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This topic covers
- Care and protection matters
- Dealing with the Department of Communities and Justice (DCJ)
- The removal of a child or young person where there is a risk of significant harm
- Getting a Guardianship Order and becoming a guardian of a child or young person in care
- The rights of authorised carers
If an application for a Guardianship Order has been made relating to your child or young person, or if there is ongoing court proceedings, you should get legal advice.Â
| Time limit | Actions |
|---|---|
| 28 days | To appeal an order made by the Children's Court of NSW to the District Court of NSW. |
| 28 days | To appeal a relevant decision to the NSW Civil and Administrative Tribunal. |
Organisation
| Organisation | Responsibilities |
|---|---|
| Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal (NCAT) | Determines reviews of some limited decisions of DCJ. |
| Children's Court of NSW | Hears the majority of care and protection matters. |
| Department of Communities and Justice (DCJ) | The government authority that can take action in the Children's Court of NSW when a child or young person is considered at risk of significant harm. |
| Supreme Court of NSW | Hears some rare and complex care and protection matters. |
Legislation
| Authority | Covers |
|---|---|
| Children and Young Persons (Care and Protection) Act 1998Â (NSW) | The law in relation to care and protection of children and young people. |
| Common term | Definition |
|---|---|
| Authorised Carer | A person who is not a parent who is authorised to care for a child, including foster carers and kinship carers. |
| Alternative Dispute Resolution (ADR) | A process where an impartial person helps the parties resolve any issues in dispute. |
​Care plan | A written agreement that is developed by the Department of Communities and Justice (DCJ) in consultation with you, your child (if appropriate) and any relevant family members. The care plan can set out what services DCJ agrees to provide and things you have agreed to do.​​ |
| Child | A person under 16 years old. |
| Contact order | An order that allows or denies contact with a child or young person. |
​Designated agency | A department of public service or an organisation that arranges the provision of out of home care.​ |
​Guardian ad Litem | ​A Guardian ad Litem (GAL) is appointed by a Court or Tribunal to conduct legal proceedings on behalf of a person who is:
|
Guardianship order | An order that allocates parental responsibility for a child or young person to a relative, kin or other suitable person. |
Kin | A person who shares a cultural, tribal or community connection with a child or young person. |
Mandatory reporter | A person whose work involves managing, supervising or delivering health care, welfare, education, children's services, residential services or law enforcement to children (under 16 years old). The person has a legal obligation to make a report to the Department of Communities and Justice if a child is at risk of significant harm. |
Out-of-Home-Care (OOHC) | Residential care and control of a child or young person provided by a person, other than a parent, at a place which is not the child's usual home. |
Parent Capacity Order (PCO) | An order requiring parents or primary care givers to attend a program, service or course, or to undergo treatment or therapy to improve parenting skills. |
Parent Responsibility Contract (PRC) | An agreement between the Department of Communities and Justice and a parent that contains provisions aimed at improving their parenting skills for their child or unborn child. There may be serious consequences if the parent breaches the contract. A Parent Responsibility Contract must be registered with the Children's Court of NSW and takes effect only once it is registered. It will last up to a maximum of 12 months. |
​Parental responsibility | ​All the duties, powers, responsibilities and authority that parents have in relation to their child. It includes the ability to make decisions for your child, such as where they are to live, educational and medical decisions. |
Permanent placement | Long term placement of a child following removal from the parents. |
Permanent placement principles | Principles that set out the order of preferred placements that courts must follow when deciding who a child or young person will be placed with permanently. The order is: 1. Restoration to parents or placement with family 2. Guardianship 3. Adoption, except Aboriginal or Torres Strait Islander children or young people - for these children this option will be last 4. Parental responsibility to the Minister and placement in out of home care. |
​Standardised care orders | ​A list of orders prescribed by the Court that people must use when applying for orders in care and protection matters. It is not an exhaustive list of all orders that a person can apply for in care and protection matters. Where a person applies for an order that is included in the list but doesn’t use the standard order, the Court won’t accept their application. |
Temporary care arrangement | A short-term arrangement that gives the Department of Communities and Justice the care and responsibility for a child. It requires the consent of a parent and will last for three months, but can be extended for one further three month period. |
| Young person | A person that is 16 or 17 years old. |
| Organisation | Forms |
|---|---|
| Children's Court of NSW | Forms for care and protection cases |
| Standardised care orders |
| Organisation | Type | Costs |
|---|---|---|
| Children's Court of NSW | Legal costs | The Court can't make an order for costs in care and protection proceedings unless there are exceptional circumstances. |
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Last updated: February 2024