Information Sharing Agreement

ormation Sharing Agreement - Operating Guidelines

OFFICIAL

Information Sharing

Agreement

between Queensland Health and

Queensland Corrective Services

ate of Effect: 20 October 2023

Operating Guidelines

v1.1 – December 2023

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Foreword

Queensland Health and Queensland Corrective Services have a collaborative relationship

and a shared interest in ensuring prisoners receive effective and efficient health services

and are managed safely.

Prisoner in these guidelines means a person in Queensland Corrective Services’

custody and includes a person who is in the custody of Queensland Corrective

Services pending transport for detention in a corrective services facility.

It does not include a person who is released on parole or a person who is detained

in an authorised mental health service as a classified patient under the Mental

Health Act 2016.

Information sharing between Queensland Health and Queensland Corrective Services is

critical to ensuring the safety of prisoners and employees, and the provision of client

focused health services.

These operating guidelines focus primarily on information sharing between Queensland

Health and Queensland Corrective Services under the Information Sharing Agreement (the

Agreement) which may be relied upon where the shared client does not provide

consent/authorisation to that information sharing or it is not practicable to request it in the

circumstances.

Any reference to information sharing in these guidelines means the disclosure of

relevant confidential information about a shared client, between Queensland

Health and Queensland Corrective Services, and includes information provided

orally, in writing, and in any other format.

The Agreement facilitates the sharing of relevant confidential information to enable the

timely delivery of quality health services to shared clients, the safe, secure and effective

supervision and management of shared clients and/or ensure the safety of all persons

within corrective service facilities.

Shared clients in these guidelines means prisoners who are also receiving a health

service provided by Queensland Health.

These operating guidelines support the Agreement by providing context, examples and

guidance to assist the sharing of relevant information between the agencies regarding

shared clients. The aim of these guidelines is to empower employees to understand and

correctly apply the Agreement to share relevant information where required.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Table of Contents

Introduction 4

The Information Sharing Agreement 4

What do these guidelines cover? 4

Roles of the parties 5

Queensland Health 5

Queensland Corrective Services 5

How the parties work together 5

Guiding principles for information sharing 6

2 Who can share information? 7

Queensland Health employees 7

Queensland Corrective Services employees 8

3 When can information be shared? 8

Queensland Health sharing information with Queensland Corrective Services 9

Sharing information with consent is preferred 10

Sharing information under the Information Sharing Agreement (without consent) 12

Queensland Corrective Services sharing information with Queensland Health 14

Sharing information with authorisation is preferred 16

Sharing information under the Information Sharing Agreement (without authorisation) 17

Information sharing or use not consistent with the purpose of the Agreement 19

4 What information can be shared? 20

Queensland Health information that may be shared with Queensland Corrective Services under the Agreement 21

Queensland Corrective Services information that may be shared with Queensland Health under the Agreement 22

5 How can information be shared? 23

6 How can shared information be used? 24

7 Disputes and privacy breaches 26

Dispute resolution process 26

Resolving disputes at the local level 26

Resolving disputes at the regional or correctional centre level 27

Resolving disputes at a statewide level 27

Privacy breaches 28

Audits 28

8 Resources and further information 29

Definitions of key terms 29

Relevant legislation 31

Forms 31

Further Information 31

Summary of Changes 32

Appendix 1 – Broader information sharing framework 33

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

1 Introduction

These operating guidelines are intended for Queensland Health and Queensland Corrective

Services employees who provide health services or corrective services to a shared client.

Given the importance of information sharing in providing the best possible health care,

facilitating safe, secure and effective supervision and management of shared clients and

ensuring the safety of all persons within corrective service facilities, it is critical that all

persons involved are aware of their duties and obligations.

This section introduces:

• the Information Sharing Agreement between Queensland Health and Queensland

Corrective Services (the Agreement)

• what these guidelines cover

• the roles and responsibilities of Queensland Health and Queensland Corrective Services

• the guiding principles for information sharing between the agencies.

The Information Sharing Agreement

Queensland Health and Queensland Corrective Services employees who hold confidential

information are prohibited from disclosing it to another person, whether directly or

indirectly, unless consent or authorisation has been provided by a shared client or the

disclosure is authorised by law.

The Agreement, made pursuant to Section 151(1)(b) of the Hospital and Health Boards Act

2011 and in accordance with section 341(3) of the Corrective Services Act 2006, provides a

mechanism for information sharing between the two agencies. The Agreement sits within a

broader information sharing framework (see Appendix 1 – B

roader information sharing

framework).

The Agreement facilitates the sharing of relevant confidential information between the two

agencies where it is reasonably required for the provision of client focused health services

or to enable safe, secure and effective supervision and management of shared clients, which

includes ensuring the safety of all persons within corrective service facilities. In such

situations and where it is impracticable to request consent or authorisation in the

circumstances, relevant information can be shared without the consent of the shared client

under the Agreement.

What do these guidelines cover?

hese operating guidelines provide contextual information and practical examples to help

Queensland Health and Queensland Corrective Services employees understand:

• Who can share information?

• When can information be shared?

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

•

What information can be shared?

• How can information be shared?

• How can shared information be used?

• How should the sharing of information be recorded?

• How should information received be stored?

Roles of the parties

Queensland Health

Queensland Health is responsible for the management of the State’s public health system.

Queensland Health is comprised of the department and Hospital and Health Services that

deliver public sector health services in designated geographic areas.

Queensland Health services and programs that regularly interact with shared clients include:

• alcohol and other drugs services

• authorised mental health services

• prison health services (also known as offender health services)

• prison mental health services.

Queensland Health operates onsite health facilities in correctional centres. Every

correctional centre has a primary health service presence. Hours of operation vary from a 24-

hour presence to daily specified hours of operation. Visiting medical officers and health

professionals also attend centres regularly to assess and treat patients as required.

Mental health services delivered by Queensland Health in correctional centres have a

separate governance structure and operating model to primary health care services

delivered by Queensland Health.

Queensland Health services should only share relevant health information under this

Agreement if the information is relevant to their service area, or otherwise refer the matter

to the most appropriate Queensland Health service for consideration.

Queensland Corrective Services

Queensland Corrective Services is responsible for providing safe correctional

environments.

They provide community safety and crime prevention through the humane containment and

supervision of prisoners in correctional centres. They deliver offence focused rehabilitation

programs with the vision of maximising rehabilitation and reducing recidivism.

How the parties work together

Queensland Health supports Queensland Corrective Services by providing client focused

health services to patients who are shared clients. Health care provided to shared clients in

correctional centres should be equivalent to the services provided to other members of the

public in the community.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Queensland Corrective Services supports Queensland Health by ensuring the safe, secure

and effective supervision and management of shared clients and the safety of all persons

within corrective service facilities, enabling them to provide health services.

Appropriate health care is critical to the rehabilitation of prisoners and their general

wellbeing while in custody.

Queensland Corrective Services and Queensland Health employees must work

collaboratively to develop sustainable strategies and mechanisms for necessary information

sharing. Mechanisms and strategies should include ensuring a consistent means of

communication and a structured approach to allow both agencies to fulfill their respective

functions in relation to shared clients in custodial environments, and in planning for shared

clients’ transition to the community.

Guiding principles for information sharing

Sharing information with consent or authorisation is preferred

The preferred mechanism for disclosing confidential information about a shared client is by

obtaining their consent or authorisation.

Queensland Corrective Services should confirm whether there is a current written authority

in the shared client’s file which would apply to the disclosure of information by Queensland

Corrective Services.

Queensland Health employees should seek informed consent from the shared client for the

disclosure of information to Queensland Corrective Services. If a shared client has given

prior consent to disclosure of their information, consideration should be given to whether

the consent remains valid and could apply to the disclosure.

Ensuring health, safety and wellbeing is paramount

Where informed consent cannot be obtained, Queensland Corrective Services and

Queensland Health employees have a duty of care to shared clients and should disclose

relevant information where it is reasonably required to facilitate safe, secure and effective

supervision and management of shared clients, and/or to ensure that client focused health

services are delivered to shared clients.

When considering whether information sharing is reasonably required to facilitate safe,

secure and effective supervision and management of shared clients and/or to ensure that

client focused health services are delivered to shared clients, Queensland Health and

Queensland Corrective Services employees should consider the intention of the Agreement

which includes facilitating information sharing to ensure the safety of all persons within

corrective services facilities and where it is necessary to ensure the health or safety of the

shared client or another person.

For Queensland Corrective Services to safely and effectively manage shared clients,

employees require relevant information so that informed decisions can be made on risk

management strategies, accommodation, monitoring and other aspects of their

management.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

For Queensland Health to provide client focused health services, clinicians require relevant

information so that informed decisions can be made on diagnosis, treatment, risk

assessment and management, care and transition planning, and other aspects of a shared

client’s health care.

Consider urgency

While disclosure with consent or authorisation is preferred, information concerning shared

clients should be exchanged as quickly as is reasonably practicable. The urgency of the

need to disclose information should be considered in determining the mechanism for

disclosure. For example, whether it is practicable in the circumstances and given the

timeframes to seek consent or authorisation from shared clients.

Sharing proactively is best practice

Information should routinely be shared proactively, where relevant and in accordance with

the Agreement and these guidelines, in addition to responding to direct requests for

relevant information. Proactively releasing relevant information will lead to more timely and

collaborative exchanges for the best possible health care, safe, secure and effective

supervision and management of shared clients and the safety of all persons within

corrective service facilities.

Consider human rights

The Human Rights Act 2019 ensures the human rights of all people in Queensland are

respected, protected and promoted. Queensland Health and Queensland Corrective Services

acknowledge that disclosures made under the Agreement require a balanced assessment of

competing interests and recognise the need to ensure that any decision making is

compatible with human rights. The human rights which may be impacted by decision making

under the Agreement include the right to life, privacy, access to health services, and humane

treatment when deprived of liberty.

Both agencies recognise that in practice, some of these rights may be limited and

acknowledge that any decision which limits a shared clients’ human rights must be

demonstrably justifiable at law.

2 Who can share information?

Queensland Health employees

The Hospital and Health Boards Act 2011 authorises a designated person to share

information under certain circumstances including pursuant to an agreement made under

section 151(1)(b). These guidelines do not limit or restrict other information sharing abilities

contained within the Hospital and Health Boards Act 2011.

A designated person is defined under section 139A of the Hospital and Health Boards Act

2011 and includes employees of the department and Hospital and Health Services (HHS).

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Queensland Corrective Services employees

The Corrective Services Act 2006 authorises an informed person to share information under

certain circumstances as prescribed in section 341(3).

An informed person is defined under section 341 of the Corrective Services Act 2006 and

includes Queensland Corrective Services employees, service providers engaged by

Queensland Corrective Services and any other person in receipt of confidential information

from QCS employees and engaged service providers.

The use of authorised employees, Queensland Health employees or Queensland

Corrective Services employees in these guidelines means a designated person

and/or informed person as appropriate in the context.

3 When can information be shared?

Both Queensland Corrective Services and Queensland Health have a range of mechanisms

for sharing information (see Appendix 1 – Broader information sharing framework for an

overview). The Agreement does not prevent information sharing through any of the other

mechanisms and is intended to apply where other legislative mechanisms do not provide a

basis for disclosure. The most appropriate mechanism in the circumstances should be relied

upon.

Before sharing information under the Agreement, you must consider:

1. w

hether the consent/authorisation of the shared client to share their

information can be or has already been obtained

(If consent/authorisation is declined or it is not practicable to request it)

ether the information is reasonably required to be shared to ensure one o

both of the following can be provided:

• Safe and effective corrective services

•

client focused health services

3. whether the type of information and the circumstances in which it will be

shared are consistent with these operating guidelines

Relevant information can be shared proactively and reactively (in response to a direct

request) under the Agreement.

The next section outlines guidance for Queensland Health sharing information with

Queensland Corrective Services. You can skip to the guidance for Queensland Corrective

Services sharing information with Queensland Health.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Queensland Health sharing information with

Queensland Corrective Services

Patient related information held by Queensland Health is considered confidential

information under Part 7 of the Hospital and Health Boards Act 2011. This includes

identifiable information acquired about patients who are shared clients whilst Queensland

Health employees are providing public sector health services to them.

Under Part 7, there is a strict duty of confidentiality imposed on Queensland Health

employees and it is an offence to share information unless one of the exceptions to the duty

of confidentiality listed in Part 7 applies.

This section explains the two most relevant exceptions that permit sharing information

about a shared client with Queensland Corrective Services:

1. disclosure with the consent of the shared client (section 144);

2. disclosure to Queensland Corrective Services under this Agreement (section 151(1)(b)).

Info can be shared

(HHB Act s 144)

Seek consent first

Consider other mechanisms and seek advice

Yes

Consider other mechanisms and seek advice

Info can be shared

(under this

Agreement,

HHB Act s 151(1)(b))

Can you share information with Queensland Corrective

Services under one of the key exceptions?

Has the shared client provided

informed consent for the information to

be shared?

Is it practicable in the

circumstances to request consent?

Is the information reasonably required to be shared with Queensland

Corrective Services to enable delivery of client focused health care

and/or to ensure safe, secure and effective supervision and

management of shared clients?

Yes

Is the type of information and circumstances in which it

will be shared consistent with these operating guidelines?

Yes

Not sure

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Sharing information with consent is preferred

Section 144 of the Hospital and Health Boards Act 2011 allows Queensland Health employees

to share information if the relevant shared client gives informed consent.

The preferred way for Queensland Health employees to share relevant information with

Queensland Corrective Services employees, as reflected in the Agreement, is by obtaining

the informed consent of the shared client and ideally in writing. Where a shared client has

given verbal consent to disclosure but a Queensland Health employee is unable to obtain

the consent in writing, the Queensland Health employee must document the verbal consent

they are relying on to disclose information.

If consent cannot be obtained and/or it is not practicable to seek consent to disclose, and

there are no other exceptions under Part 7 of the Hospital and Health Boards Act 2011 that

would permit disclosure of relevant information, use of the Agreement to share information

can be considered.

A shared client declining to consent to their information being shared with Queensland

Corrective Services employees should be respected wherever possible, however in specific

circumstances disclosure under the Agreement may be appropriate.

What is consent to disclosure?

In order to consent to the disclosure of information a person must give informed consent.

A person has given informed consent if they are considered to have capacity and have made

a decision based on material and information relevant to the disclosure of their confidential

information.

A person is presumed to have capacity to make decisions until proved otherwise.

Capacity in these guidelines means the person is capable of—

(a) understanding the nature and effect of decisions about the matter; and

(b) freely and voluntarily making decisions about the matter; and

Consent may also be provided by a substitute decision maker with relevant authority,

including a guardian appointed for health care.

Seeking informed consent

In seeking informed consent, QH clinicians should:

• explain the request for the disclosure of specific information, including the purpose,

who will have access and how it will be used;

• use language that is clear and concise to ensure understanding;

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

• offer the use of appropriate cultural support including interpreters and or liaison

officers/health workers (for further information regarding seeking consent from

Aboriginal or Torres Strait Islander patients or from patients from culturally and

linguistically diverse backgrounds consult the Guide to informed Decision-M

aking in

Health Care);

• explain that they can decline and/or withdraw their consent at any time;

• provide the shared client sufficient time to consider and clarify the purpose and

benefits of sharing the specific information;

• close the discussion by clarifying that there is shared understanding about the

disclosure, including what information they are consenting to be shared;

• ensure that any consent is given voluntarily; and

• document information on the above steps in the patient’s clinical record and use the

Consent to Disclose Information form.

For further information in relation to seeking informed consent consult the

Guide to

informed Decision-Making in Health Care.

Patients who lack capacity to give informed consent

If a patient lacks the capacity to consent Queensland Health employees should consider

whether they have a substitute decision maker from whom consent for disclosure could be

sought. For further information about substitute decision makers consult the Guide to

informed Decision-Making in Health Care.

If time allows, ongoing attempts to seek consent should also be made, particularly when a

patient is expected to regain capacity with improvements to their health.

Where no substitute decision maker can provide consent and it is not practicable to wait

until a point at which a person may regain capacity, use of the Agreement to share

information can be considered.

Where a patient lacks capacity to consent, consideration should be given to whether the lack

of capacity should be disclosed to Queensland Corrective Services as information which is

relevant to their safe, secure and effective supervision and management of the shared client

in custody.

How long is consent valid?

A shared client’s consent to disclosure is not enduring and can be withdrawn. Consent will

last for as long as is reasonable in the circumstances. In considering whether consent

remains valid Queensland Health employees should consider what purpose consent was

given for initially, and any changes that may have affected the consent following the shared

client initially giving consent. For example, the specificity and sensitivity of the information

that a patient has consented to disclosure of and how long a period has passed since

consent was given.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Use of consent forms

Queensland Health employees should use the consent form to document a patient’s consent

to disclosure of confidential information to Queensland Corrective Services. A copy is

provided in the Resources and further information section below.

Sharing information under the Information Sharing

Agreement (without consent)

Section 151(1)(b) of the Hospital and Health Boards Act 2011 allows Queensland Health

employees to share information with Queensland Corrective Services employees under the

Agreement.

The Agreement is used when the shared client’s consent cannot be obtained, and

information sharing is reasonably required to facilitate the safe, secure and effective

supervision and management of shared clients and/or provide client focused health

services.

When considering whether sharing information with Queensland Corrective Services

employees is reasonably required to facilitate the safe, secure and effective supervision and

management of shared clients and/or to provide client focused health services, Queensland

Health employees should consider the intention of the Agreement which includes facilitating

information sharing to ensure the safety of all persons within corrective services facilities

and where it is necessary to ensure the health or safety of the shared client or another

person.

Regular communication should occur between Queensland Health and Queensland

Corrective Services regarding shared client’s health care where it is necessary to ensure the

shared client’s or others safety and wellbeing. Queensland Corrective Services employees

should be able to request and/or, where appropriate, be provided with relevant information

about the health, treatment and care of a shared client to enable employees to provide safe,

secure and effective supervision and management of the shared client. Queensland Health

and Queensland Corrective Services should share as much relevant confidential information

as is necessary and permissible under the Agreement to ensure both parties can fulfill their

respective roles.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Examples of appropriate information sharing by Queensland Health under the

Agreement:

• QH conduct a test on a shared client who is exhibiting symptoms of the COVID-

19 virus. QH disclose the fact that they have performed a test on the shared

client to QCS employees so that QCS employees can ensure monitoring of the

shared client’s health and that measures are in place to protect the safety of

employees and other prisoners in the event that the shared client tests positive

for COVID-19.

• A young male shared client has a history of mental illness and self-harm. The

shared client completes a Medical Request Form as he is feeling anxious and

depressed and is having trouble sleeping. The shared client is assessed by a QH

clinician who prescribes an antidepressant medication. The QH clinician forms

the opinion that there is a risk that the shared client may self-harm and that he

is at an increased risk of suicide. The QH clinician explains to the shared client

that they are concerned and wish to share this information with QCS. The

shared client does not provide consent for this disclosure as he is concerned

that it will result in him being moved to another unit. The QH clinician reminds

the shared client of their duty of care and encourages the client to share the

information with QCS. The shared client again declines and the QH clinician

informs them that they will be advising QCS of their concerns. The QH clinician

shares the information about the risk of self-harm and suicide with QCS to

enable QCS to conduct their own risk assessment and take steps to reduce the

risk of self-harm, such as ensuring he is accommodated in a suitable

environment and is monitored.

• A QH clinician is assessing a shared client who has presented to the

appointment with psychotic symptoms, including paranoia and voices telling

her to harm others. During the assessment, the shared client becomes

increasingly agitated and accuses the clinician of conspiring with others to

harm her. The QH clinician forms the clinical opinion that the shared client

requires transfer to a hospital for inpatient mental health treatment. The

clinician assesses the shared client as not having the capacity to consent due

to her current mental state, including paranoia towards the clinician. The QH

clinician immediately progresses plans for the inpatient admission and shares

information about the shared client’s current presentation and plans for

inpatient treatment with QCS so that they can safely accommodate the shared

client until transfer to hospital can occur. Relevant information shared includes

advice about her current mental state, identified risks, issues,

recommendations regarding what type of environment is most appropriate and

recommendations on how to best interact with her.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

• A QH clinician has assessed a shared client and diagnosed them with a hearing

deficit. The QH clinician seeks the shared client’s consent to share information

about the hearing deficit with QCS, however the shared client declines. The QH

clinician considers that the shared client’s hearing deficit is such that it will

impair their ability to hear and respond to any instructions or directions they

are given by custodial officers. Despite the lack of consent from the shared

client the QH clinician shares the information about the hearing deficit because

QCS require the information to safely and effectively manage the shared client.

QCS use the information to ensure that custodial officers are aware that the

shared client may not hear them or respond when verbal instructions are given.

• A shared client is known by QH to suffer from several significant long-term

medical conditions including life-threatening coronary disease. The shared

client declines for this information to be shared with QCS. The shared client

also declines to take the medications prescribed to them due to conflicts with

their spiritual and cultural beliefs. The shared client is at increased risk of heart

attacks. A QH clinician considers the risks to the safety of the shared client and

others, as well as the shared client’s privacy, and decides to share information

about risks associated with the shared client’s medical conditions with QCS

employees so that appropriate management and supervision can be provided

to ensure the safety of the shared client and others.

• A shared client has returned to the custodial setting after a hospital admission.

To support the shared clients ongoing treatment and care and safe and secure

management in the custodial setting relevant health information may be

provided to QCS, including relevant clinical and risk information to inform QCS

assessment related to ongoing management. For example after a hospital

admission for a physical health condition the shared client may have issues

with mobility that would need to be considered. Alternatively after a mental

health admission a shared client may present with increased vulnerability on

the transition back into custody and relevant risk information may need to be

considered.

See below for Information sharing or use not consistent with the purpose of the Agreement.

Queensland Corrective Services sharing

information with Queensland Health

Most information held by Queensland Corrective Services about prisoners is considered

confidential information under section 341 of the Corrective Services Act 2006. This includes, but

is not limited to, specific types of confidential information such as a prisoner’s private details, as

well as information that could reasonably be expected to endanger anyone’s life or health

(including psychological health), could pose a risk to the security or good order of a corrective

services facility or could disclose an expert’s advice or recommendation about a prisoner.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Queensland Corrective Services employees must not disclose confidential information to anyone

else other than in accordance with section 341(3). It is an offence to share confidential

information with anyone else other than in accordance with section 341(3).

Under the Agreement, QCS can share information with Queensland Health pursuant to section

341(3)(a) of the Corrective Services Act 2006. For example, Queensland Corrective Services can

share relevant confidential information with Queensland Health if it is necessary to facilitate the

provision of health services to a shared client under section 266 of the Corrective Services Act

2006.

This section explains the two most relevant provisions for sharing information about a

shared client with Queensland Health:

1. disclosure with the authorisation of the shared client (section 341(3)(d)); and

2. disclosure to Queensland Health under the Agreement.

Info can be shared

(CS Act s 341(3)(d))

Seek authorisation first

Not sure

Consider other mechanisms and seek advice

Yes

Not sure

Info can be shared

(under this

Agreement,

CS Act s 341(3)(

a))

Can you share a shared client’s private details with Queensland Health

under one of the key exceptions?

Does the shared client provide authorisation

for the information to be shared?

Is it practicable in the circumstances to

request authorisation?

Is the information reasonably required to be shared with Queensland Health to

facilitate the provision of client focused health care and/or to ensure safe, secure and

effective supervision and management of shared clients?

Yes

Is the type of information and circumstances in which it

will be shared consistent with these operating guidelines?

Yes

Consider other mechanisms and seek advice

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Sharing information with authorisation is preferred

Section 341(3)(d) of the Corrective Services Act 2006 allows Queensland Corrective Services

employees to share the private details of a shared client if they authorise it.

A shared client’s refusal to give authorisation for their private details to be shared with

Queensland Health should be respected wherever possible.

Unless it is impracticable to do so, the preferred way for Queensland Corrective Services

employees to share information with Queensland Health employees is by obtaining the

authorisation of the shared client, ideally in writing.

Use of authority forms

Queensland Corrective Services employees should use the relevant administrative form to

document authority for releasing relevant confidential information to Queensland Health. A

copy is provided in the Resources and further information section below.

What is a prisoner authorisation?

Section 341(3)(d) of the Corrective Services Act 2006 allows Queensland Corrective Services

employees to share information if it consists of that person’s private details if the relevant

shared client authorises it.

For QCS, gaining the authorisation of a shared client to share their information involves:

• providing/describing the relevant information in a way that is concise, clear and easy to

understand

• explaining the purpose of sharing it with QH and what it will be used for

• explaining that the shared client can decline or withdraw their authorisation at any time

• ensuring the shared client has the capacity to make a decision about the specific issue

at the specific time. For example, ensuring that the shared client’s capacity is not

affected by mental illness, therapeutic/other drugs, alcohol, intellectual disability or

cognitive impairment

• ensuring the shared client gives consent voluntarily, and free from manipulation or

undue influence (for example, without coercion from authorised employees to avoid

disciplinary action)

• giving the shared client sufficient time to consider and clarify the purpose and benefits

of sharing specific relevant confidential information

• documenting the authority of the shared client using the relevant administrative form

and in accordance with the Custodial Operations Practice Directive for Disclosure of

Confidential Information

• filing the completed authorisation form in the shared client’s offender file on IOMS.

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Capacity in these guidelines means the person is capable of—

(a) understanding the nature and effect of decisions about the matter; and

(b) freely and voluntarily making decisions about the matter; and

Where a prisoner provides general consent or authorisation to share information with those

involved in their treatment and care, authorisation does not need to be sought before every

instance of information sharing. Officers should use their professional judgment in

determining whether prior consent given by a shared client to share their information is still

valid and/or seek local advice from their line manager.

Sharing information under the Information Sharing

Agreement (without authorisation)

Section 341(3)(a) of the Corrective Services Act 2006 allows Queensland Corrective Services

employees to share information with Queensland Health employees for the purposes of the

Corrective Services Act 2006.

For example, section 266 of the Corrective Services Act 2006 requires Queensland Corrective

Services to establish or facilitate programs or services to support the health and well-being

of prisoners and to rehabilitate offenders. Further, section 3 of the Corrective Services Act

2006 outlines the general purpose of corrective services as community safety and crime

prevention through the humane containment, supervision and rehabilitation of offenders.

The Agreement is used when the shared client’s authorisation cannot be obtained or when

the information is not merely the shared client’s private details and contains other

categories of relevant confidential information (such as an expert’s advice or

recommendation about the prisoner), and information sharing is reasonably required to

facilitate the safe, secure and effective supervision and management of shared clients

and/or provide client focused health services.

In the interests of providing a coordinated system of health care to prisoners and facilitating

their appropriate management, QCS employees may disclose to QH employees information

which is necessary to facilitate the provision of health services to a shared client.

QH employees should be provided with or able to obtain, as necessary, as much information

about a shared client as is legally permissible to facilitate QH employees delivering client

focused health services and so QH are fully informed of potential risks to the shared client,

themselves and other prisoners.

This may include information about a shared client:

• exhibiting suicidal or self-harm behaviour

• causing a risk of harm to others, themselves and other risk related information

• having an illness or medical condition

• sentencing information such as court dates, parole and/or release dates and new

charges/convictions, or

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Information Sharing Agreement between Queensland Health and Queensland Corrective Services

•

planned transfer to another correctional centre or to a facility outside the correctional

centre e.g., court transfer or medical transfer.

The inclusion of QH employees in regular formal communications at the operational level

will provide the basis for a strong working relationship, including information sharing.

Additionally, informal communications should occur where necessary on a daily basis to

support the day-to-day management of shared clients.

Examples of appropriate information sharing by Queensland Corrective Services

under the Agreement:

• QCS officers become aware that a shared client who has had flu like symptoms

for the past few days is feeling very unwell. The QCS officer is concerned for the

shared client’s welfare and offers the shared client the opportunity to attend at

the medical clinic to seek medical assessment. The shared client declines the

opportunity to attend the medical clinic and declines to authorise QCS officers

to discuss his symptoms with QH employees. The shared client’s condition

continues to deteriorate but he still declines to present for medical

assessment. QCS still informs QH that the prisoner is unwell and is declining to

attend the clinic, as this information enables QH to perform their role of

providing client focused health services. Once QH becomes aware of concerns

about the shared client’s health, a nurse explains the risks of not seeking

treatment to the prisoner so that they can make an informed decision about

whether they wish to be assessed or receive treatment. The prisoner then

decides to seek treatment. Following assessment they are found to have

developed a serious infection which can now be treated accordingly.

• A shared client is being assessed under the Dangerous Prisoners (Sexual

Offenders) Act 2003 (DPSOA). Information about key milestones in the

assessment process is shared by QCS with QH employees involved in the shared

client’s treatment and care. The information is shared as QCS employees are

concerned that the assessment process may act as a stressor on the shared

client’s medical condition which they are aware is aggravated by stress. The

information is used by QH clinicians to engage with the shared client to ensure

plans can be made to monitor the shared client’s condition prior to, and

immediately following, any risk assessment interviews and key decisions

throughout the process.

• QCS becomes aware that a prisoner is self-harming and stockpiling medication

in their cell. To ensure that the prisoner receives appropriate health care and

management, QCS shares this information with QH. Together the parties

coordinate their response and provide suitable interventions to prevent further

risk of harm or suicide.

Operating Guidelines Page 19

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Information sharing or use not consistent with

the purpose of the Agreement

The Agreement does not allow information sharing or use that is inconsistent with the

purpose of the Agreement. For example, sharing or use of information that:

• relates to persons who are not shared clients;

• must not be disclosed under another law;

• is for disciplinary purposes against shared clients; or

• is facilitated under a different agreement, for example:

− information intended to inform decision making by the Parole Board Queensland i

hared under the Agreement between Queensland Health and the Parole Board

Queensland (Confidential Information Disclosure).

− information intended to inform an investigation into an incident or death in custody

is shared, where lawful and practicable, under the memorandum of understanding

between Queensland Health and Queensland Corrective Services (Prison Health

Services).

The sharing of information described above may still be authorised under law,

notwithstanding being excluded by this Agreement and operating guidelines.

Examples of information sharing that is inconsistent with the purpose of the

Agreement:

• A shared client has entered custody and has sought assessment, and received

treatment, for a mild and common non-transmissible skin condition. The QH

clinician considers the need to share this information with QCS but decides

that the information does not need to be shared with QCS in order for them

to safely and effectively manage the shared client in custody. The clinician

determines that the shared client’s privacy should be maintained and does

not disclose this information under the Agreement or seek the shared client’s

consent to share the information.

• A shared client complains to a QCS officer that his cellmate has been

disrupting his sleep. The officer considers whether this is causing the

prisoner a high level of stress or could be negatively impacting on the

prisoner’s health. Upon further questioning, the prisoner says it has only

been a few nights of disrupted sleep. The next day, the officer checks in with

the shared client and finds out that the situation has been resolved. The

officer does not disclose this information to a clinician or seek consent to do

so, as the QCS officer forms the opinion that it is not relevant to the client’s

health treatment and care.

Operating Guidelines Page 20

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

4 What information can be shared?

Confidential information may be shared where it is relevant and appropriate to do so.

Determining what information and what level of information is relevant and appropriate will

always depend on the individual circumstances.

Relevant information means

• confidential information retained by QH and/or QCS, and which is relevant to QCS (or its

engaged service providers) and/or QH being able to facilitate the safe, secure and

effective supervision and management of a shared client and/or provide client focused

health services to a shared client.

• confidential information retained by QCS or its engaged service providers which is

relevant to QH being able to provide client focused health services to a shared client.

Information includes verbal information and/or a document possessed or

controlled by an authorised employee, whether brought into existence or received

by them, and includes an opinion (whether verbal or recorded in some form).

Relevant information can include, but is not limited to, information outlined in the tables

below. Authorised employees should exercise discretion in each shared client’s particular

circumstances regarding what is relevant confidential information. In considering what

confidential information is relevant, authorised employees should consider what the

purpose of sharing the information is and how this aligns with the Agreement.

Queensland Health and Queensland Corrective Services have agreed that the following may

be shared for the purpose of their collaborative and cooperative relationship to deliver safe

and effective corrective services and client focused health services to shared clients.

Operating Guidelines Page 21

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Queensland Health information that may be shared with

Queensland Corrective Services under the Agreement

Queensland Health may share the below information with Queensland Corrective Services

where the disclosure facilitates the safe, secure and effective supervision and management

of a shared client and/or the provision of client focused health services.

Category Information that may be disclosed where relevant to the

Agreement

Shared client

identifying

information

• Name and aliases

• Date of birth

• Address and usual place of residence

• Sex

• Gender

Historical

information

• Details of treatment and contact history with a Health Service

including:

o Community Health Service

o Prison Mental Health Service

o Prison Health Service

o Alcohol and Other Drugs Service

Treatment and

care

• Current state of the shared client’s

physical and/or mental

health, including relevant symptoms, relevant diagnosis (where

appropriate) and mental state

• Relevant medical and/or psychiatric history including

vaccination status

• Mental Health Act 2016 status

• Recommended management plans following discharge from a

mental health service

• Registration in the Opioid Substitution Treatment program

Risks

• Identified risks relating to the shared client’s engagement with

treatment and care

• Identified risks that may arise as result of a lack of treatment

and care

• Identified risks of harm to others

• Self-harm or suicide concerns

•

Any change in treatment that may impact management

considerations

Transition

planning

• Whether care is to be transitioned to the community if released

from prison

• Whether the shared client has been referred to a QH transition

coordination program and details of the transition plan (if

known)

Other

• Any other significant issues or considerations relating to the

shared client’s treatment and care

that will support their

ongoing access to client focused health services and/or safe

management

•

Details of substitute decision makers

Operating Guidelines Page 22

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Queensland Corrective Services information that may be

shared with Queensland Health under the Agreement

Queensland Corrective Services may share the below information with Queensland Health

where the disclosure facilitates the safe, secure and effective supervision and management

of a shared client and/or the provision of client focused health services.

Category Information that may be disclosed where relevant to the

Agreement

Identifying

information

• Name and aliases

• Date of birth

• Address and usual place of residence

• Sex

• Gender

• Identifying information shared for the purpose of determining

a shared client’s vaccination status

Management

information

• Shared client being placed on suicide observations and/or

relevant changes in observation level

• Shared client being removed from at-risk observations

• Refusal of shared client to participate in drug test

• Daily movement lists (including court escorts, medical

escorts, reception and discharge lists)

• Planned or actual movement (e.g. transportation or

placement to another corrective services facility / Health

Service Facility)

• Significant accommodation change

Events

• Assault (shared client either alleged victim or alleged

perpetrator)

• Major psychological stressor experienced by the shared client

(e.g. death in family or relationship breakdown)

• Exposure of shared client to potentially destabilising events

(e.g. intensive intervention) including anticipated experiences

and events

• Death in custody

Justice

information

• Court outcomes

• Pending court dates

• Release dates

• Parole eligibility dates

•

Any new charges or convictions

Physical health

• Any physical health concerns including deterioration or

significant changes to a prisoner’s health

• Drug test results

• Injuries that occur to shared clients in corrective services

facilities and require treatment at a Health Service Facility

Operating Guidelines Page 23

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Mental health

• Any mental health concerns

• Deterioration or significant changes in the shared client’s

behaviour or mental state

• Self-harm or suicide concerns

• When a shared client is required to be taken to an authorised

mental health service as a classified patient or on release

• Security Classification and Placement Assessments

• Escape from Custody Risk Assessments

• Offence history

•

Release and/or pending court dates

Risks

• Information relating to the shared client’s risk of harm to

others, including information relevant to historical risk

• Information relevant to assessment of risk of harm to others

posed by the shared client including offence and sentence

details, custodial breach/incident history

• Child safety concerns, including but not limited to, potential

harm to children

• Self-harm or suicide concerns

• Any change in management that may impact treatment

Other

• Any other significant issues or considerations relating to the

shared client’s management, treatment and care

• Details of substitute decision makers

5 How can information be shared?

Information can be shared orally, in writing, or in any other format.

At a local level, processes for sharing information should include, but are not limited to:

• the identification and implementation of regular forums for discussion between

Queensland Corrective Services and Queensland Health employees to share relevant

information where there is potential for impacts on a shared client’s correctional

management or health;

• the routine dissemination of information relevant to health services or correctional

management of a shared client. This may include a process whereby Queensland

Corrective Services generated documents such as daily reception, movement and

discharge lists, are regularly and routinely forwarded to the Nurse Unit Manager and

Prison Mental Health Service without the need for a specific request; and

• appropriate centre-based mechanisms for transferring relevant information when

required and as soon as practicable.

Information sharing meetings

Some forums which facilitate information sharing may include local or statewide formalised

interagency meetings, for example the weekly local interagency health meeting and the

statewide Patients of Concern in Custody meeting. Such meetings must ensure that terms of

reference and processes, so far as they relate to information sharing, are consistent with the

Agreement and this operating guideline.

Operating Guidelines Page 24

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

6 How can shared information be used?

The Hospital and Health Boards Act 2011 and Corrective Services Act 2006 impose obligations

on authorised employees when they share information. In addition to this, authorised

employees must also comply with obligations under the Information Privacy Act 2009 and

the Public Records Act 2002 when they collect, record, store and use this information.

The Agreement and these operating guidelines do not override or alter these obligations,

including the requirement for authorised employees to comply with their agency’s

information security and recordkeeping policies and procedures.

Using the information received

Confidential information shared under the Agreement must only be used for the purpose of

facilitating the safe, secure and effective supervision and management of a shared client,

ensuring the safety of all persons within corrective service facilities and/or the provision of

client focused health services.

The recipient must ensure its use is consistent with the mechanism used.

Examples of how not to use information received:

• A QH clinician informs a QCS officer that a shared client is at risk of suicide. The

QCS officer phones the shared client’s family because the officer thinks they

should know. The QCS officer should only have used the information for the

purpose of providing safe and effective corrective services for the shared client

(such as ensuring the accommodation is safe and checks are conducted more

frequently). Informing the shared client’s family is inconsistent with the

purpose of the Agreement.

• A QCS officer has received information about a shared client’s current health

care needs in order to ensure that they can be effectively and appropriately

managed in custody. The shared client has made an application for parole to

the Parole Board Queensland and the QCS officer includes information

obtained from QH under the Agreement about the shared client’s health care

needs in the report they are preparing for the Board about the shared client’s

suitability for parole. Use of the information is inconsistent with the Agreement

because it does not relate to safe, secure and effective supervision and

management of the shared client in custody. The appropriate mechanism to

ensure this information is shared with the Board is the Parole Board

Queensland Confidential Information Disclosure Agreement.

Operating Guidelines Page 25

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Sharing received information with others

Sharing with other employees inside your agency

Authorised employees can share received information with other authorised employees if

such sharing and use is lawful and consistent with the Agreement.

An example of the appropriate sharing of received information with others

• A QCS officer has noted that a shared client is extremely distressed by an upcoming

court hearing. The QCS officer is concerned about the shared client’s mental state

and shares this information with a QH clinician in order to facilitate QH arranging

to see the shared client to assess them. The QH clinician who receives the

information considers that the shared client needs to be assessed however is just

about to finish their shift. Because of this, at shift handover the QH clinician shares

the information QCS has provided with the oncoming QH clinician. The information

is shared to ensure that health services can be provided to the shared client and

so the oncoming clinician is aware of the need to assess the shared client. The

oncoming clinician is bound by the same duty of confidentiality. The sharing of

information between QH clinicians in these circumstances is appropriate as it is

lawful and consistent with the purpose of the Agreement to ensure the shared

client is provided with the required care.

Sharing with someone outside your agency

If an authorised employee needs to share information they have received under the

Agreement with a third party outside of Queensland Health or Queensland Corrective

Services, they should seek local advice from their line manager/information privacy or legal

services area to ensure it doesn’t breach their duty of confidentiality.

While the Agreement does not authorise disclosures to third parties there may be instances

where third party sharing is authorised or required, for example a court subpoena. Where

there is a basis for disclosure to a third party, QCS or QH should, where possible, consult

with each other and advise each other of any disclosure.

Documentation and record keeping

When authorised employees receive or share information under the Agreement they must

ensure they document:

• the date and time information was received or shared

• the name and title of the authorised employee that receives or shares the information

• what information was received or shared

• that the information was received or shared under the Agreement.

A copy of the relevant forms for documenting a shared client’s consent or authority to

disclose confidential information is provided in the Resources and further information

section below.

Operating Guidelines Page 26

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

7 Disputes and privacy breaches

Queensland Health and Queensland Corrective Services have a collaborative relationship

and a shared purpose in ensuring shared clients receive effective and efficient health

services and are managed safely. However, they will sometimes have different views as to

whether information sharing is reasonably required.

Dispute resolution process

Authorised employees must follow the dispute resolution process:

Resolving disputes at the local level

Working together at the local level to resolve disputes is highly encouraged. This helps

frontline employees, such as clinicians delivering health services or correctional employees,

to better understand the collaborative relationship and each agency’s roles and

responsibilities to shared clients.

QH and QCS employees should consider the following whilst attempting to resolve disputes:

• Does sharing the subject information align with the guiding principles?

• Does the decision maker need to be provided with further context for why the

information is required, how it would be used and where it will be stored?

• Would removing parts of the subject information resolve the dispute?

• What can be added to local processes and policies or the operating guidelines to resolve

similar future disputes?

Attempt resolution

at a regional level

Attempt resolution

at a statewide level

Dispute resolved

Attempt resolution

at a local level

General dispute

Complex dispute

impacting systemic or

operational planning

If unresolved

Operating Guidelines Page 27

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Resolving disputes at the regional or correctional centre

level

Unresolved disputes should be escalated to the regional level for resolution. This will assist

both agencies with identifying and discussing recurring disputes that can be managed by

updating local processes and policies.

Key contact:

Queensland Health

• Clinical Director for the relevant Prison

Mental Health Service, or

• Nursing Director of Prison Health Services

for the relevant Hospital and Health

Service:

− Cairns and Hinterland

− Central Queensland

− Gold Coast

− Metro North

− Metro South

− Townsville

− West Moreton

− Wide Bay.

Queensland Corrective Services

• Superintendent, Deputy General

Manager for Custodial Operations

(Queensland Health and Queensland

Police Service Engagement)

• Chief Superintendent, General

Manager for the relevant

Correctional Centre.

Resolving disputes at a statewide level

Disputes regarding information sharing which are unable to be resolved at a regional or

correctional centre level should be escalated to the key statewide contacts outlined below.

Systemic issues related to information sharing which impact operational planning, should be

escalated to the Prisoner Health and Wellbeing Leadership Group or Prison Mental Health

Service Steering Committee for discussion and resolution at a statewide level.

These leadership groups are a formal interagency collaborative arrangement between

relevant Queensland Health, Queensland Corrective Services, and consumer representatives.

Their focus is to improve the health and wellbeing of people in Queensland Corrective

Services’ custody and to improve their life course after release.

Escalating disputes to the relevant leadership group assists both agencies with identifying

and discussing any trends or opportunities to address in the operating guidelines. For

example, by adding more contextual guidance and practical examples as necessary.

Key contacts:

• Director, Queensland Forensic Mental Health Service

• Director, Office for Prisoner Health and Wellbeing, Clinical Excellence Queensland

• Deputy Commissioner, Custodial Operations, Queensland Corrective Services.

Operating Guidelines Page 28

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Privacy breaches

A privacy breach occurs when an authorised employee breaches the Agreement by sharing

information in a way that is not authorised by the Agreement, or in a way that is inconsistent

with the purpose of the Agreement and these operating guidelines.

If a privacy breach occurs under the Agreement, the parties must:

• immediately notify the other party of the breach:

− for Queensland Health the relevant contacts are:

Director, Queensland Forensic Mental Health Service; or

Director, Office for Prisoner Health and Wellbeing, Clinical Excellence

Queensland

− for QCS the relevant contact is:

Deputy Commissioner, Custodial Operations, Queensland Corrective Services

• cooperate with each other to try and contain and rectify the privacy breach as soon as

possible and to implement preventative measures to avoid future breaches of a similar

kind

• comply with their own internal privacy breach management processes

• otherwise comply with the requirements of the Information Privacy Act 2009.

Audits

QH audits

It is the responsibility of individual HHSs disclosing information under the Agreement to

establish and administer an audit program to ensure that disclosure of confidential

information to QCS is consistent with the Agreement, to comply with clause 8.2 of the

Agreement. Any breaches of privacy identified through audit must be reported in accordance

with clause 8.1 of the Agreement and escalated to the relevant contact for privacy breaches

provided above.

QCS audits

QCS will administer audits to identify possible misuses of confidential information, including

confidential information obtained or disclosed under this Agreement, in accordance with

applicable QCS information security, and fraud and corruption control policies and

procedures to comply with clause 8.2 of the Agreement. Any breaches of privacy identified

must be reported in accordance with clause 8.1 of the Agreement and escalated to the

relevant contact for privacy breaches provided above.

Operating Guidelines Page 29

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

8 Resources and further information

This section includes:

• Definitions of key terms

• Links to relevant legislation and regulations

• Forms for obtaining and recording requests for informed consent to disclose confidential

information

Definitions of key terms

Authorised

employee

means a designated person and/or informed person as appropriate in

the context.

For QH, a designated person (defined in s139A HHB Act)

For QCS, including engaged service providers, an informed person as

defined in s341(1) of the CS Act.

Capacity Capacity is defined in Schedule 4 of the Guardianship and

Administration Act 2000 to mean a person is capable of—

(a) understanding the nature and effect of decisions about the matter;

and

(b)

reely and voluntarily making decisions about the matter; and

Confidential

information

Confidential information is information about a person as defined by

the relevant legislation.

For QCS, section 341 of the CS Act provides:

Confidential information is any of the following information:

• about a person’s private details (including the person’s identity,

private residential address or contact details)

• that could reasonably be expected to pose a risk to the security or

good order of a corrective services facility

• that could reasonably be expected to endanger anyone’s life or

health, including psychological health

• that could reasonably be expected to prejudice the effectiveness of

a test or audit

• that could reasonably be expected to divulge the identity of an

informant or a confidential source of information

• that could reasonably be expected to disclose an expert’s advice or

recommendation about an offender

Operating Guidelines Page 30

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

•

that could reasonably be expected to prejudice a law enforcement

agency’s investigation

• that could have a serious adverse effect on the commercial

interests, or reveal commercial-in-confidence interests, of an

engaged service provider.

Confidential information is not:

• information already disclosed to the general public, unless further

disclosure of the information is prohibited by law

• statistical or other information that could not reasonably be

expected to result in the identification of the person to whom the

information relates.

For QH, section 139 of the HHB Act provides:

Confidential information means:

• information, acquired by a person in the person’s capacity as a

designated person, from which a person who is receiving or has

received a public sector health service could be identified; or

• information accessed by a prescribed health practitioner under

section 161C(2), which relates to information contained in a

prescribed information system.

Disclosure includes providing information orally, in writing, and in any other

format.

Information

sharing

means the disclosure of relevant confidential information about a shared

client, between Queensland Health and Queensland Corrective Services,

and includes information provided orally, in writing, and in any other

format.

Practicable means capable of being done. If something is ‘practicable’ it is feasible

to be done with the available means or with reason or prudence.

Whether something is practicable or not will be determined having

regard to all the circumstances.

It is not sufficient to consider something not practicable simply

because it is inconvenient, difficult, or will increase costs. While these

factors, and the severity of them, can be relevant when determining if

something is or is not practicable, the fact that a practice is made

slightly more onerous is not enough.

Operating Guidelines Page 31

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Prisoner

means a person in Queensland Corrective Services’ custody and

includes a person who is in the custody of Queensland Corrective

Services pending transport for detention in a corrective services

facility.

It does not include a person who is released on parole or a person who

is detained in an authorised mental health service as a classified

patient under the Mental Health Act 2016.

Right to

privacy

The shared client has a right to privacy, and the preferred mechanism

for information sharing is by obtaining their informed consent

wherever practicable in the circumstances.

Shared clients

means prisoners who are also receiving a health service provided by

Queensland Health.

Relevant legislation

Links to the relevant legislation have been provided below.

Corrective Services Act 2006 (Qld)

Mental Health Act 2016 (Qld)

Hospital and Health Boards Act 2011Q

Hospital and Health Boards Regulation 2012 (Qld)

Information Privacy Act 2009 (Qld)

Forms

The following forms should be used by employees to obtain and record consent from shared

clients and document information shared without consent.

• QH Consent to Disclose information to Queensland Corrective Service

• QCS Authority to Disclose, Release and Exchange Information (Custodial)

Further Information

If you require any further information regarding these Operating Guidelines and/or the

Agreement, please visit the Administration of the Act | Queensland Health webpage.

Operating Guidelines Page 32

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Summary of Changes

Type of Change

Change Detail

Addition of Date of Effect

Addition of ‘Date of Effect – 20 October 2023’ on page 1 to

reflect the date that the information sharing agreement

and operating guidelines became effective

Addition of version control

Addition of ‘version’ control on page 1 to reflect the date

the current version was updated. In this instance v1.1 –

December 2023.

Addition of section for

further information

Link to where users can find further information and

contact information if required on page 21.

Operating Guidelines Page 33

Information Sharing Agreement between Queensland Health and Queensland Corrective Services

Appendix 1 – Broader information

sharing framework

The Hospital and Health Boards Act 2011 and Corrective Services Act 2006 provide an

information sharing framework that supports authorised employees in sharing relevant

confidential information while recognising the shared client’s right to privacy.

Sharing information with consent or authorisation is preferred

Sharing appropriate and relevant information with the shared client’s consent or authorisation is

always preferable.

A shared client’s decision to not consent or give authorisation should be respected wherever

possible.

Queensland Health

• Disclosure with consent of the

shared client

HB Act s 144

Queensland Corrective Services

• Disclosure is authorised by the

shared client

CS Ac

t s 341(3)(d)

Sharing information without consent (under the Information Sharing Agreement)

Authorised employees may sometimes need to consider sharing information without the shared

client’s consent where consent is declined or it is impracticable in the circumstances to request it.

This Agreement facilitates information sharing between authorised employees where it is reasonably

required to facilitate the safe, secure and effective supervision and management of a shared client,

and/or the provision of client focused health services for shared clients.

Queensland Health

• Disclosure to Queensland

Corrective Services under the

Information Sharing Agreement

HB Act s 151(1)(b)

Queensland Corrective Services

• Disclosure to Queensland Health

under the Information Sharing

Agreement

CS Act s 341(3)(a)

Other mechanisms for sharing information (seek advice first)

There are other mechanisms available to allow authorised employees to share information. These

mechanisms are provided below.

Where required, local advice should be sought before using these mechanisms as these operating

guidelines are not intended to cover those other information sharing mechanisms.

Queensland Health

• Other provisions for information

sharing under part 7 of the Hospital

and Health Boards Act 2011

Queensland Corrective Services

• Other provisions for information

sharing under section 341 of the

Corrective Services Act 2006