The below outlines the terms and conditions associated with the release of this information to the external party receiving information from Marist180. These terms and conditions are based upon legislated requirements, which are linked as appropriate. It is the responsibility of any party receiving information to be aware of the legislated requirements of release and to use the information released in line with these requirements.

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16A Client Information Release

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Marist180 have provided this information because we reasonably believe it could assist you, as a prescribed body, to make a decision, assessment, or plan; initiate or conduct an investigation; provide a service or manage any risk that might arise in the recipient’s capacity as an employer or designated agency in relation to the safety, welfare or wellbeing of a child or young person, under Chapter 16A of Children and Young Persons (Care and Protection) Act 1998 No 157 – NSW Legislation (the Act).

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Section 245C of the Act allows a prescribed body to provide another prescribed body information they hold that relates to the safety, welfare or wellbeing of a particular unborn child, child, young person or class of children or young persons.

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Marist180 has released this information on the basis that there is a lawful reason to do so, in accordance with the provisions of Chapter 16A.

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The information has been released to you in good faith to assist you to promote the safety, welfare or wellbeing of the relevant children.

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In accordance with section 29(1)(f) of the Act, information that could identify persons who made risk or harm or risk of significant harm reports to DCJ has not been included.

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Should you decide, in accordance with Chapter 16A, to provide some or all of this information, either on your own motion or in response to a request from a prescribed body, the information can only be shared in accordance with the processes and principles of Chapter 16A.

 

If you or another requesting organisation seek to release this information for any purpose other than those described in Chapter 16A, you may not be permitted to release it. Please contact Marist180 or to the original creator of the information to clarify.

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Any information provided herewith are not to be used in any court or tribunal proceedings. Should the matter proceed to court, the information should be subpoenaed or summonsed.

 

Please note that the below, unless directly related to the purpose of your request, has not been provided or may have been redacted:

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• Third party personal information

• Identity of people who have made a ROSH report

• Documents subject to legal professional privilege (privileged communications between a client and its legal representative)

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Please contact the person who has provided this information should you wish to discuss the matter further.

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Other Resources to review

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• Checklist for receiving information under Chapter 16A (ngolearning.com.au)

• OOHC Transition policies, procedures, and tools – Information Exchange

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Victims of Crime Out of Home Care Release

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Marist180 refer to the request to produce documents (the Request) issued upon Marist180 (Marist Youth Care). The documentation produced has been provided to the Department of Communities and Justice (DCJ) pursuant to the Children and Young Persons (Care and Protection) Act 1998 and the Funding Deed and Program Level Agreement between the Department of Family and Community
Services and Marist180.

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Marist180 have provided the requested documentation in an unredacted format on the basis that confidentiality and the privacy of these records will be maintained. Please note that the below, unless directly related to the purpose of your request, has not been provided:

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• Third party personal information

• Documents subject to legal professional privilege (privileged communications between a client and its legal representative)

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Please contact the person who has provided this information should you wish to discuss the matter further.

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Client Service Delivery Release – non-16A requests, including release of information related to adults

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Marist180 has released information on the basis that the client in our care has provided Marist180 the authority to obtain and release information on their behalf for the purposes of this referral or provision of services.

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Any information provided herewith is not to be provided to other parties without first seeking approval from the client or Marist180 on their behalf. Should these documents be required by a matter proceeding to court, the information should be subpoenaed or summonsed.

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Please note that the below, unless directly related to the purpose of your request, has not been provided or may have been redacted:

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• Third party personal information

• Identity of people who have made a ROSH report

• Subject to legal professional privilege (privileged communications between a client and its legal representative)

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Please contact the person who has provided this information should you wish to discuss the matter further.

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Subpoena or Notice to Produce Release

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Marist180 refer to the request/subpoena/notice to produce documents (the Request) issued upon Marist180 (Marist Youth Care).

 

The documentation produced has been provided pursuant to the notice to produce issued, on the basis that there is a relevant legal basis for the request.

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Marist180 provide the requested documentation on the basis that confidentiality and the privacy of these records will be maintained.

 

Please note that the below, unless directly related to the purpose of your request, has not been provided or may have been redacted:

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• Third party personal information

• Identity of people who have made a ROSH report

• Documents subject to legal professional privilege (privileged communications between a client and its legal representative)

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Please contact the person who has provided this information should you wish to discuss the matter further.

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Client File Release

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Marist180 have released to you the contents of your client file from your time in Marist180’s care.
 

This has been provided in response to your request for file release, under Sections 168 and 169 of the Children and Young Persons (Care and Protection) Act 1998 No 157 – NSW Legislation (the Act).

 

Please note that your full file may have included some records we are not legally allowed to share with you. This information has been withheld in the copy provided to you, primarily related to:

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• Third party personal information

• Identity of people who have made a ROSH report

• Communication between a lawyer and a client

• Certain court documents

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In line with Department of Communities and Justice advice: Accessing your care records | Family &Community Services (nsw.gov.au)

 

Support while accessing your records

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Accessing your records can bring up emotions, these feelings can be positive or can sometimes be upsetting or overwhelming. We recommend that you have a support person with you throughout the process.

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If you would like somebody from Marist180 to support you while you review these records, please let us know.

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You can also access support from one of the below services:

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• Community Service Centres – If you live in NSW, a caseworker can be made available to help you to read your records or to answer questions and provide support if you choose to read your records at a Community Services Centre. You can find a list of Community Services Centres at www.facs.nsw.gov.au/about/contact/csc

• Find and Connect – Find and Connect Support Services provide specialist trauma informed counselling, referral services, peer, education and social support programs, assistance to locate and access records and reconnect with family members (where possible) for people who were placed in out-of-home care in Australia. Phone: 1800 16 11 09 (from anywhere in Australia); Website: www.findandconnect.gov.au

• Care Leavers Australasia Network (CLAN) – CLAN is a national, not-for-profit advocacy organisation for care leavers of all ages. CLAN provide information, advocacy, telephone support, referrals, and assistance with reading files. Phone: 1800 008 774 (free call); Email: support@clan.org.au; Website: www.clan.org.au

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Child-Related Information Provided to Police

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In the event where a client has gone missing, Marist180 have released information including a client’s photograph to the Police. However, this information has been provided for the purposes of police use only and must not be released to the media.

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If the police wish to release such information to the media, they will additionally need to request approval from Marist180 Chief Executive Officer and, where the Client is under the care of the Minister, the Department of Communities and Justice’s Deputy Secretary. Clients in the care of the Minister require consent from the Department of Communities and Justice’s Deputy Secretary prior to any information being released to the media.

For more information, please refer to DCJ’s PSPCritical Events Policy.

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The required consents for media release can be requested by contacting the child’s allocated Marist180 Caseworker. Please contact the person who has provided this information should you wish to discuss the matter further.

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Child-Related Media Release – Missing Person

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In the event where a client has gone missing, the Marist180 Chief Executive Officer and Department of Communities and Justice’s Deputy Secretary have consented to release of information by police to the media.

Prior to any child-related information being released to the media, Police will be provided a copy of the CEO and Deputy Secretary’s consent for the release in writing. The information provided cannot then be provided to the media for any other reason.

For more information, please refer to DCJ’s PSPCritical Events Policy.

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Please contact the person who has provided this information should you wish to discuss the matter
further.

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Other Client Related Media Release

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Clients and anyone associated with Marist180 clients are not to be involved in media comments, photographs or filming on behalf of Marist180 without the authority of the Marist180 Chief Executive Officer. All clients and their families have the right to refuse participating in media releases.

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Clients in the care of the Minister require consent from the Department of Communities and Justice’s Deputy Secretary prior to any information being released to the media. Consent forms will need to be signed off by the Chief Executive Officer and/or their delegate, who will check that clients understand what they are consenting to and what the outcome is likely to be. The information provided cannot then be provided to the media for any other reason.

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If client information has been provided to you, the client, their parents, or Deputy Secretary of DCJ where applicable, and the Marist180 CEO have consented to the release of this information in writing. This is required prior to any information being released to the media.

Please contact the person who has provided this information should you wish to discuss the matter
further.

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Contractually Mandated Information Release

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Marist180 refer to the request for information issued upon Marist180 (Marist Youth Care), and release this information to the relevant government department or funding body pursuant to the Funding Deed and Program Level Agreement in place between Marist180 and your agency.

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We enclose the requested documentation on the basis that confidentiality and the privacy of these records will be maintained. Please note that the below, unless directly related to the purpose of your request, has not been provided or may have been redacted:

• Third party personal information

• Identity of people who have made a ROSH report

• Documents subject to legal professional privilege (privileged communications between a client and its legal representative)

Please contact the person who has provided this information should you wish to discuss the matter
further.

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Investigation, review, complaint or audit from a government department, independent body or authority

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Marist180 refer to the request for information issued upon Marist180 (Marist Youth Care),and release this information on the basis that there is a relevant legal or contractual basis for the request. We enclose the requested documentation on the basis that confidentiality and the privacy of these records will be maintained.

 

If your organisation seeks to release this information for any purpose other than those outlined in your original request, please contact Marist180 prior.

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Please note that the below, unless directly related to the purpose of your request, has not been provided or may have been redacted:

• Third party personal information

• Identity of people who have made a ROSH report

• Documents subject to legal professional privilege (privileged communications between a client and its legal representative)

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Please contact the person who has provided this information should you wish to discuss the matter further.

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