Introduction

This document outlines the arrangements made within the Children’s Court to comply with the provisions of the Information Privacy Act 2000 (the Privacy Act).

The document also outlines the procedures followed by the Children’s Court with regard to the disclosure of information contained in the court records.

Information Privacy Act 2000

The Privacy Act outlines the arrangements to be made for the proper and appropriate handling of private information collected, held and exchanged by certain bodies. The Act prescribes certain exemptions and is without force or effect to the extent of any inconsistency with any other Act.

Exemption from Privacy Act – Judicial or Quasi-Judicial Functions

A general exemption to the provisions of the Privacy Act applies to Courts and Tribunals pursuant to section 10:

“Nothing in this Act or any IPP (Information Privacy Principle) applies in respect of the collection, holding management, use, disclosure or transfer of personal information –



(a)	in relation to its or his or her judicial or quasi-judicial functions, by:

(i)	a court or tribunal; or
(ii)	the holder of a judicial or quasi-judicial office or other office pertaining to a court or tribunal in his or her capacity as the holder of that office; or
(b)	in relation to those matters which relate to the judicial or quasi-judicial functions of the court or tribunal, by:
(i)	a registry or other office of a court or tribunal; or
(ii)	the staff of such a registry or other office in their capacity as members of that staff.”

This means that the functions of the various registries of the Children’s Court are exempt in relation to their judicial or quasi-judicial function ie. normal business operations.

Information Rules applying to Judicial or Quasi-Judicial Functions

The rules governing the information aspects of the judicial function are to be found in the Children and Young Persons Act 1989, and the rules and regulations pursuant thereto which govern public access, confidentiality, and suppression of court records and hearings.

Personal Information caught by the Privacy Act

Administrative functions of the court (e.g. Human Resource functions) are caught by the Privacy Act and the court and its staff are required to comply with the Act in relation to administrative functions.

In compliance with the Act, the Children’s Court manages non-exempt personal information in accordance with the ten Information Privacy Principles (IPPs) detailed in Schedule 1 of the Act. (see extract attached).

Children’s Court Information Privacy Contact

Queries and comments on privacy matters should be addressed in the first instance to:

	Leanne De Morton
	Principal Registrar
	Children's Court of Victoria 477 Little Lonsdale Street MELBOURNE VIC 3000
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	Tel: (03) 8601 6700 Fax: (03) 8601 6720

PRACTICES AND PROCEDURES IN THE CHILDREN’S COURT RELATING TO COURT RECORDS, ACCESS TO COURT RECORDS, COURT HEARINGS AND OTHER RELEVANT INFORMATION

Court of Public Record

The Children’s Court is a Court of public record. All proceedings are to be conducted in open court unless the Court makes an order under section 19 of the Children and Young Persons Act 1989 (C&YP Act) closing the whole or any part of a proceeding. However, pursuant to section 26 of the C&YP Act a person cannot publish or cause to be published a report of proceedings which is likely to lead to the identification of a child or other party, a witness, or of the venue in which the proceeding was heard, without the consent of the President of the Children’s Court.

Searching the Register

A register is kept of all the orders of the Court and of such other matters as are directed by the Children and Young Persons Act or the Rules.

Any person may, with the approval of a Magistrate and on payment of the prescribed fee, subject to any order under section 19, inspect that part of the register that contains the final orders of the Court.

A party, or such party’s legal representative, may inspect that part of the register that relates to that proceeding without charge.
Files cannot be searched without permission of a Magistrate as they may contain information of a personal nature relating to the accused, witnesses and victims.

Audio Record of Proceedings

A party involved in a proceeding is entitled to obtain a copy of the audio record upon payment of the relevant fee. (Note: Tapes of hearings are required to be retained for three months only). Any other person requesting a tape of proceedings must apply in writing with reasons for the request to the Chief Executive Officer who will seek a direction from the President of the Children’s Court.

Subpoenaed Files – Files Produced to Court

Files subpoenaed for a Court hearing are required to be produced to the Registrar of the Court (not to another party). Subpoenaed files cannot be inspected without an order of the Court.


PERSONAL INFORMATION NOT SUBJECT TO EXEMPTION

As to the handling of personal information which is not subject to the exemption provisions of the Act, the Children’s Court complies with the ten Information Principles (IPPs) contained in the Act as follows:

Principle 1 -	Collection
	The Children’s Court will only collect personal information where it is necessary for one or more of its functions.
Principle 2 -	Use and Disclosure
	The Children’s Court only discloses personal information as necessary to assist in the investigation of the subject matter or as authorised by law.
Principle 3 -	Data Quality
	The Children’s Court makes all reasonable effort to ensure that the personal information it collects is complete and up to date.
Principle 4 -	Data Security
	The Children’s Court takes all reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure.
Principle 5 -	Openness
	The Children’s Court privacy policy is available to anyone on request. When requested, the Children’s Court will take reasonable steps to let a person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
Principle 6 -	Access and Correction
	A person has a right to seek access to their personal information and make corrections. If the Children’s Court holds personal information that the person thinks is not accurate, complete or up to date the Children’s Court will take reasonable steps to correct the information. If access to the information is denied, the reasons for denial of access, or refusal to correct personal information, will be provided.
Prinicple 7 -	Unique Indentifiers
	A unique identifier is usually a number assigned to an individual in order to identify the person for the purposes of an organisation’s operations. Tax file numbers and Driver’s Licence numbers are examples. The Children’s Court will only assign a unique identifier to a person, use a unique identifier, or ask a person to provide a unique identifier, when this is necessary to enable the Children’s Court to carry out any of its functions efficiently.
Prinicple 8 -	Anonymity
	The Children’s Court gives individuals the option of not identifying themselves when entering into transactions, if that is lawful and feasible.
Prinicple 9 -	Transborder Data Flows
	Personal information will only be transferred out of Victoria if the recipient protects privacy under standards similar to the Victorian IPPs.
Prinicple 10 -	Sensitive Information
	The Children’s Court does not collect sensitive information about a person without their consent. Sensitive information can be racial or ethnic origin, political views, religious beliefs, sexual preferences, memberships of groups, or criminal records.

Complaints

Complaints may be made to:

	Victorian Privacy Commissioner
	10-16 Queen Street
	MELBOURNE VIC 3000
	t
	Tel: (03) 8619 8719
	Local Call: 1300 666 444
	Fax: (03) 8619 8700
	Local Fax: 1300 666 445
	Email: enquiries@privacy.vic.gov.au