Refer to the procedure Publication of identifying details for tasks that must be undertaken.
To ‘publish’ in this context includes any action which has the result of putting information into the public domain, whether this be via the media of radio, television, newspaper, pamphlets, social media (Facebook, You Tube, Twitter) or any other communication vehicle that will identify that the child (or is likely to identify that child) is subject to a protection order or Children’s Court proceedings. This can be by an individual such as a parent, carer, the child and young person or the media.
It is important for child protection practitioners to consider the situation in relation to the child or young person. It is acceptable for child protection clients to have everyday photos taken, such as at a party, school photos, and school newsletters, and for the child or young person, or others such as parents or carers, to post pictures of the young person on social media. This a normal part of life and child protection should not prevent this occurring, unless the photo (or the context of the photo) identifies the child (or is likely to identify the child) as being the subject to a protection order or proceedings in the Children’s Court.
However, if the child or young person, their parent or carer, publish a photograph or details which identifies the child or young person (or is likely to identify the child or young person) as being subject to a protection order or proceedings in the Children’s Court, child protection must take action immediately.
In addition to media enquiries, practitioners, supervisors and managers need to proactively manage any situation concerning a child subject to intervention which may lead to media interest and coverage.
Media unit contact details on-call number: 9096 7710 email: media@dhhs.vic.gov.au
Section 534 of the CYFA provides protection for children from being publicly identified as being subject to a Children’s Court proceeding or a Children’s Court order. It does this by making the publication of certain information an offence unless the President of the Children’s Court, or in limited circumstances the Secretary of the department, gives permission for the information to be published.
These provisions do not place a blanket prohibition on the name or picture of a child, party to a proceeding or witness in a proceeding from being published. They only operate to prohibit information likely to identify the person’s connection with Children’s Court proceedings from being published.
Children subject to a protection order or proceedings in the Children’s Court need to have the same opportunities as their peers, where possible to have their photo taken to help preserve important events. This includes having a school photo taken or photos of them on their social media account.
The publication of a picture of a child in a newspaper or school photo or newsletter that doesn’t include information that identifies the child, or is likely to identify the child, as being subject to Children’s Court proceedings or a protection order is unlikely to breach section 534.
However, careful consideration must be given to the circumstances of the child, such as, whether the child is in an undisclosed placement or subject to witness protection and would be at significant risk if their location was known.
Permission of the President of the Children's Court is required for the publication of information that would otherwise constitute an offence against section 534. Child protection practitioners may make a formal application to the Children’s Court to seek the President’s permission.
The decision to bring an application is the responsibility of the area executive director and should only be made after consultation with Legal Services. The divisional deputy secretary and the Office of Professional Practice must be consulted.
The child's parents must be informed.
The division will brief the Minister’s office, the Office of Professional Practice, Children and Families Policy, and the media unit.
The Secretary may grant permission for the publishing of information about a child likely to identify the child as being subject to a Children’s Court order if the child is under a family reunification, care by Secretary, or long-term care order. The Secretary has no power to grant permission for the publication of matters set out in s.534(1) including information likely to identify a child or any other party or witness as being involved in Children’s Court proceedings.
This decision is to be made by the area executive director or executive director, child protection, or above. Section 534 will not be breached if the published information identifies the child and that they are subject to a Children’s Court order.
Publications by media organisations
From time to time child protection may consider that a media publication, such as a news article, radio broadcast or television program identifies a child, a party or a witness to proceedings in the Children’s Court, or subject to a protection order, in breach of section 534.
Child protection should manage these issues on a case by case basis. In most cases it is appropriate to take an educative approach and write to the media outlet alerting them to the potential breach of the CYFA. If a media outlet continues to publish information, it is open to child protection to refer the matter to the police for investigation.
The decision to contact a media outlet regarding a potential breach of s. 534 or to refer such a matter to the police is the responsibility of the area operations manager/assistant director, child protection and may only be made after consultation with Legal Services and the department’s media unit.
Publications by individuals
Child protection may become aware of a publication by an individual that child protection considers identifies a child, a party or a witness to proceedings in the Children’s Court or subject to a protection order in breach of section 534. For example, a parent or carer may post information on-line, such as on a public blog or Facebook, information that identifies a child by name or picture and talks about child protection involvement with the child or the child’s involvement in Children’s Court proceedings or them being subject to a protection order.
Child protection should manage these issues on a case by case basis. In most cases child protection should provide the individual with information about section 534, recommend they seek independent legal advice and give the individual an opportunity to immediately remove the material from the internet or other public view. If an individual refuses to remove the information or continues to publish new information it is open to child protection to refer the matter to the police for investigation.
The decision to alert an individual to a potential breach of section 534 or to refer such a matter to the police is the responsibility of area operations manager/director, child protection and may only be made after consultation with Legal Services.
See procedure Missing persons report for tasks that must be undertaken.
Where a missing child is subject to child protection involvement, Children's Court proceedings or a family reunification, care by Secretary or long-term care order child protection may be involved in releasing information to the media for the purposes of locating the child. Where a parent has parental responsibility they should be consulted prior to any information being released to the media.
Consideration should be given to section 534 prior to releasing any information to the media in these circumstances. Certain information about a child, such as name, age and photographs, can be released to the media and published without being in breach of section 534 if the information does not identify the child as being involved in proceedings in the Children's Court or subject to a Children’s Court order.
If it is considered necessary to release information to the media that may identify a child as involved in Children’s Court proceedings or subject to a Children’s Court order, the appropriate permission must be obtained from the President of the Children’s Court or, if applicable, the Secretary, prior to the information being released.
The decision to seek permission to release information to the media regarding missing children is the responsibility of the area executive director, who may consult with the Office of Professional Practice for assistance with making the decision where needed.
Any subsequent broadcast regarding a missing person is managed by Victoria Police in consultation with the department’s media unit which approves the content of the media release.
Release of information to the media in general, including for the purposes of attracting foster carers or to highlight community events
If it is a case where there has been a child protection investigation and a decision has been made not to issue a protection application, consideration must be given to s. 205 and s. 206 of the CYFA prior to any information being disclosed. Under these sections child protection must not disclose the record of an investigation to anyone or any class of person who is not provided for in these sections.
In all cases, whether or not there have been Children’s Court proceedings or Children’s Court orders, care must be taken when releasing any information, to comply with the Privacy and Data Protection Act 2014.
Permission to release information to the media regarding children who have had involvement in child protection is the responsibility of the area executive director, following consultation with the Office of Professional Practice, Children and Families Policy, and Legal Services.
Victoria Police has sole responsibility for investigating whether a criminal offence has been committed and making the decision to prosecute. Child protection practitioners may be called as witnesses in any criminal proceedings and may in some circumstances refer the matter to the police. The responsibility for referring potential breaches of s. 534 to the police is the responsibility of the area operations manager/director, child protection after consultation with Legal Services.
Children identified as subject to child protection involvement may be harmed through:
- intrusion into the personal affairs of the child and their family
- labelling and different treatment in the school or community
- anxiety or stress
- destabilisation and compromised security within their care placement.
Use of media publicity to locate a missing child is a matter for police, in consultation with the department and subject to prescribed procedures.
Children and young people should be able to participate in activities, such as school photographs, that do not identify the child as being subject to a protection order or proceedings in the Children’s Court and therefore avoid identifying them as a child protection client. This is important for a child and young person’s sense of belonging and connection to their peers.