Government bodies and the law
Your agency will make sure you have all the information you need to carry out your role in a way that complies with the law, so you’re not expected to have in-depth legal knowledge of the Acts and Regulations that define out-of-home-care. However, you play a vital role in promoting and protecting the rights of children and young people in out-of-home care.
Government bodies
Office of the Children’s Guardian
The Office of the Children’s Guardian has a number of responsibilities under the Act and Regulation. One of their key roles is developing guidelines to assist agencies and carers in fulfilling their responsibilities under the legislation.
The NSW Child Safe Standards for Permanent Care 2015 are used by the Children’s Guardian for the evaluation, accreditation and ongoing monitoring of agencies that provide statutory out-of-home care services and/or adoption services in NSW.
The rights of children and young people arise from the United Nations Convention on the Rights of the Child (pdf) and the Charter of Rights for Children and Young People in Out-of-Home Care in NSW. These charters underpin the NSW Child Safe Standards for Permanent Care.
Children and young people have the right to:
- be safe and protected from harm
- live a full and healthy life
- participate in decisions that affect them
- live in healthy environments
- receive an education
- receive quality healthcare
- maintain relationships with family and people of significance
- maintain connections to community, culture, language and spirituality
- access information about issues that concern them
- have their privacy respected
- engage in leisure activities and spend time with their peers
- access services that assist them to achieve their full potential.
NSW Civil and Administrative Tribunal (NCAT)
Some decisions that agencies make about out-of-home care can be reviewed by the NSW Civil and Administrative Tribunal (NCAT). These include decisions about authorisation and de-authorisation of carers, and decisions to grant or remove a child or young person from a current placement.
NSW Ombudsman
The NSW Ombudsman can deal with complaints about the way services are provided to children and young people in out-of-home care under the Ombudsman Act 1974 (pdf) and the Community Services (Complaints, Reviews and Monitoring) Act 1993 (pdf).
The Ombudsman can decide to review the circumstances of a child or group of children in care, where various aspects of their welfare and circumstances are examined. It is responsible for reviewing the deaths of children and young people. It also coordinates official community visitors, who advocate for and aim to protect the interests of children, young people and adults living in full-time residential care.
For more information about the NSW Ombudsman call (02) 9286 1000 (Sydney metro) or 1800 451 524 (outside Sydney metro).