Schools and educational institutions do more than just educate students. They provide support and assist with student welfare needs, such as counselling. Therefore, student records contain more than just academic results and attendances. So how should a school or educational institution respond when it receives requests for records relating to a current or former student?
Often requests for records come by way of letter from a student or a lawyer, it could be a court document such as a subpoena or a notice to third party for disclosure. It could be a request from the Department of Communities and Justice or even a search warrant. Confidentiality and respect for the privacy of the student is the cornerstone of the counselling relationship.
During the course of counselling sessions, a student may disclose and the counsellor will record health information within the student’s file. Schools and counsellors have obligations to protect the students privacy and confidential information. However, there are circumstances where information cannot remain confidential. Receiving a request to release the student’s or former students records requires a number of considerations. These considerations include:
- Acting lawyer
- Document type
- Purpose of request
- Statutory obligations
How has a subpoena been issued in criminal or civil proceedings? And if so, does the sexual assault communications privilege apply? Do the documents have the protection of the Commonwealth’s Privacy Act or the New South Wales Privacy and Personal Information Act, and there is also the Health Records and Information Privacy Act to consider.
There are also requirements regarding disclosure under the Children and Young Persons Care and Protections Act.