and is defined as: 

• information or an opinion, that is also personal about a person, such as
  • racial or ethnic origin
  • political opinions
  • membership of a political association
  • religious beliefs or affiliations
  • philosophical beliefs
  • membership of a professional or trade association
  • membership of a trade union
  • sexual orientation or practices
  • criminal record
• health information about the individual
• genetic information about the individual that is not otherwise health information
• biometric information that is to be used for the purpose of automated biometric verification or biometric identification
• biometric templates (Information Privacy Act 2009, schedule 5).

There are additional obligations in relation to the collection, use and disclosure of sensitive information, which are discussed below.

Queensland Privacy Principles

The Information Privacy Act 2009, schedule 3, sets out 10 Queensland Privacy Principles (QPPs) that apply to agencies when dealing with personal information. The privacy principles relevant to Child Safety activities are:

1.  Open and transparent management of personal information.
2.  Anonymity and pseudonymity.
3.  Collection of solicited personal information.
4.  Dealing with unsolicited personal information.
5.  Notification of the collection of personal information.
6.  Use or disclosure of personal information.
10. Quality of personal information.
11. Security of personal information.
12. Access to personal information.
13. Correction of personal information.

Note: The QPPs largely mirror the federal Australian Privacy Principles (APPs), but APPs 7-9 are not relevant to government agencies so the numbering of the QPPs is not consecutive.

Interaction with Child Protection Act 1999

Information privacy is underpinned by the concepts of control (consent), transparency and security. However, the right to privacy is not absolute and must be balanced against other priorities such as the safety of the individual or others.

Child Safety practitioners need to be aware of the interface between the Child Protection Act 1999 and the Information Privacy Act 2009. While the Information Privacy Act 2009 cannot override the legislative provisions of the Child Protection Act 1999, the obligations are generally complementary.

For example, if the use and disclosure of personal information for child protection purposes is authorised under the Child Protection Act 1999, it will generally fall within the Information Privacy Act 2009 exceptions relating to use or disclosure that are required or authorised under an Australian law. In addition, the confidentiality obligations in the Child Protection Act 1999 support good privacy practice.

Collection–openness and control

Child Safety practitioners must proactively apply the privacy principles when dealing with children and families. This includes talking to children and families about how we gather information, who we talk to, how we use their information, how we record information and who we may share information with.

It is also important that children and families are aware of their rights around personal information, for example, that we seek consent wherever possible when collecting and recording sensitive information, that a person can choose to remain anonymous or use a pseudonym when dealing with Child Safety in certain circumstances, and that Child Safety is required to take reasonable steps to provide a privacy notice when collecting personal information. These obligations are discussed below.

Anonymity and pseudonymity (QPP2)

Under the Information Privacy Act 2009 individuals have the right to remain anonymous or use a pseudonym when engaging with Child Safety, unless one of the exceptions applies. Child Safety already facilitates this where possible, for example, notifiers can choose to remain anonymous when reporting concerns.

However, there are situations where it may not be possible to engage with people who have not identified themselves. In these cases, Child Safety practitioners must consider whether Child Safety is required or authorised under an Australian law or a court or tribunal order to deal with identified individuals, or whether it is impracticable to deal with people who have not identified themselves. For example, prospective carers must undergo criminal history checks, and it is not possible to do that if they are not identified.

Collection (QPP3 and QPP4)

Child Safety practitioners should only collect information that is reasonably necessary for, or directly related to, one or more of Child Safety’s functions. As a general principle, Child Safety staff should collect the least amount of information required to undertake a specific task, and not collect information because it might be useful in future.

Lawful and fair means—We must collect personal information only by lawful and fair means (Information Privacy Act 2009, schedule 3, Queensland Privacy Principle 3.5). 

For example, it may be an unlawful collection if you enter a person’s property without legal authority to do so. It may be an unfair collection if you allow a person to believe that they are legally required to provide certain information, if that is not the case.

From the individual it relates to—We must only collect personal information from the individual it relates to, unless one of the exceptions applies (Information Privacy Act 2009, schedule 3, Queensland Privacy Principle 3.6).

For example, you may be authorised to collect personal information about an individual from a third party if the person consents to the collection, or Child Safety is authorised or required to do so under an Australian law or a court or tribunal order, or it is unreasonable or impracticable to only collect from the individual. 

Consent—It is a requirement that sensitive information is only collected if the person consents and it is reasonably necessary for, or directly related to, one or more of Child Safety’s functions or activities, unless one of the exceptions applies (Information Privacy Act 2009, schedule 3, Queensland Privacy Principle 3.3). The exceptions include where:

• the collection is required or authorised under an Australian law or a court/tribunal order 
• the agency is a law enforcement agency and reasonably believes that the collection is reasonably necessary for, or directly related to an agency function or activity, or 
• a permitted general situation exists (Information Privacy Act 2009, schedule 3, Queensland Privacy Principle 3.4).  

A permitted general situation exists in relation to the collection of personal information if:

• it is unreasonable or impracticable to obtain consent, and Child Safety reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual or to public health or safety
• Child Safety has reason to suspect that unlawful activity or serious misconduct relating to Child Safety’s functions or activities has occurred and the collection, use or disclosure is necessary to take appropriate action in relation to the matter
• Child Safety reasonably believes that the collection, use or disclosure is reasonably necessary to help locate a missing person, and it complies with any OIC guideline
• the collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or
• the collection, use or disclosure is reasonably necessary for the purposes of a confidential dispute resolution process. 

Privacy notices and privacy policy (QPP1 and QPP5)

QPP5 requires that individuals are provided with a privacy notice when Child Safety collects personal information about them, even when they are not aware it has been collected (for example, because it has been collected from a third party). 

The privacy notice should be provided at or before the time the information is collected, but if that is not practicable, it should be provided as soon as practicable after the information is collected (Information Privacy Act 2009, schedule 3, Queensland Privacy Principle 5). 

Privacy notices can be in writing (for example, on a form or website), or provided verbally. Where possible, a record should be made that a privacy notice has been provided. 

Privacy notices should include:

• identity and contact details for Child Safety
• the fact that Child Safety collects or has collected personal information from third parties and the circumstances of that collection
• if the collection is required or authorised under an Australian law or court/tribunal order, details of that law or court or tribunal order
• the purposes for which we collect the information
• the main consequences if any, if all or some of the personal information is not collected
• any other agency or entity to whom we usually disclose the personal information 
• that Child Safety’s privacy policy contains information about how to access or correct personal information and how to make a privacy complaint
• whether we are likely to disclose personal information outside Australia, and the countries in which recipients are likely to be located.

Child Safety's Privacy Policy can be accessed on the Information Privacy page of the Child Safety  website.

If you collect personal information from an individual on a recurring basis, it is not necessary to provide a privacy notice every time. However, if a long period of time has elapsed since the notice was provided, or there has been a change in circumstances, you should take reasonable steps to ensure that the person is made aware of those matters.

Unsolicited personal information (QPP4)

Unsolicited personal information is personal information, which is received by Child Safety, that Child Safety took no active steps to collect. The Information Privacy Act 2009 requires that if Child Safety receives personal information it did not solicit, then a decision must be made within a reasonable timeframe about whether or not it could have collected the information under QPP3. 

If Child Safety could not have collected the personal information under QPP3 and the information is not contained in a public record, Child Safety must destroy or de-identify the information as soon as practicable, but only if it is lawful and reasonable to do so. 

Decisions about whether information may be destroyed or de-identified must only be made by authorised persons and generally in consultation with the Records Management team.

Use and disclosure (QPP6 and QPP10)

You should only use or disclose personal information for the purpose for which it was collected (the primary purpose). It should not be used for another purpose (secondary purpose) unless the person has consented or one of the exceptions applies. 
For example, personal information can be used for a secondary purpose if:

• the individual would reasonably expect Child Safety to use or disclose the information for the secondary purpose and:
• if it is sensitive information, it is directly related to the primary purpose, or 
• if it is personal information but not sensitive information, it is related to the primary purpose
• the use or disclosure is required or authorised under an Australian law, or a court or tribunal order, or
• a permitted general situation exists (Refer to Collection (QPP3 and QPP4).

Security (QPP11)

Child Safety must take reasonable steps to protect the personal information it holds from:

• misuse, interference or loss, or 
• unauthorised access, modification or disclosure.

What is reasonable will depend on the sensitivity of the information and the possible consequences of misuse. Because Child Safety handles very sensitive personal information about families’ involvement with Child Safety, including medical and criminal history information, there will be a high threshold for what is reasonable.

Note: Unauthorised access to or disclosure of Child Safety information by a Child Safety practitioner will usually be a breach of their confidentiality and Code of Conduct obligations and may also be a breach of the Criminal Code Act 1899, section 408E. These matters are referred to Professional Standards who will assess whether the matter should also be referred to the Crime and Corruption Commission and the Queensland Police Service.

Access and correction (QPP12 and QPP13)

As part of its transparency obligations, Child Safety is required to give individuals access to personal information Child Safety holds about them and correct that information in certain circumstances.

Access to personal information 

Child Safety has an obligation to give individuals access to personal information which it holds about them unless it is required or authorised to refuse access, for example, under the Right to Information Act 2009 or another law in force in Queensland that provides for access to documents. 

Access may be provided by Child Safety practitioners while performing functions under the Child Protection Act 1999, through an administrative access scheme, or in response to a formal application under the Right to Information Act 2009. 

Note: Access in response to a formal application under the Right to Information Act 2009 is limited to information which is solely about the individual. Because family information is complex, Child Safety practitioners can provide much more meaningful information to children and their families under the Child Protection Act 1999, section 187(3)(a) or (b) than children or families can access using Right to Information processes.

Correction of personal information 

Child Safety also has an obligation to take reasonable steps to correct personal information if it is inaccurate, out of date, incomplete, irrelevant or misleading, unless it is required or authorised to refuse to do so under the Right to Information Act 2009 or another law in force in Queensland that regulates the amendment of personal information. 

Even if Child Safety refuses to correct information, if the person requests that Child Safety place a statement with the information stating that the information is inaccurate, out of date, incomplete, irrelevant or misleading, Child Safety must take reasonable steps to do so in a way that will make the statement apparent to users of the information.

More information about access and amendment is available at Right to Information on the Child Safety website.

Information Privacy and the Human Rights Act 2019

The Human Rights Act 2019 also creates an obligation on Child Safety to protect the privacy of individuals. This obligation is broader than the obligations under the Information Privacy Act 2009 to protect information privacy. Refer to Obligations under the Human Rights Act 2019 for information about how to comply with your obligations under the Human Rights Act 2019.