Australian Law Reform Commission and New South Wales Law Reform Commission, Family Violence – A National Legal Response: Final Report, Report No 114 (2010).
Chapter 30 ‘Information Sharing’ considers the way to improve information flow between critical elements of the family violence system (courts, government agencies and other people and institutions involved in the family violence, family law and child protection systems). These include improving the way information is collected from parties and shared between courts (including the establishment of a national register of relevant court orders), changes to confidentiality and privacy legislation, and the development of information sharing protocols and memorandums of understanding (p.1397). The aim is to ‘avoid, as far as possible, victims falling into gaps between the various systems due to lack of relevant information’ (p.1398).
The report covers a number of issues relating to information sharing. In particular, it examines strategies to improve information sharing. The report notes that barriers to information sharing are not always legislative and are often administrative and cultural. One strategy to remedy this is to put in place information sharing protocols and MOUs between elements in the family law, family violence and child protection systems to clarify and formalise what information can be shared, with whom, and in what circumstances (p.1443). A number of these protocols exist in the child protection area, but they are less common in the family violence context.
Breckenridge, Jan, Susan Rees, Kylie Valentine and Samantha Murray, Meta-evaluation of existing interagency partnerships, collaboration, coordination and/or integrated interventions and service responses to violence against women: Key findings and future directions (ANROWS, 2015).
This paper evaluates existing interagency collaboration and integrated responses to violence against women, of which the criminal justice system is an important element. It provides an overview of approaches to integration and collaboration between sectors, as well as criticisms of current approaches (pp 13-15). An overview of approaches from the US (pp 16-18) the UK (pp 19-20), and other Australian jurisdictions is provided (pp 27-35). The paper also considers the appropriateness of integrated responses for different women, highlighting that women with complex needs, such as Indigenous women, and those in remote and rural areas, may require specific, tailored approaches (pp 21-26). It highlights that integration itself should not be the goal, but that such efforts must be client-focussed (p 14).
Queensland Government, Special Taskforce on Domestic and Family Violence in Queensland, Not Now Not Ever: Putting an End to Domestic and Family Violence in Queensland (2015).
Information sharing is a critical part of an integrated response to domestic and family violence. The report notes that ‘[t]he ability for different agencies to discuss cases and share relevant details on an ongoing basis is at the core of coordinating a tailored response to a person’s individual circumstances. Effective and efficient information sharing ensures that victims of domestic and family violence do not have to re-tell their stories repeatedly to different service providers and enables service providers to provide timely responses, particularly in high-risk cases’. While there are clear benefits to information sharing, there is a need to ensure sufficient safeguards are in place to protect confidentiality. Unnecessary or inappropriate sharing of information could have negative consequences including: ‘destroying relationships of trust between a service provider and a client, leading to disengagement of a client, becoming a barrier to victims’ willingness to seek help. Similarly, information can be untested or based on service provider opinion and could be highly prejudicial to one or both of the parties if used inappropriately in legal proceedings’ (pp.230-231).
Taylor, Annabel, Nada Ibrahim, Shellee Wakefield and Katrina Finn, Domestic and family violence protection orders in Australia: An investigation of information sharing and enforcement: State of knowledge paper (ANROWS, 2015).
In relation to information sharing legislation that pertains to enforcement of protection orders, this report notes that ‘information sharing’ is ‘the sharing or disclosing of personal details between agencies that respond to domestic and family violence, such as police, child welfare authorities and support services as a referral tool, to minimise the risk of victims falling through the cracks and to support victims to more easily and quickly engage with the agency to which they have been referred. Additionally, information sharing can be an important risk management tool, where the circumstances of abuse or risk indicators are shared to ensure that swift action can be taken to address risks, including police investigation, removing a victim to safety and development of a safety plan’ (p.13).
The paper looks at the practice of information sharing (pp40-43). It notes that for the effective enforcement of protection orders, ‘coordinated integrated responses that are adequately resourced are important’. This facilitates access to relevant services through inter-agency referrals and therefore fosters victim safety, and allows awareness of the risk to the victim and the behaviour and dangerousness of the perpetrator (p.40). Integrated responses are reliant on mechanisms for inter-agency collaborations, particularly through information sharing protocols.
Care should be taken with this report as many jurisdictions have changed their legislation since this report was produced.
Western Australia, Western Australia’s Family and Domestic Violence Prevention Strategy to 2022: Achievement Report to 2013 (2013).
‘In 2009–2010 the ‘Memorandum of Understanding: Information sharing between agencies with responsibilities for preventing and responding to family and domestic violence in Western Australia’ (MoU) was endorsed and signed by State and Commonwealth Government agencies. In 2010–2011 community sector agencies provided their endorsement and became signatories to the MoU. The MoU provides recognition of ‘duty of care’ including the commitment to share information without client consent if: the case is assessed to be high risk; a crime has been committed or is going to be committed; it is believed a child is likely to suffer significant harm; or a client is in need of urgent medical or psychiatric care. In 2013, the MoU was updated to reflect changes in multi agency case management and signature agencies were invited to provide their ongoing endorsement’ (p.9). The Report provides an overview of these initiatives.
Victoria, Royal Commission into Family Violence, Summary and Recommendations (2016).
Chapter 7 discusses information sharing in relation to family and domestic violence generally. The Report notes that legislation alone will not create a culture of information sharing throughout the family violence system. Further, Chapter 16 of the report discusses court-based responses to family violence in Victoria. Of particular relevance, the report discusses the limitations on information sharing between courts and other parts of the family violence system.
Information-sharing provisions in domestic and family violence legislation vary in scope and detail between jurisdictions (see Table 1 below). The practice of information sharing involves interagency coordination and cooperation through protocols developed and regularly reviewed in collaboration between courts, the police and service agencies. These protocols have been shown to improve responses to the enforcement of protection orders, including improved approaches to the assessment and management of risk. There are also differences in how jurisdictions have legislated to prevent the inappropriate sharing of information and to protect people’s privacy.
In addition, all Australian jurisdictions have enacted information-sharing provisions facilitating the National Domestic Violence Orders Scheme (NDVOS), under which a domestic violence order issued on or after 25 November 2017 is automatically nationally enforceable. Every jurisdiction has enacted provisions that enable its courts or law enforcement agencies to obtain information about a DVO from a court or law enforcement agency in another jurisdiction, and use that information for the purpose of making, varying or revoking a DVO. The provisions further require courts or law enforcement agencies in one jurisdiction to provide information about a DVO to a court or law enforcement agency of another jurisdiction that the court or law enforcement agency reasonably requests for the purposes of exercising its functions.
Recent research indicates that the broader potential for sharing information between state/territory agencies responsible for responding to domestic and family violence, such as police, courts, child welfare and health authorities and support and referral services, has become an important factor in the overall effectiveness of responses to domestic and family violence. Information sharing in this context may mean that victims of violence are more likely to engage with the agency to which they have been referred if they know they will not be required to repeatedly re-tell their experiences to other agencies, and therefore avoid further trauma and distress. In addition, where the details of past violence or the risks of future violence are shared between agencies, timely action may be taken to address the risks and to ensure the safety and protection of the victim and other people at risk of harm.
Following a 2019 Australian Law Reform Commission Inquiry which recommended improved national information sharing, the National Strategic Framework for Information Sharing Between Family Law and Family Violence and Child Protection Systems (‘National Strategic Framework’) was endorsed by the then Meeting of Attoneys-General in 2021. The National Strategic Framework aims to create ‘nationally consistent two-way information sharing between the federal family law courts and state and territory courts, child protection, policing and firearms agencies.’ to aid in effective decision-making in matters where individuals are subjected to (or at risk of being subjected to) family violence, child abuse, or neglect.
Link to the National Strategic Framework here
Parts of the National Strategic Framework have been operationalised by the Family Law Amendment (Information Sharing) Act 2023 (‘Information Sharing Amendment’), which has introduced changes to improve how entities exchange information relating to family violence, child abuse, and neglect. The Information Sharing Amendment has repealed s 69ZW Family Law Act (‘FLA’) and introduced the new broader Part VII Subdivision DV FLA, which empowers the family law courts to make two different types of orders requiring ‘information sharing agencies’ to provide particulars, documents or information in their possession and control relating to family violence, abuse and neglect risks in child-related proceedings. The amendments aim to ensure that family law court decision-makers have timely access to relevant information at all stages of proceedings.
The National Strategy Framework builds on the Commonwealth implemented Co-location Program, which has co-located State and Territory child protection and police officials in Family Law Court registries across Australia since early 2020. Co-locating State and Territory officials within family law court registries aims to improve inter-jurisdictional understanding and cooperation, leading to better information sharing practices between the family law, family violence, and child protection systems.
Table 1:
Jurisdiction | Information sharing provisions under domestic violence legislation | Information sharing provisions under NDVOS |
|---|---|---|
Commonwealth | Part VII Subdivision DA Family Law Act (Cth): empowers the family law courts to make two different types of orders requiring ‘information sharing agencies’ to provide particulars, documents or information in their possession and control relating to family violence, abuse and neglect risks in child-related proceedings. | N/A |
Australian Capital Territory | s18 Domestic Violence Agencies Act 1986 (ACT) – if ACT/Federal police reasonably suspect domestic violence is being/has been committed/is likely, they may disclose to an approved crisis support agency (s17) any information that will help the agency to assist the victim/children. | Part 9, Div. 9.4 Family Violence Act 2016 (ACT) |
New South Wales | Part 13A Information Sharing (ss 98C-98L) Crimes (Domestic and Personal Violence) Act 2007 (NSW) – Provides for disclosure by limited agencies (government and health), court, police, designated referral/coordination points to referral/coordination points and support agencies in relation to personal and health information about the victim and (alleged) perpetrator for the purposes of arranging/providing support to the victim, and where there is a domestic violence threat. Disclosure by government/health agencies and support agencies requires the consent of (and by a court - no express objection by) the threatened person/victim (s98D, E, H). S98J Protocols may be required for this collection, use and disclosure of information. s98M A government /health agency may collect/use /disclose information if it reasonably believes the threat is serious, disclosure is necessary to prevent/lessen the threat and consent of the victim has been refused or is unreasonable/impractical to obtain. The NSW Justice Department has developed a protocol for sharing and dealing with information under Part 13A available here. | Part 13B, Div. 4, Crimes (Domestic and Personal Violence) Act 2007 (NSW) |
Northern Territory | s124A Domestic and Family Violence Act 2007 (NT) Failure of an adult to report to the police harm (or likely harm) or serious/imminent threat because of domestic violence is an offence. S124A(4) Police must investigate such a report. s125 Domestic and Family Violence Act 2007 (NT) Such a report made in good faith is not a breach of a professional code of conduct and cannot attract civil or criminal liability – the report/reporter may only be used in proceedings with leave of the court. Sections 3(2)(d), 4, Chapter 5A Domestic and Family Violence Act 2007 (NT) provides for disclosure by police, government and health agencies if the entity has reasonable grounds to believe that a person is experiencing domestic violence and the information would help reduce a threat to their health or safety (s 124E). An information sharing entity should obtain the consent of the person unless it is not possible to do so. In the case of Aboriginal persons, disclosure should promote cultural safety and be culturally sensitive (s 124C). | Chapter 3A, Part 3A.4 Domestic and Family Violence Act 2007 (NT) |
Queensland | Part 3 Domestic violence orders s55 Domestic and Family Violence Protection Act 2012 (Qld) If the respondent is contesting the naming of a child on the protection order or conditions relating to the child, the court may request relevant information from the child protection authority. The parties must be given a copy and the opportunity to make submissions on the information received unless it would expose the victim or a child at increased risk of domestic and family violence. Part 5A Information Sharing ss169A – s169O Domestic and Family Violence Protection Act 2012 (Qld) Government entities and specialist DFV service providers may give information to another government entity or specialist DFV service provider for assessing domestic violence threat or for responding to serious domestic violence threat. A support service provider (other than a specialist DFV service provider) may give information to government entity, specialist DFV service provider or other support service provider for responding to serious domestic violence threat. Whenever safe, possible and practical, a person’s consent should be obtained before information sharing. However, safety and protection takes precedence over a person’s consent. Government entity or specialist DFV service provider may use information given to it to assess whether there is a serious threat to a person’s life, health or safety or to lessen or prevent a serious threat. A support service provider may use information given to it to lessen or prevent a serious threat to a person’s life, health or safety. Guidelines for sharing and dealing with information under Part 5A have been developed pursuant to s169M and are available here. | Part 6, Div. 5 Domestic and Family Violence Protection Act 2012 (Qld) |
Tasmania | s37 Family Violence Act 2004 (Tas) – It is not a breach of the Personal Information Act 2004 (Tas) (which regulates the collection and use of information) for an agency under that Act, acting in good faith, to collect, use, disclose personal information for the purpose of furthering the objects of the Family Violence Act. s39 Family Violence Act 2004 (Tas) Providing information (voluntarily or as required) to police based on a belief/reasonable suspicion of family violence (or likely family violence) with weapon, physical, sexual violence or where child affected, is not a breach of professional ethics/requirements and cannot, if done in good faith, incur civil or criminal liability. | |
Victoria | s140 Family Violence Protection Act 2008 (Vic) – Information from an interview or report relating to (respondent) court ordered counselling may be used in proceedings for a contravention relating to counselling orders or the underlying offence. (Power relating to court ordered counselling is limited to the Family Violence Court Division or other court specified by the Minister s126). Part 5A Information Sharing ss144A-144SG Family Violence Protection Act 2008 (Vic) ‘Information sharing entities’ (prescribed by regulation) may share any personal, health or sensitive information relevant to assessing and/or managing family violence between each other, provided the information is not excluded; sharing it does not contravene another law; and applicable consent requirements have been met. The information may relate to a victim survivor, alleged or established perpetrator or third party. Information may be shared for a “family violence assessment purpose” or “family violence protection purpose” and the relevance and reasonable belief required to share the information varies according to the purpose. Consent requirements vary according to the party to whom the information relates. Information sharing entities must comply with requests for information meeting the requirements of Part 5A. Guidelines for sharing and dealing with information under Part 5A have been developed pursuant to s 144P and are available, alongside various other resources on the Part’s operation, here. | |
Western Australia | s70A Restraining Orders Act 1997 (WA) – Limited government agencies, including police and children’s services, may disclose to each other information about person protected by an order or affected child if the disclosure is necessary to ensure the safety of the person protected or the wellbeing of a child. | |
South Australia | s38 Intervention Orders (Prevention of Abuse) Act 2009 (SA) – A public sector agency or contractor that is bound by the State's Information Privacy Principles, must, on request, make available to a police officer information to assist in locating a person for service of a protection order. | Part 3A, Div. 4 Intervention Orders (Prevention of Abuse) Act 2009 (SA) |
Information-sharing provisions in domestic and family violence legislation vary in scope and detail between jurisdictions (see Table 1 below). The practice of information sharing involves interagency coordination and cooperation through protocols developed and regularly reviewed in collaboration between courts, the police and service agencies. These protocols have been shown to improve responses to the enforcement of protection orders, including improved approaches to the assessment and management of risk. There are also differences in how jurisdictions have legislated to prevent the inappropriate sharing of information and to protect people’s privacy.
In addition, all Australian jurisdictions have enacted information-sharing provisions facilitating the National Domestic Violence Orders Scheme (NDVOS), under which a domestic violence order issued on or after 25 November 2017 is automatically nationally enforceable. Every jurisdiction has enacted provisions that enable its courts or law enforcement agencies to obtain information about a DVO from a court or law enforcement agency in another jurisdiction, and use that information for the purpose of making, varying or revoking a DVO. The provisions further require courts or law enforcement agencies in one jurisdiction to provide information about a DVO to a court or law enforcement agency of another jurisdiction that the court or law enforcement agency reasonably requests for the purposes of exercising its functions.
Recent research indicates that the broader potential for sharing information between state/territory agencies responsible for responding to domestic and family violence, such as police, courts, child welfare and health authorities and support and referral services, has become an important factor in the overall effectiveness of responses to domestic and family violence. Information sharing in this context may mean that victims of violence are more likely to engage with the agency to which they have been referred if they know they will not be required to repeatedly re-tell their experiences to other agencies, and therefore avoid further trauma and distress. In addition, where the details of past violence or the risks of future violence are shared between agencies, timely action may be taken to address the risks and to ensure the safety and protection of the victim and other people at risk of harm.
Following a 2019 Australian Law Reform Commission Inquiry which recommended improved national information sharing, the National Strategic Framework for Information Sharing Between Family Law and Family Violence and Child Protection Systems (‘National Strategic Framework’) was endorsed by the then Meeting of Attoneys-General in 2021. The National Strategic Framework aims to create ‘nationally consistent two-way information sharing between the federal family law courts and state and territory courts, child protection, policing and firearms agencies.’ to aid in effective decision-making in matters where individuals are subjected to (or at risk of being subjected to) family violence, child abuse, or neglect.
Link to the National Strategic Framework here
Parts of the National Strategic Framework have been operationalised by the Family Law Amendment (Information Sharing) Act 2023 (‘Information Sharing Amendment’), which has introduced changes to improve how entities exchange information relating to family violence, child abuse, and neglect. The Information Sharing Amendment has repealed s 69ZW Family Law Act (‘FLA’) and introduced the new broader Part VII Subdivision DV FLA, which empowers the family law courts to make two different types of orders requiring ‘information sharing agencies’ to provide particulars, documents or information in their possession and control relating to family violence, abuse and neglect risks in child-related proceedings. The amendments aim to ensure that family law court decision-makers have timely access to relevant information at all stages of proceedings.
The National Strategy Framework builds on the Commonwealth implemented Co-location Program, which has co-located State and Territory child protection and police officials in Family Law Court registries across Australia since early 2020. Co-locating State and Territory officials within family law court registries aims to improve inter-jurisdictional understanding and cooperation, leading to better information sharing practices between the family law, family violence, and child protection systems.
Table 1:
Jurisdiction | Information sharing provisions under domestic violence legislation | Information sharing provisions under NDVOS |
|---|---|---|
Commonwealth | Part VII Subdivision DA Family Law Act (Cth): empowers the family law courts to make two different types of orders requiring ‘information sharing agencies’ to provide particulars, documents or information in their possession and control relating to family violence, abuse and neglect risks in child-related proceedings. | N/A |
Australian Capital Territory | s18 Domestic Violence Agencies Act 1986 (ACT) – if ACT/Federal police reasonably suspect domestic violence is being/has been committed/is likely, they may disclose to an approved crisis support agency (s17) any information that will help the agency to assist the victim/children. | Part 9, Div. 9.4 Family Violence Act 2016 (ACT) |
New South Wales | Part 13A Information Sharing (ss 98C-98L) Crimes (Domestic and Personal Violence) Act 2007 (NSW) – Provides for disclosure by limited agencies (government and health), court, police, designated referral/coordination points to referral/coordination points and support agencies in relation to personal and health information about the victim and (alleged) perpetrator for the purposes of arranging/providing support to the victim, and where there is a domestic violence threat. Disclosure by government/health agencies and support agencies requires the consent of (and by a court - no express objection by) the threatened person/victim (s98D, E, H). S98J Protocols may be required for this collection, use and disclosure of information. s98M A government /health agency may collect/use /disclose information if it reasonably believes the threat is serious, disclosure is necessary to prevent/lessen the threat and consent of the victim has been refused or is unreasonable/impractical to obtain. The NSW Justice Department has developed a protocol for sharing and dealing with information under Part 13A available here. | Part 13B, Div. 4, Crimes (Domestic and Personal Violence) Act 2007 (NSW) |
Northern Territory | s124A Domestic and Family Violence Act 2007 (NT) Failure of an adult to report to the police harm (or likely harm) or serious/imminent threat because of domestic violence is an offence. S124A(4) Police must investigate such a report. s125 Domestic and Family Violence Act 2007 (NT) Such a report made in good faith is not a breach of a professional code of conduct and cannot attract civil or criminal liability – the report/reporter may only be used in proceedings with leave of the court. Sections 3(2)(d), 4, Chapter 5A Domestic and Family Violence Act 2007 (NT) provides for disclosure by police, government and health agencies if the entity has reasonable grounds to believe that a person is experiencing domestic violence and the information would help reduce a threat to their health or safety (s 124E). An information sharing entity should obtain the consent of the person unless it is not possible to do so. In the case of Aboriginal persons, disclosure should promote cultural safety and be culturally sensitive (s 124C). | Chapter 3A, Part 3A.4 Domestic and Family Violence Act 2007 (NT) |
Queensland | Part 3 Domestic violence orders s55 Domestic and Family Violence Protection Act 2012 (Qld) If the respondent is contesting the naming of a child on the protection order or conditions relating to the child, the court may request relevant information from the child protection authority. The parties must be given a copy and the opportunity to make submissions on the information received unless it would expose the victim or a child at increased risk of domestic and family violence. Part 5A Information Sharing ss169A – s169O Domestic and Family Violence Protection Act 2012 (Qld) Government entities and specialist DFV service providers may give information to another government entity or specialist DFV service provider for assessing domestic violence threat or for responding to serious domestic violence threat. A support service provider (other than a specialist DFV service provider) may give information to government entity, specialist DFV service provider or other support service provider for responding to serious domestic violence threat. Whenever safe, possible and practical, a person’s consent should be obtained before information sharing. However, safety and protection takes precedence over a person’s consent. Government entity or specialist DFV service provider may use information given to it to assess whether there is a serious threat to a person’s life, health or safety or to lessen or prevent a serious threat. A support service provider may use information given to it to lessen or prevent a serious threat to a person’s life, health or safety. Guidelines for sharing and dealing with information under Part 5A have been developed pursuant to s169M and are available here. | Part 6, Div. 5 Domestic and Family Violence Protection Act 2012 (Qld) |
Tasmania | s37 Family Violence Act 2004 (Tas) – It is not a breach of the Personal Information Act 2004 (Tas) (which regulates the collection and use of information) for an agency under that Act, acting in good faith, to collect, use, disclose personal information for the purpose of furthering the objects of the Family Violence Act. s39 Family Violence Act 2004 (Tas) Providing information (voluntarily or as required) to police based on a belief/reasonable suspicion of family violence (or likely family violence) with weapon, physical, sexual violence or where child affected, is not a breach of professional ethics/requirements and cannot, if done in good faith, incur civil or criminal liability. | |
Victoria | s140 Family Violence Protection Act 2008 (Vic) – Information from an interview or report relating to (respondent) court ordered counselling may be used in proceedings for a contravention relating to counselling orders or the underlying offence. (Power relating to court ordered counselling is limited to the Family Violence Court Division or other court specified by the Minister s126). Part 5A Information Sharing ss144A-144SG Family Violence Protection Act 2008 (Vic) ‘Information sharing entities’ (prescribed by regulation) may share any personal, health or sensitive information relevant to assessing and/or managing family violence between each other, provided the information is not excluded; sharing it does not contravene another law; and applicable consent requirements have been met. The information may relate to a victim survivor, alleged or established perpetrator or third party. Information may be shared for a “family violence assessment purpose” or “family violence protection purpose” and the relevance and reasonable belief required to share the information varies according to the purpose. Consent requirements vary according to the party to whom the information relates. Information sharing entities must comply with requests for information meeting the requirements of Part 5A. Guidelines for sharing and dealing with information under Part 5A have been developed pursuant to s 144P and are available, alongside various other resources on the Part’s operation, here. | |
Western Australia | s70A Restraining Orders Act 1997 (WA) – Limited government agencies, including police and children’s services, may disclose to each other information about person protected by an order or affected child if the disclosure is necessary to ensure the safety of the person protected or the wellbeing of a child. | |
South Australia | s38 Intervention Orders (Prevention of Abuse) Act 2009 (SA) – A public sector agency or contractor that is bound by the State's Information Privacy Principles, must, on request, make available to a police officer information to assist in locating a person for service of a protection order. | Part 3A, Div. 4 Intervention Orders (Prevention of Abuse) Act 2009 (SA) |