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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-05 Daily Xml
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CHILD PROTECTION

In reply to the Hon. A. BRESSINGTON (29 July 2008).

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy): The Minister for Education has provided the following information:

All public servants including school staff are required to comply with the standards issued by the Commissioner for Public Employment. Standard 4—Managed Performance, Appendix A, states:

This standard provides guidance for situations where Members of Parliament request information that is not publicly available from public servants, officers of statutory authorities and other public employees.

All requests by Members of Parliament for detailed information from public officials must be submitted to the appropriate Minister, who if in agreement with the request, will initiate the necessary arrangements…If an employee is approached directly by a Member of Parliament for information, the Member is to be referred to the Minister responsible and the Minister informed through the chief executive of the agency that the request has been made.

The release of personal information is subject to Cabinet Administrative Instruction No 1 of 1989, Information Privacy Principles Instruction. Paragraph 4(10) states:

An agency should not disclose personal information about some other person to a third person unless:

(a) the record-subject has expressly or impliedly consented to the disclosure;

Teachers are mandatory notifiers under the provisions of the Children's Protection Act 1993 and are required to make appropriate reports to the Department of Families and Communities as required by the Act.

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