Personal Information which may be disclosed

Introduction

Personal information which may be disclosed is specified in Schedules 1-4 of the Agreement for Information Sharing About Child Sex Offenders. The information specified in the Schedules is listed in the CPS disclosure forms to be used with each agency.

The Agreement for Information Sharing About Child Sex Offenders applies only to child sex offenders as defined in section 182B of the Corrections Act 2004.

Personal Information which may be disclosed between Corrections and CYFS

For Child Sex Offenders, the Agreement for Information Sharing About CSO applies in addition to the Agreement on Matters Relating to Children and Young Persons (CYFS MoU) between Corrections and CYFS and potentially enables a broader range of personal information about Child Sex Offenders to be disclosed than under the CYFS MoU. Nothing in the Agreement for Information Sharing About Child Sex Offenders constrains the application of the CYFS MoU.

When a disclosure form is received from CYFS the Supervising Probation Officer must disclose to CYFS as a matter of urgency all relevant information on the offender using the disclosure form.

The CYFS MoU applies to offenders generally; amongst other things it sets out general provisions regarding the disclosure of information under the CYPF Act 1989 (e.g. sections 15 and 66) and the exceptions to the Information Privacy Principles. Information disclosed under the CYFS MoU may also include information about Child Sex Offenders that does not fall within the scope of the Agreement for Sharing Information About CSO, e.g. offender information disclosed prior to release from prison.

When required by law, CYFS will treat information about children or young persons disclosed by Corrections under the Agreement for Sharing Information About CSO as a notification under section 15 of the CYPF Act 1989.

In relation to young persons aged under 16, nothing in the Agreement for Sharing Information About CSO modifies the application of sections 15 and 66 of the CYPF Act 1989.

Personal Information that may be disclosed between Corrections and Housing New Zealand Corporation

For Child Sex Offenders, the Agreement for Sharing Information About CSO applies in addition to the Memorandum of Understanding between Corrections and Housing New Zealand Corporation.

Note: Arrangements between HNZ and Corrections for offender placement in accommodation, prior to release from prison are outside the scope of the Agreement for Sharing Information About CSO.

Personal Information that may be disclosed between Corrections and the Ministry of Social Development

When MSD has validated that a client is a CSO the Probation Officer will use the relevant form to provide any information covered by part A of Schedule 3 of the Agreement for Sharing Information About CSO to the designated MSD case worker.

MSD may then initiate consultation on the suitability of any referral for training, employment, or voluntary employment. MSD approved forms may be used for this purpose. Response times noted on the forms should be met where practicable.

Note: Arrangements between MSD and Corrections for offender referral or placement in employment or training prior to release from prison are outside the scope of this Agreement for Sharing Information.

For the purposes of the Agreement for Information Sharing About Child Sex Offenders the term "benefit" includes work and income payments, payments administered by Studylink, war pensions and New Zealand Superannuation.

Personal Information that may be disclosed between Corrections and the Police

There are a number of protocols covering information to be exchanged with Police in particular circumstances. The Agreement for Sharing Information About CSO is additional and applies only to child sex offenders as defined in section 182B of the Corrections Act 2004.

The CPS Operations Manual Volume Four, Risks and Relationships, Part One, Chapter Four, summarises the relationship with the Police and information to be shared.

It is important to note that Police will not receive a copy of the CSO List sent to the other specified agencies that are parties to the Agreement for Information Sharing About CSO. [Refer to clause 5.4 of that Agreement].

Therefore, when a CSO is being managed, the PO will be responsible for ensuring that the local Police are provided with the information in the Agreement schedule. The form for disclosure to Police should be utilised.

Information that the Police may share with Corrections could be requested by the PO to assist their management of the offender. Police may be provided with the form for this purpose if necessary.

Reference: CPS Operations Manual, Volume 4, Risk and Relationships, Chapter 4 outlines relationships with, and information disclosure to the NZ Police.