What is the difference between a section 159M request and a section 159N request?

Chapter 5A of the Child Protection Act 1999 (The Act), allows the sharing of relevant information between government agencies, and between government agencies and non-government service providers, who provide services to children and families. The purpose of the information sharing provisions of the Act is to remove barriers to the exchange of relevant information to promote a child’s well-being, to effectively meet their protection and care needs, to facilitate the coordination of service delivery to relevant children and families, and, if necessary to protect staff while they are performing their functions.

Section 159M The Act, section 159M, allows 'prescribed entities' to share 'relevant information' with 'service providers'.

The department may give 'relevant information' to a 'service provider' if it is for the purpose listed in the definition of 'relevant information' (section 159(C)(1)). Information may be provided if (but not limited to):

it is information the department reasonably believes may help the service provider to assess or respond to the health, educational or care needs of a relevant child or

it is information the department needs to make plans or decisions relating to, or provide services to, a relevant child or the child's family.

The provisions do not prescribe how the information should be shared and it can be shared either verbally or in writing. In many circumstances, information shared at the local level between service providers (for example, to facilitate the assessment, planning, implementation and review of a case plan) will be shared verbally.

It is recommended that all information obtained verbally or by email, be recorded in a case note (using the QPS “Info received from QPS” case note).

Section 159N

The department has been provided with a specific provision to request relevant information from prescribed entities. When the department requests that a prescribed entity provide information in the entity’s possession or control, the entity must comply with the request.

The provision does not prescribe how the information is to be requested, however, when the department is using this provision, the request will always be in writing and will clearly state that the request is being made under section 159N.

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Requesting Information From Prescribed EntitiesStaff Practice Tips and Guidelines

December 2016

Only 'relevant information' can be requested by the department, and must be in the entity's possession or control. Relevant information is anything that has a link to the child. In a legal sense, it is anything that may be relied upon or is relevant to prove what you have to prove for the child protection order application. All information, including information received for completing an s95 request, must be recorded in ICMS for future reference.

Even though the agency must comply with the request under this section of the Act, there are certain provisions whereby an agency might withhold information. This could include (but is not limited to) instances whereby the giving of the information could reasonably:

prejudice an investigation enable the existence or identity of a confidential source of information, in relation to the

enforcement or administration of a law; or reveal a record of confidential therapeutic counselling without the consent of those involved; endanger a person’s safety or psychological health; or it may identify a notifier under the Act; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating

or dealing with a contravention or possible contravention of a law; or it contains personal information that is not relevant to the case; and it would not be in the public interest to give the information.

CSSC managers and regional directors have the delegation to authorise a section 159N request. It is anticipated that section 159N requests will be used less frequently than section 159M requests as the information sharing provisions under section 159M, allow for full collaboration and information sharing between agencies to meet the protection and care needs of children and their families.

Share relevant information - section 159MMake an ‘information request’ - section 159N

What is the difference between a section 95 and a section 159 request?

Section 95 Section 95(3) of the Act allows the department to request (to QPS) a person’s criminal and domestic violence history at any time a decision is being made in relation to a child. Specifically, the department may ask the QPS to give the department a written report about the criminal history and domestic violence history of:

a parent/carer or guardian of the child; or and adult member of a parent’s household; or an adult against whom an allegation of harm or risk of harm to a child has been made

All section 95 requests are processed by the Central Screening Unit (CSU) in the department. Once complete, the request is forwarded to the Police Information Centre for a response. The CSU is unable to forward the section 95 requests to QPS if the mandatory fields are incomplete. If these details are not known, the local Child Protection and Investigation Unit (CPIU), may assist in providing relevant information to enable the spreadsheet to be completed. This information is obtained from CPIU under the section 159M. In these instances, complete a Request for Information Form S159 and ensure the appropriate box is selected to indicate that the section 159 form is being completed for the purpose of completing a section 95 request.

Please note: all section 95 requests are processed by the Police Information Centre and not by CPIU and/or SCAN representatives.

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Tips for completing the s159 Form

Section A – Mandatory

ICMS ICMS needs to be checked prior to ALL information requests being sent to the prescribed entity. It is imperative that all information requests (and responses) are saved in ICMS (and labelled accordingly) to avoid multiple information requests being sent.

QPS information can now be recorded and attached to the ‘”Info received from QPS” case note. See below. Staff can then filter by case note type. A separate search will need to be conducted for PNC information in the PNC event.

As a case progresses, there may be need for updated information, particularly for court proceedings where there is an expectation that information is current. In these instances, the prescribed entity will need to be clearly informed that this is the reason for the multiple requests.

Section B – Mandatory Contextual Information for S159 requests

RATIONALE In order for the prescribed entity to supply information to the department, information requests need to specifically relate to the notified concerns. A link must be established in relation to the relevance of material requested and the material supplied.

In order to facilitate prompt receipt of relevant information, it is essential to:o Be specific with regards to the type of information required e.g. traffic history,

domestic violence historyo Where appropriate, provide an approximate timeframe period (e.g. last 3

months). The onus however will remain with the prescribed entity in terms of providing relevant information (even if the information falls outside of the timeframe).

SCAN Please check with your SCAN Team Coordinator if possible, prior to submitting the information request form.

It may be the case that the information you need, is contained in SCAN Team

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records. An additional information request may then not be required. In the event that SCAN information cannot be obtained prior to completing the

information request, submit the information request as per normal (and select the ‘unknown’ prompt box in the SCAN section).

Section C –Information required to complete a s95 request

Only complete this section if you require additional information in relation to a S95 request (i.e. a person’s date of birth).It is important in this section that you clearly identify what information you need and for whom.

Section D –Information required to complete a s95 request

Current delegations for approving both a Section 159 M and N are:

Team Leader (Section 159M) Manager / Regional Director (Section 159N)

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Appendix 1

Date of Request: 11 November 2016Information is requested from the following prescribed entity:QLD Police Service Queensland Health Department of Education and Training Disability Services Department of Justice and Attorney-General Housing Services and Public Works Other – please specify ……………………

The information requested as per the Child Protection Act 1999 relates specifically to: Section 159M – complete Section A & B & D Section 159N – complete Section A & B & D Information gathering for the purpose of completing a s95 (QPS requests only) – complete Section A & C & D

Section A – Mandatory

Family DetailsFamily name (include alias):

Given names: Date of birth: Home address: Gender Relationship to child:

SMITH John 12/12/1988 123 Fake Street Runaway Bay, QLD 4874

Male Father

JANE Lisa 10/12/1987 Unknown Female Mother

BROWN Ralph 10/01/2016 Unknown Male Subject Child

Other Relevant Family MembersFamily name (include alias):

Given names: Date of birth: Home address: Gender: Relationship to child:

MAKE Jason 31/04/1987 5 Knock Knock StreetKingston, QLD 4207

Male Mother’s Partner

Integrated Client Management System (ICMS)

Date ICMS check completed

ICMS check completed 21 October 2016.

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Has this prescribed entity previously provided information in relation to this family? (Please articulate if the previously provided information is in relation to a prior child protection matter or if it relates to the current child protection concerns).

No Yes If yes, please provide a brief date and a description of what information was provided:Case note located in ICMS. Information in relation to previous DV, criminal history and call outs to the address of 123 Fake Street, Runaway Bay was provided by the QPS on the 2/09/2016.

Section B – Mandatory Contextual Information for S159 requests

Summary of Current Child Protection Concerns (notified concerns) The family is currently subject to a current investigation following concerns that Lisa JANE has

removed Ralph BROWN from the care of his father.  There are significant concerns for Ralph’s safety given previous child protection concerns raised in

relation to Ms JANE and her capacity to parent Ralph.  Additional concerns have been received in relation to Ms JANE recommencing her relationship with

previous partner Jason MAKE 31/04/1987 and ongoing serious domestic violence between the two parties. 

It is reported that Ms JANE has been residing in several women’s refuges with Ralph however has been kicked out of these refuges as she has allowed unknown persons in. 

Ms JANE’s current whereabouts are unknown.   The contact number of 0414656787 held by our department is no longer connected.  Police have recently spoken to Jason MAKE who advised that there was a DV order between Ms

JANE and himself however he was not aware of the conditions.  He further advised that Ms JANE had made false allegations against him and this resulted in police

raiding his parents’ home at 5 Knock Knock Street Kingston.

Information required – Rationale

Based on the child protection concerns, please outline what relevant information is required including a rationale (please refer to Section 159c of the Child Protection Act 1999 - ‘what is relevant information’).

For QPS requests, information may include such things as: Criminal history. For an official version (for court proceedings) a s95 request is required Domestic Violence (DV order information, conditions and incidences) Traffic history information Relevant call out information Details of a specific incident (as nominated by the department. Please include in your rationale why this

information is required and any details of the specific incident i.e. date, offence)

Based on the notified child protection concerns, the department would like to know any information in relation to:

Domestic violence orders/conditions in place between Jason MAKE and Lisa BROWN. Any reported incidents of domestic violence after 2/9/2016 between Jason MAKE and Lisa

BROWN. Relevant call outs to 123 Fake Street, Runaway Bay. Relevant call outs to 5 Knock Knock Street, Kingston.

Information will be used for court proceedings

No Yes Currently unknown

Has this matter gone before SCAN:

No Currently unknown Yes If yes, what date was the matter discussed at SCAN:

SCAN Coordinator has confirmed that this family has not been

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referred to SCAN (as per the SCAN system). IT system check 16/9/2016 and the matter has not been to SCAN.

Section C –Information required to complete a s95 request

Please tick which information is required: Please indicate to whom the information relates:

Name (including middle name and aliases) Date of birth City / town and state of birth Country of birth Last known address

Section D –Authority for Request (Mandatory)

Requesting OfficerNamePositionSignatureEmail TelephoneDate

Approving Officer NamePositionSignatureEmail TelephoneDate

Important note: The Childrens Court Rules 2016 and the Director of Child Protection Litigation Act 2016 introduce a duty of disclosure in child protection proceedings in Queensland. This duty is applicable to the Department of Communities, Child Safety and Disability Services and the Director of Child Protection Litigation (DCPL). Any information provided pursuant to sections 159M or N, to the department may be provided to the parties in proceedings including the parents.

Please advise whether the above information should not be disclosed pursuant to s191 of the Child Protection Act 1999 (for example, disclosure may jeopardise a police investigation, endanger a person’s safety or psychological health; identify a notifier or is in some other way confidential).

Section E –Response by Prescribed Entity (Optional)

<Insert Text>

Information Provided by:NamePosition/ AgencyEmail

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TelephoneDate

Approving Officer: (If applicable)NamePosition / AgencyEmail TelephoneDate

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