Privacy and confidentiality

The student and parents/carers/guardian are provided with a printed copy or links to Privacy Leaflet for Patients and/or We Keep it zipped resources before or at their first appointment to inform them how personal health information is kept private. These resources outline:

• how personal health information is kept private
• when young people can make decisions about their own health
• situations where information needs to be shared.

The wellbeing nurse checks that the student and/or parent/carer reads and understands the information contained in the resources they provide.

The wellbeing nurse ensures students and parents/carers/guardian are aware of their right to confidentiality and the exceptions to this right which includes:

• intention to self-harm
• intention to harm someone else
• they are being harmed by someone else (including circumstances of abuse or neglect)
• know someone else who may intend to harm themselves or someone else.

Disclosing health information

The wellbeing nurse discloses information if required to other NSW prescribed bodies, including schools, or specified private health professionals[1], to coordinate the delivery of services to promote safety, welfare and wellbeing of children, young people and their family members. The wellbeing nurse obtains consent from the parent/carer/guardian/student using the Wellbeing Nurse Consent form at Appendix 4 before sharing the client’s information with the other NSW prescribed bodies.

Students and/or parents/carers/guardian are informed that the child’s referral to a wellbeing nurse will be documented in the school’s centralised record system. Any details of the health assessment, health care or referrals made following the health assessment is not recorded in the school’s record system. This health information is included in the student’s medical record held by the local health district. 

Students and parents/carers/guardian are also informed that if they disclose any information that relates to the safety, welfare or wellbeing of a child or young person, the wellbeing nurse as a mandatory reporter needs to respond. This may involve sharing their disclosed information with other agencies.

Consent is not necessary for exchange of information under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998 if the information exchanged relates to the safety, welfare and/or wellbeing of a child and fulfils the objectives and principles of the legislation. Chapter 16A recognises that the protection of confidentiality or of an individual’s privacy must be balanced against another form of the public interest, which is ensuring the safety, welfare and/or wellbeing of vulnerable children and young people.

The wellbeing nurse shares information with the school’s learning and support and wellbeing team and other prescribed NSW bodies when appropriate in accordance Chapter 16A of Children and Young Persons (Care and Protection) Act 1998 and Section 6 of the Child Wellbeing and Child Protection Policies and Procedures for NSW Health (PD2013_007). The decision process for sharing a client’s health information is shown in Figure 4.

Figure 4: Decision process for sharing information

Footnote

1. A prescribed body is services or organisations responsible for providing services to children e.g. NSW Health, NSW Department of Communities and Justice, school, Police, non-government organisations. Specified private health professionals include registered nurses and midwives, medical practitioners, psychologists, occupational therapists, speech pathologists