Pieces of the Puzzle – Accessing Childhood and Time in Care Records

If you spent time in the care of an institution or the government as a child (i.e. in an orphanage, a juvenile detention facility, in foster care or on a settlement) there could be records pertaining to your childhood stored and available for you to access.

Everyone has different reasons for wanting to access their childhood records. At Littles Lawyers, one of the first things we will do when investigating a claim for a survivor of childhood abuse is request any records from the individual’s childhood which may still exist. From a claims perspective, these records (although not essential in pursuing a claim, and sometimes not an accurate reflection of the true circumstances) can often provide important information such as confirmation of admission and discharge from institutions, reasons why an individual came into care, placement history, medical information and details of their family circumstances and correspondence like letters and file notes.

Depending on the State or Territory that an individual spent time in as a child, there are a number of different pathways to request childhood or time in care records. Requesting and accessing records are governed by privacy and freedom of information legislation in the relevant State or Territory.

In Queensland, access to information and records is governed by the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld). Requesting records held by the Queensland Government (i.e. those who were wards of the state, in state-run juvenile detention facilities or in foster care) is usually done by submitting a ‘Right to Information and Information Privacy Access Application’ pursuant to s24 of the Right to Information Act 2009 (Qld) and s43 of the Information Privacy Act 2009 (Qld). It is a five page form which requires individuals to fill out their contact details, the agency they require the information from (i.e. the Department of Child Safety or the Department of Youth Justice), the kind of records they are looking for and any information which might assist in locating the records (i.e. the time period or where the documents may be located). Accessing information which pertains only to yourself is usually free (in QLD). If an individual is seeking to access information which relates to someone else, they may be required to pay an access fee.

In New South Wales, access to information or records from an individual’s time in foster care or a state-run juvenile detention centre is governed by the Government Information (Public Access) Act 2009. Similar to Queensland, a ‘GIPA’ form can be completed (printed or online) and submitted to the relevant Department (i.e. the Department of Communities and Justice).

In New South Wales, individuals who spent time in foster care or orphanages/children’s homes are referred to as ‘Care Leavers’ and can apply to request their childhood records without having to pay a fee.

Individuals are often required to provide proof of their identification when submitting an application to access their records, such as a certified copy of their ID (i.e. drivers licence, birth certificate or proof of age card).