Australia: The Children Legislation Amendment (Information Sharing) Act 2018 (VIC)

Last Updated: 7 February 2019
Article by Charles Harrison

Further to our article published on 13 March 2018, the Children Legislation Amendment (Information Sharing) Act 2018 (VIC) is now the law of the land in Victoria.

Whilst some parts of the Act are yet to commence, an important feature of the Act is the creation of the Child Information Sharing Scheme (CIS Scheme) which commenced on 3 September 2018 for a first phase of organisations. The CIS Scheme provides for information sharing between authorised and trained professionals and organisations to promote the wellbeing and safety of children.

Health and social services providers, education providers, and Government/Regulatory departments and bodies who are involved with children in Victoria should be aware of the CIS Scheme.

There are also a number of relevant resources that have been published by the State Government and these are accessible here.

Legislative basis of the CIS Scheme

The legislative basis for the CIS is found in Part 6A of the Child Wellbeing and Safety Act 2005 (VIC) (CWSA).

Organisations and services prescribed as Information Sharing Entities (ISE) by the Child Wellbeing and Safety (Information Sharing) Regulations 2018 are permitted to share "confidential information" under the CIP Scheme.

It should be noted that the CIS Scheme operates alongside a raft of other information sharing systems and processes provided for by other legislation, including but not limited to the Privacy and Data Protection Act 2014 (VIC), Youth and Families Act (VIC), and 'Failure to Disclose offences' under the Crimes Act 1958 (VIC).

Holistic approach with combating family violence

The CIS Scheme complements the Family Violence Information Sharing (FVISS) Scheme and the Family Violence Multi-Agency Risk Assessment and Management Framework (MARAM). The three inter-related reforms are aimed to apply in a cohesive way to respond to a range of wellbeing and safety needs and risks for children, families and other people, including those experiencing family violence.

A list of the prescribed organisations under all three schemes can be viewed here.

It should be noted that additional entities from the justice, education, human services, and health sectors are likely to be prescribed under all three schemes from 2010.

Who or what is an ISE?

In broad terms, an individual or organisation is regarded as an ISE if it satisfies the following thresholds:

  1. ISE must form a view that the request or disclosure is for the purpose of promoting the wellbeing or safety of a child or children;
  2. ISE must form a reasonable belief that sharing the information may assist the receiving entity to carry out certain activities regarding a child or children including making decisions, conducting investigations, and managing risks;
  3. The relevant information is not "excluded information" as defined in s41Q of the CWSA (this includes, for example, information that could be reasonably expected to endanger a person's life).

What ISE's need to know?

If the above thresholds under the Act ae satisfied, an ISE may request certain information from another information sharing entity, must disclose relevant information to another ISE if requested, and may disclose information proactively to other ISE's.

All Victorian children and young people up to the age of 18 are covered by the scheme.

ISE's need to also be aware of their obligations in relation to record keeping and information management, including the requirement to keep accurate and complete records about information sharing, noting when a request is received, noting when a request is denied, and general measures to protect the security of such information.

What happens if an ISE breaches the CIS Scheme?

Generally an individual who acts in good faith and with reasonable care when sharing information will not be held liable for any criminal, civil, or disciplinary action.

The situation is different for organisations or body corporates or for individuals who intentionally or recklessly disclose applicable information.

Significant penalties for organisations or body corporates and individuals who are found to be in breach of the CIS Scheme can flow.


The CIS Scheme is a significant reform and, like all big reforms, will feel its way whilst affected organisations and entities come on board and comply with its requirements (in addition to providing feedback as to what is working and what is not working).

In the immediate to short term, it will be necessary for prescribed ISE's to have appropriate processes and systems in place to ensure compliance with the CIS Scheme.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Charles Harrison
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
Email Address
Company Name
Confirm Password
Mondaq Newsalert
Select Topics
Select Regions
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions