Resolving concerns & understanding your rights about complaints

Being a carer is no easy task. Some days can be tough.

There are always issues that need to be solved and decisions made to help ensure children and young people have the support they need. This information aims to help you work with your caseworker to resolve issues as they arise.

Addressing concerns and making a complaint

As a carer you are not alone – you are a member of a team. This team may include the caseworker, other staff from your foster care provider and professionals such as the child psychologist or speech therapist, or teacher. 

A child or young person’s needs are best met when the different members of the team work together. However, sometimes difference of opinions can occur. 

At some point, you may need to discuss concerns or even make a complaint because you:

  • are worried or concerned about a decision your Agency or DCJ has made
  • are concerned about the level of service or support you receive
  • have a complaint made against you. 

When complaints are made against you it can be a distressing and confusing time, however, understanding the process, knowing your rights and where to get support will help. 

Information about the complaints and appeals process should be a part of carer training and induction. How your Agency or DCJ addresses complaints and allegations are required to be clearly stated in a policy. 

If you’re not sure about the policy, you can ask to see the written policy or it might be on the Agency’s website.

The benefits of making a complaint 

Resolving concerns through discussion is the first approach, however, sometimes you may need to take your concerns to a manager or senior person. There are many benefits of making a complaint and telling someone about your problem. 

Complaints can: 

  • increase the chance of getting a better outcome
  • help others in similar situations
  • let agencies know there are problems, and help them improve their services
  • provide you with an explanation for why something has happened
  • give you a greater control of your life. 

You have a right to fair treatment and while it’s important to try and resolve concerns before making a complaint, you have a right to make a complaint.

Resolving issues or concerns

Working closely with your caseworker and provider and the professionals involved in the child or young person’s life is the best way to resolve issues. 

If you hold onto a small problem, it can quickly become a bigger problem and be harder to resolve. Try to create positive working relationships and an atmosphere of cooperation – don’t forget to listen to all sides of the issue. 

It is best to handle concerns informally with the people and professionals working with you – including listening to the child’s views, especially older children and teens. In the first instance, talk to the caseworker or person responsible for the view or decision you are concerned about. 

Raising concerns when they arise can help resolve issues early – stopping problems from growing and escalating to a formal complaint. 

It is only when your attempts to solve the problem informally gets no results that it may be necessary to make a formal complaint. 

If after speaking to the caseworker your issue is not resolved informally then ask to speak with the caseworker’s manager or the person the manager reports to, to see if you can work with the provider to resolve the issue. 

Make sure you are familiar with your provider’s policy on managing a carer complaint. Non-government providers and the Department of Communities and Justice (DCJ) have different processes to follow when solving problems or making a complaint. 

While each provider has different procedures there are some common steps you can take when you have an issue or complaint. Y

our provider is required to have written information about their complaints process, and you can ask for a copy of this information. 

Note: To report suspected child abuse or neglect contact the Child Protection Helpline on 132 111 (TTY 1800 212 936).

Tips for effective communication with your caseworker
  • Set up a time to discuss your issue that suits all parties. Make sure you allow plenty of time, so you are not rushed or run the risk of running out of time.
  • Take a plan or some notes – have points about what you want to talk about and identify what outcome you would like.
  • Speak from your own perspective – describe a particular behaviour rather than making generalisations. Avoid using words like “always” and “never”.
  • Focus on the problem, not the person – try to keep the focus on what you have a problem with rather than blaming or finding fault.
  • Listen – if you don’t understand something you are entitled to ask for clarification until you do.
  • Support – for example, from a carer support group or carer organisation, or someone who understands the situation. This person could help take any notes, provide guidance or support and offer to keep the meeting constructive.
  • Refer to your notes – this can help if you are going off track, so you don’t forget anything or becoming flustered.
  • Give your full attention – put aside opinions or judgments. Try to see the situation from the other’s point of view, even if you don’t agree with them.
  • Have a calm manner – if you are hostile or angry you may run the risk of putting the caseworker offside. Staying calm will help the discussion move forward.
Tips for making a written complaint

It is suggested you include the following information:

  • your name and contact details
  • the date of the events relating to your complaint
  • the name of your foster child
  • a short and succinct explanation of the decision you disagree with- this might include the following:
    • details of the decision you are complaining about and why you think it is wrong
    • the date of the decision • the name of the provider
  • the name of the caseworker
  • the outcome that you desire
  • advise what will happen if you don’t get the response you require by the nominated timeframe. For example, you could escalate the complaint to someone more senior or you may go to an outside organisation like the Ombudsman
  • any legislative provisions or Department guidelines you are relying on in making your complaint (if applicable)
  • copies of any supporting documentation you hold that supports your complaint (if applicable)
What can I expect from my provider?

You can expect to be permitted to speak with the manager. If you are not sure who the manager is, contact the provider directly and ask for their details. You can expect the manager will discuss your complaint with you, and depending on the nature of your complaint, speak with you via the telephone or make a time to meet with you in person.

The manager should listen to you and discuss the issues and options with a view to reaching a solution that is agreeable to all parties. You may like to take a support person with you to this meeting. Remember, the key focus will always be what is in the best interest of the child or young person.

All providers who provide out-of-home care in NSW must meet the accreditation standards set by the NSW Children’s Guardian – Guide to child safe standards.

Practice requirement 5 from the guide —people who work with and care for children are suitable and supported

Key requirement: People who care for children and young people have the right to raise complaints or request a review of an agency’s decisions regarding their caring role. Indicators of compliance with the standard:

Supervision, Training and Support

  • Your agency must provide regular and planned supervision and ensure supervision processes include opportunities for discussion and skill development.
  • your agency must provide planned ongoing training to carers and staff, which must include an understanding of trauma, its impact on children, and the principles of trauma-informed care
  • Your agency must provide staff and carers with safe and confidential opportunities to raise concerns or discuss personal matters that may impact on their work.
  • Your agency must review the ongoing support and training needs of carers and staff at least annually.
  • Your agency must seek feedback to evaluate whether the training provided to caregivers is useful.
Still not resolved?

You can seek help or advice from a carer support and advocacy organisation. These agencies support the carer when resolving concerns and can advise about complaints processes. 

If you remain unhappy with the response after you’ve made an official complaint to your provider (after speaking with the caseworker and manager) you have the right to take your complaint to another body for external review. 

These agencies will ask you if you have attempted to resolve the issue locally first with your provider. You will need to ask whether they can deal with the matter and if not, which agency can help. Agencies that may review your matter include: 

  • Department of Communities & Justice (DCJ)
  • NSW Office of the Children’s Guardian (OCG)
  • NSW Ombudsman,
  • NSW Civil and Administrative Tribunal
  • Information and Privacy Commission of NSW
  • Anti-Discrimination Board of NSW.
Department of Communities and Justice (DCJ)

DCJ Enquiry, Feedback and Complaints Unit (EFCU) is committed to ensuring that complaints are handled fairly, respectfully, and confidentially.

EFCU values feedback from everyone because it helps improve DCJ services and the services DCJ funds. They aim to resolve most complaints within 20 working days.

Some of the issues we assist to resolve include:

  • the manner in which a service has been provided
  • disagreement with decisions made by DCJ or a non-government organisation NGO
  • the actions of employees, such as unfair treatment or poor communication
  • the complaints handling process itself

Note: DCJ generally cannot resolve complaints about decisions made by courts or tribunals, but they may be able to provide information or refer you to other avenues.

How EFCU Resolves Complaints

  • EFCU will listen to your complaint and may resolve it promptly over the phone
  • If it cannot be resolved immediately, your complaint will be referred to the most appropriate person
  • EFCU and senior management work to provide an outcome that is fair and correct

For more details, see the DCJ Complaint Handling Policy.

Contact EFCU

Phone: 1800 000 164 (Monday–Friday, 9am–4:30pm)
Email:complaints@facs.nsw.gov.au
Website:DCJ Complaint Handling

If you need an interpreter, please let EFCU know when you call.

Office of the Children’s Guardian (OCG)

The Office of the Children’s Guardian (OCG) is an independent statutory authority that promotes the safety, welfare, and wellbeing of children and young people in out-of-home care (OOHC).

The OCG’s main responsibilities include:

  • Accrediting and monitoring the performance of agencies that arrange statutory and supported OOHC and adoption services.
  • Registering and monitoring organisations that provide, arrange, or supervise voluntary OOHC.
  • Overseeing the Working with Children Check (WWCC) to help keep children safe from harm.

The OCG is a regulator, not a provider of care services. This means it ensures organisations follow the law and meet standards of care, rather than directly providing services to children or carers.

When to Contact the OCG

If you have a concern or complaint that isn’t being handled properly by your agency, or you believe a child’s safety or wellbeing may be at risk, you can contact the OCG.

You can raise a concern about:

  • The quality or safety of a service for children and young people
  • The Working with Children Check process or results
  • The employment of a child (for example, in entertainment, modelling, or other work)

Useful Links

Contact the OCG

Phone: 02 8219 3600
Email:info@kidsguardian.nsw.gov.au
Hours: Monday to Friday, 9am–5pm

 

NSW Ombudsman

The NSW Ombudsman is an independent organisation that helps make sure government agencies and community service providers do the right thing.

The Ombudsman can look into complaints about the conduct of the Department of Communities and Justice (DCJ), as well as service providers or their employees who deliver services on behalf of DCJ.

They deal with each complaint fairly and objectively, and whenever possible, they encourage local resolution — meaning the issue may first be resolved directly with the agency involved.

What types of complaints can the Ombudsman help with? 

  • The Department of Community & Justice (DCJ).
  • Non-Government services for children and young people that are funded by DCJ, including foster care, residential out-of-home care and some early intervention services.
  • Specialist homelessness services funded by DCJ, including youth and women’s refuges.
  • Other community services funded by DCJ such as family support services, domestic violence services and carer advocacy services 

When the Ombudsman May Not Take Further Action

  • The Ombudsman might decide not to take action if:
    • The issue happened more than 12 months ago and there are no ongoing concerns
    • The issue has already been, or could be, appealed to a Tribunal or Court
  • In every case, the Ombudsman will write to the person who made the complaint, explaining what has been decided and why.

Need More Information?

You can find out more about:

How to Contact the Ombudsman

Free call: 1800 451 524
Sydney phone: (02) 9286 1000
Hours: Monday to Friday, 9am–4pm
(This is a free call in Australia. Mobile charges may apply depending on your provider.)

Online complaint form: available 24 hours a day
 Submit a complaint online

Additional Support

Aboriginal and Torres Strait Islander support
If you are Aboriginal or Torres Strait Islander, you can ask to speak with a member of the Ombudsman’s Aboriginal Unit for culturally appropriate support.

Language support
If you need help in another language, you can contact the Telephone Interpreter Service (TIS):

  1. Call 131 450
  2. Ask to speak to the NSW Ombudsman on 9286 1000

People with disability
If you are d/Deaf, hard of hearing, or have a speech or communication difficulty, you can contact the Ombudsman through the National Relay Service (NRS).

  • Step 1: Contact through your preferred NRS call channel
  • Step 2: Provide the NRS with the Ombudsman’s number 1800 451 524

Visit in Person: Level 24, 580 George Street, Sydney NSW 2000
You can request an in-person appointment by calling 1800 451 524.

NSW Civil and Administrative Tribunal (NCAT)

The NSW Civil and Administrative Tribunal (NCAT) is a legal body that reviews decisions made under child protection law. It’s more informal than a court and helps resolve issues fairly.

What decisions can NCAT make?

NCAT can:

  • Grant or remove a carer’s responsibility for day-to-day care
  • Add conditions to a carer’s authorisation
  • Suspend or cancel a carer’s authorisation

These decisions are made under the Children and Young Persons (Care and Protection) Act 1998 and Regulation 2000.

How NCAT works

NCAT holds hearings where both sides can share their views. A tribunal member listens and makes a decision based on the law and evidence.
 

NCAT divisions and appeals

Carer matters are usually handled by the Administrative and Equal Opportunity Division. You may be able to appeal a decision.
 

How to apply

  • Apply within 28 days of being notified of DCJ’s internal review decision
  • You must post or deliver your application form — online, email or fax is not accepted
  • If the deadline has passed, you can ask for an extension with a valid reason
  • NCAT will decide at a directions hearing whether to accept a late application
  • There is no fee to lodge an application about a decision affecting an authorised carer

Prepare for your hearing

You can bring documents, notes, or support people. NCAT hearings are usually informal, but it helps to be prepared.
 

Help and support

NCAT offers support services to help you through the process:

Contact NCAT

Phone: 1300 006 228
Website:www.ncat.nsw.gov.au
Hours: Monday to Friday, 9am–5pm

Information and Privacy Commission NSW

The Information and Privacy Commission (IPC) is an independent statutory authority that promotes transparency and accountability across NSW government agencies.

The IPC helps ensure people have access to government information while protecting their privacy rights.

When to Contact the IPC

You can contact the IPC if you:

  • Disagree with a decision made by a government agency or service provider about the release of information under the Government Information (Public Access) Act 2009 (GIPA Act).
  • Want advice or help understanding your privacy rights and how your personal information should be managed.

If you wish to have a decision reviewed, you must apply to the Information Commissioner within 40 working days from the date the decision was sent to you.

Contact the IPC

Website:www.ipc.nsw.gov.au
Telephone: 1800 472 679
Hours: Monday to Friday, 9am–5pm

Anti-Discrimination Board of NSW

The Anti-Discrimination Board of NSW was set up under the Anti-Discrimination Act 1977 (NSW) to promote anti-discrimination and equal opportunity principles and policies throughout NSW and to administer the Act. Only certain types of discrimination are covered by the NSW Anti-Discrimination Act 1977. 

You can find out more about the types of discrimination that are against the law on their website. If the discrimination or harassment happened more than 12 months ago, the Board can refuse to investigate the complaint, however, this is not automatic. If your complaint is about events that occurred more than 12 months ago, you can proceed to providing an explanation for the delay in lodging the complaint. 

Contact the ADB

Website:antidiscrimination.nsw.gov.au
Phone: (02) 9268 5544
Toll-free (regional NSW): 1800 670 812

Support and advocacy

If you are worried about trying to resolve an issue informally, you can seek help from a carer support organisation. There are support services funded specifically to provide quality advice, support, training and advocacy at no cost for you. These organisations have expertise in working with DCJ and out of home care providers to help carers and understand the policies and processes that impact on children and carers. 

What is an advocate? 

The role of an advocate is to offer independent support to those who feel they are not being heard and to ensure they are taken seriously and that their rights are respected. It is also to assist people to access and understand appropriate information and services. 

Carers for Kids NSW

Carers for Kids (formerly known as MFF My Forever Family) are the NSW carer support service for all carers (foster, kinship, guardianship and adoption). 

They offer a free telephone advice and advocacy service. They also provide carers with training and connection events and peer support. 

For support call 1300 782 975. Monday to Friday 9am – 5pm. Interpreter Service: 131 450. 

Website; https://www.carersforKids.org.au

AbSec – NSW Child, Family and Community Peak Aboriginal Corporation

AbSec provides information, support and training opportunities for Aboriginal and non-Aboriginal foster and kinship carers of Aboriginal children and young people in NSW. 

The Aboriginal Statewide Carer Support service provides a free telephone advice and advocacy service for Aboriginal carers and non-Aboriginal carers caring for Aboriginal children. 

Free call 1800 888 698. Monday to Friday 9am – 5pm 

Website www.absec.org.au 

Carers NSW 

Carers NSW provides support to any individual who provides care and support to a family member or friend who has a disability, mental illness, drug or alcohol dependency, chronic condition, terminal illness or who is frail due to age.

The service includes a dedicated carer support line; 02 9280 4744 during business hours.

Website; www.carersnsw.org.au 

Carer support groups

There are more than 40 different carers support groups across NSW for foster, relative and kinship carers, including specific groups for grandparents and Aboriginal carers. 

These ‘peer’ support groups allow carers to meet and support each other, sharing knowledge and experience and increasing their understanding about caring for a child who may have experienced abuse, neglect and trauma. 

Talk to Carers for Kids or the AbSec Carer Support team, or your caseworker, about connecting with a local carer support group. You may even want to start your own. Talk with your caseworker and other carers about what is available in your area. 

Peer groups listed on the Carer for Kids website, www.carersforkidsnsw.org.au/carer-support/carer-support-group/find-a-carer-support-group/

Other resources

Download

Download Carers Complaints Support Guide PDF 455.31KB File last updated on: 30 September 2024.

If you have any accessibility feedback or concerns related to this resource, please contact us.

Type: Guide
Author: Department of Communities and Justice
Publication Date: 30 September 2024
Version: 1

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