Understanding your rights, responsibilities and legal information as a carer

There are also laws and guidelines that support you in your role. Your rights and responsibilities as a carer come from the Children and Young Persons (Care and Protection) Act 1998 and the conditions of your authorisation. These help everyone understand what you can expect, what’s expected of you, and how important decisions are made while the child is in your home.

Caring in OOHC is very much a team effort. You’re working alongside:

• the child or young person
• their family and the people who are important in their lives
• your own family
• the child or young person’s caseworker
• professionals, such as teachers, health workers and cultural or spiritual supports
• the designated agency

Together, you share the responsibility for the child’s wellbeing. DCJ, the child’s family and the professionals around them all play a part. The caseworker brings everyone together, helps coordinate decisions and is there to support you whenever you need guidance.

The safety and wellbeing of children and young people in out-of-home care is strengthened by positive, respectful relationships between:

• the child or young person
• their carer
• the designated agency (DCJ or a non-government agency).

The Code of Conduct for authorised carers (PDF 233.75KB) is a principle-based framework. It promotes high standards of behaviour and outlines both:

• what authorised carers are expected to do
• what carers can expect from their supervising agency.

The Code is consistent with the Children and Young Persons (Care and Protection) Act 1998 and the Children and Young Persons (Care and Protection) Regulation 2012. Carers and agencies are legally required to follow these laws.

It also supports children’s rights

Key resources:

• Charter of Rights for children aged 7–12 (PDF 12.11MB),
• Charter of Rights for young people aged 13–17 (PDF 12.11MB)

As an authorised carer, your role is to provide a safe, caring, and supportive home where the child or young person can thrive. This includes helping them feel secure, supported, and connected to their family, culture, and community. You don’t need to have all the answers — your caseworker and agency are there to support you every step of the way

Providing a safe and nurturing home

• make your home a safe, clean, and welcoming space where the child’s physical, emotional, and developmental needs are met
• provide everyday experiences that help them learn, grow, and feel cared for
• respect their privacy, belongings, and personal space
• encourage participation in age-appropriate activities, friendships, and community experiences
• keep records of their time in care, including diaries, photos, school or health updates, or life story materials

Tip: small routines, consistent boundaries, and clear expectations help children feel safe and supported

Supporting identity, culture, and spirituality

• help the child feel proud of who they are, including their culture, religion, or spirituality
• follow cultural support plans, particularly for aboriginal, torres strait islander, or culturally and linguistically diverse children
• support connections with important people in their life, including family, siblings, and community members
• encourage them to express their views and feelings and take these seriously

Tip: celebrating cultural events or sharing family stories can strengthen a child’s sense of belonging

Working with your caseworker and other professionals

• keep your caseworker informed about the child’s progress, challenges, or any significant changes in your household
• attend meetings, training, and case plan reviews as required
• ask for guidance if you’re unsure about decisions or need support with behaviour, education, or health matters
• allow authorised workers to visit your home and spend time alone with the child when required

Tip: early communication is not about scrutiny — it helps everyone support the child and reduces stress for you

Carers have the right to access independent advice or support if they feel unsure about decisions or need advocacy.

Health, wellbeing, and education

• consent to routine medical and dental treatment, and check with your caseworker for more complex procedures, including general anaesthetic or psychotropic medication
• ensure the child’s health, dental, and wellbeing needs are met
• follow positive behaviour support strategies — physical punishment, humiliation, or coercion are never acceptable. restraint should only be used in extreme situations to prevent serious harm
• support learning and school participation, and provide reasonable age-appropriate responsibilities at home
• work with your caseworker and agency to access ndis or other supports if needed

Tip: keep a small health/education folder for the child — it helps you stay organised and supports continuity of care.

Carers are entitled to guidance and support to advocate for the child’s education, health, and developmental needs.

Supporting family and other significant relationships

• cooperate with family time and contact arrangements, following care plans or court orders
• speak respectfully about the child’s family and help the child understand their situation in an age-appropriate way
• support safe and positive relationships with siblings, relatives, and important adults

Tip: even if family relationships are challenging, children benefit from knowing adults can support them respectfully

Reporting changes and significant events

• let your caseworker know as soon as possible about major accidents, injuries, or serious illness
• let your caseworker know about disclosures of harm or abuse, past or present
• let your caseworker know if you or someone in your household is charged with or convicted of an offence
• let your caseworker know about changes in your household, such as new residents, partners moving out, pregnancy, travel, or long-term visitors
• let your caseworker know about anyone over 18 who spends regular time with the child, including partners, extended family members, or long-term visitors who require a working with children check

Tip: sharing information early keeps children safe and ensures you get support before things escalate.

Carers have the right to clear, timely information about agency investigations, reportable conduct processes, and decisions affecting their role.

Preparing for the future (leaving care)

• support young people aged 15+ to develop independent living skills and prepare for adulthood
• recognise that support may be needed beyond age 18, particularly for young people with disabilities
• work with your caseworker and relevant services to help young people transition successfully

Tip: encourage young people to make choices, practice skills, and feel confident about life after care

Taking care of yourself

• keep your knowledge and skills up to date with training and resources
• acknowledge your own feelings — it’s normal to feel challenged, stressed, or sad
• seek support when needed
• use respite, hobbies, or talking with other carers to prevent burnout

Tip: caring for yourself helps you care for the child.

Carers have the right to support to maintain their wellbeing, including respite, access to networks, and resources to prevent burnout. 

Key resources:

•  Looking after yourself

Authorised carers must

• follow the lawful policies, procedures and guidelines of their designated agency
• uphold the rights of children as set out in the nsw charter of rights for children and young people in out-of-home care
• immediately report allegations or incidents of abuse, neglect, ill-treatment or reportable conduct to your caseworker or call the child protection helpline at 13 21 11 (available 24/7). if a child is in immediate danger, call the police on 000
• allow reasonable access for agency workers to visit the home and speak with the child
• actively participate in case planning and reviews. can help prevent burnout.

• Carers must comply with the Code of Conduct as a condition of authorisation.
• If a carer does not comply:
• the agency may investigate
• a reportable conduct process may be initiated
• authorisation may be suspended or cancelled.
• Carers must receive written notice of any decision and information about review rights.

Decisions can be reviewed internally and externally through the NSW Civil and Administrative Tribunal (NCAT).

The code sets standards for how agencies must support carers, so you can feel confident and supported in your role

Respect and Participation

Carers can expect to be:

• recognised as an important partner in the child’s care and valued for their role
• consulted on decisions affecting the child
• supported with tailored respite and assistance
• able to nominate a support person at meetings
• provided access to their personal file
• informed about complaints processes
• given enough information to make informed decisions about accepting or continuing a placement
• able to raise concerns, ask questions, or request reviews without fear of negative consequences.

Information

Carers can expect to be:

• given a copy of the NSW Charter of Rights for Children and Young People in Out-of-Home Care.
• provided relevant known information about the child
• informed about their legal responsibilities
• informed about reportable conduct processes
• advised of investigation outcomes within reasonable timeframes
• provided access to interpreter services where required
• informed about carer support networks and 24-hour support contacts.

Support and training

Carers can expect to be:

• provided ongoing training and development opportunities
• supported to meet children’s health and educational needs
• supported to address trauma and disability needs
• trained in positive behaviour support practices
• supported to implement cultural plans
• provided access to support if a reportable conduct investigation occurs.
• provided information about independent support services, advocacy organisations, and carer support networks.

Key resources:

• Advocacy and support
• Learning and development for carers

Caseworkers play an important part in making sure children and young people in out-of-home care feel safe, supported, and connected. They step in when there are concerns about a child’s safety, help organise and adjust care arrangements, and work alongside carers to make sure each child has a stable and nurturing place to stay when they can’t live with their parents

They’re also there for you — to listen, guide, problem-solve, and make sure you have the support you need in your caring role

What You Can Expect from Your Caseworker

• making sure the placement supports the child’s identity and culture, and feels like the right fit for them
• offering guidance, information, and ongoing learning opportunities so you feel confident in your caring role
• leading the Case Plan, checking in regularly, and working with everyone involved to keep it up to date
• making sure you understand your part in the Case Plan, and helping everyone stay on the same page
• working with you and the child or young person so they understand their situation and their needs are being met
• listening to what you share, taking it seriously, recording it, and responding in a way that supports the child’s wellbeing
• responding promptly when you ask for financial help or practical support, especially when things are urgent
• supporting safe and meaningful family time, including contact with birth family and other important people in the child or young person’s life.

Your caseworker isn’t just there for the child — they’re there for you too. Their job is to walk alongside you, help you problem-solve, and make sure you never feel like you’re carrying the load on your own

Carer Support from Non-Government Agencies

Different agencies organise their support teams in different ways. The rewards of foster care are seeing a child blossom, be settled, and be happy

• some non-government agencies have caseworkers who focus just on supporting carers, alongside other caseworkers who work directly with the child or young person
• other agencies have one caseworker who supports both you and the child, working with your whole household as a team
• either way, the aim is the same: to make sure you feel supported, understood, and never left to manage things on your own. Whatever the setup, you should always have someone you can turn to for guidance, problem-solving, or just a listening ear

The Code is issued by the Minister  for Families, Communities and Disability Services and applies across the out-of-home care sector. It is to be administered by the Department of Communities and Justice and any amendments will need to be made and approved by the Minister for Families, Communities and Disability Services.

Agencies may develop additional policies and procedures, but these must align with:

• the Children and Young Persons (Care and Protection) Act 1998
• the Children and Young Persons (Care and Protection) Regulation 2012
• the Code of Conduct for authorised carers (PDF 233.75KB).

Everyone working with or caring for children and young people in out‑of‑home care has a responsibility to make sure they know about their rights. This includes the Charter of Rights, , and, where it applies, UN Declaration on the Rights of Indigenous Peoples.

The Children and Young Persons (Care and Protection) Act 1998  also makes it clear that carers and caseworkers must actively support these rights in their everyday work with children and young people.

Children and young people’s rights

Every child and young person in out-of-home care has rights — and everyone who works with or cares for them plays a role in protecting and supporting those rights. This includes carers, caseworkers, and service providers.

All children and young people in care must be given a copy of the Charter of Rights. There are child-friendly versions for different age groups:

• Charter of Rights for children aged 7–12 (PDF 12.11MB)
• Charter of Rights for young people aged 13–17 (PDF 12.11MB)

Key resources:

These resources help start important conversations in a simple, engaging way — especially when a child is unsettled, unsure, or has had difficult experiences.

The Charter is a clear, child-friendly statement of the rights every child and young person in out-of-home care has. These rights help them feel safe, respected, and included. They include the right to:

• have their own beliefs, culture, and way of life
• be treated fairly and with respect
• stay connected with family, community, and people who matter to them
• do things they enjoy and have opportunities to be themselves
• take part in important decisions about their life
• be told why they are in care and keep a record of their time in care
• ask for, read, and add to information kept about them
• feel safe and not be hurt or abused
• speak up or make a complaint if something isn’t right
• get the services they need to stay healthy and well
• receive extra help with school or learning when needed
• get support if they need to go to court
• share what they think and feel, and have their voice heard

As a carer, you play a vital role in making these rights real in everyday life — by listening, explaining, supporting, and helping children speak up when something doesn’t feel right.

Sometimes, worries or concerns may be raised about how a carer has interacted with a child or young person. This can feel unsettling — but it’s important to know that this can happen to any carer, even those who are experienced, dedicated and doing their very best. You’re not alone, and it doesn’t mean you’ve done something wrong.

Good training, positive parenting approaches and staying connected with your caseworker all help reduce misunderstandings. But even with all of that in place, allegations can still happen, and the system is designed to look into them fairly and with children’s safety at the centre.

DCJ has created a clear, easy‑to‑follow guide to help carers understand the NSW Reportable Conduct Scheme, (PDF 272.49KB) which is overseen by the Office of the Children’s Guardian. It explains, in simple language, what the scheme covers, who it applies to, and why it exists. The focus is on keeping children safe, while also making sure carers are treated with fairness and respect.
 

The most important thing to remember is this:
You don’t have to go through this on your own.
Support is available, and your agency and caseworker are there to walk you through the process, answer questions and make sure you feel informed and cared for at every step.

When an allegation is made, the Department of Communities and Justice (DCJ) or your non‑government agency will look at the information and decide whether it meets the legal definition of a reportable allegation under the Children’s Guardian Act 2019. 

Reportable allegations cover a range of behaviours, including:

• sexual offences or sexual misconduct involving a child (including child abuse material)
• assault, ill‑treatment, or neglect of a child
• behaviour that causes psychological harm, even if the child may have seemed to consent
• behaviour that falls short of the Code of Conduct, such as physically punishing (smacking) a child in care

It’s also important to know that the process focuses on the type of behaviour, not the situation around it. This means that if an allegation is made, it doesn’t matter:

• which child was involved — a child in care, your own child, or another child
• where the behaviour is said to have happened

If the behaviour fits the legal definition, the agency is required to treat it as a reportable allegation and look into it.

How are allegations handled?

Any investigation is carried out with:

• fairness to the carer who is the subject of the allegation, and
• the highest possible priority given to the safety and wellbeing of the child or young person.

All allegations are assessed carefully and confidentially, and carers are given the opportunity to respond as part of the process.

Who investigates?

• The DCJ Reportable Conduct Unit investigates allegations made about DCJ carers.
• For carers supported by non-government agencies, the agency first decides whether the concern meets the threshold of reportable conduct.
• If it does meet the threshold, an investigation is required.

Keeping children safe during the process

To protect the safety and wellbeing of the child or young person — and any other children living in the home — temporary changes to care arrangements may be made while an investigation is underway. These decisions are based on a careful assessment of safety and welfare.

If an investigation proceeds, the carer will be:

• told that an allegation has been made
• informed of the details of the allegation as clearly as possible
• given the opportunity to respond and provide relevant information
• able to have a support person present during interviews
• able to ask questions and request a review if they believe not all relevant information was considered

Carers are notified once the agency has enough information to provide a clear and accurate explanation of the concern.

Confidentiality and fairness

All information, records, and documents are treated as confidential. Only people who have a direct role in the investigation are involved. This helps protect everyone involved and ensures the process is fair, respectful, and thorough.

If the agency determines the conduct meets the definition of reportable conduct, it will:

• plan and carry out an investigation
• gather evidence and give the carer a chance to respond to each allegation
• complete an investigation report and make findings
• notify the carer of the outcome in writing
• make recommendations about next steps, such as support for children or a review of the carer’s role
• notify the Office of the Children’s Guardian (OCG), where required
• update the Carers Register

The Office of the Children’s Guardian oversees how agencies prevent and manage reportable conduct and ensures appropriate systems are in place.

If the conduct does not meet the definition of reportable conduct, the agency — and sometimes DCJ — will still decide what actions are needed to keep the child safe.

Once the investigation is complete, the carer will be informed of the outcome and any actions or supports that may follow. Decisions are made carefully to protect children, while being fair and transparent with carers.

Being involved in a reportable allegation process can feel stressful and confronting. It’s important to know that an allegation does not mean you have done anything wrong. Allegations can be made in many circumstances, and they must be assessed carefully and fairly.

These processes exist to protect children and young people, while also ensuring carers are treated with respect and given the opportunity to share their side of the story. Investigations are carried out confidentially, and carers are supported to respond, ask questions, and access a support person if they wish.

If you are involved in an allegation process, stay connected with your caseworker or agency. If you do not feel they're supporting you contact Carers for Kids NSW who can provide support and advocacy.

Support is available, and you do not have to navigate this on your own.

• Guide to support authorised carers understanding the NSW Reportable Conduct Scheme ) (PDF 272.49KB)  The guide outlines what is expected of carers under the scheme, including their responsibilities if a concern is raised, and how reportable conduct is assessed and managed. It also provides information about the roles of agencies and oversight bodies involved in the process.

  Importantly, the guide highlights the support available to carers, including where to seek advice, how carers are supported during a reportable conduct process, and what resources are available to help carers meet their obligations with confidence.

• Reportable conduct scheme
• Reportable conduct scheme fact sheets

In March 2007, a law was introduced after consultation with carers. It sets clear rules about what placement information can be shared, and when.

The law:

• Puts the safety and wellbeing of children, carers and carer families first.
• Gives children, carers and important people in the child’s life a chance to have their views considered before information is shared.
• Defines “significant people” as those who have a close and meaningful relationship with the child.
• Allows carers to challenge decisions about releasing information through an internal review or the NSW Civil and Administrative Tribunal (NCAT).

Read the Out-of-Home Care Release of placement information legislation.

There are two types of placement information that may be shared:

1. General (non-identifying) information
2. High-level (identifying) information

The type of information shared depends on safety and risk.

General (non-identifying) information

This is information that does not reveal where you live or work.

It may include:

• Your first name
• Your household’s culture, religion or main language
• General household details (number and ages of children)
• Pets and type of accommodation
• Major life events affecting the child (births, deaths, serious illness)
• Moving house or changing school (not the address)
• A PO Box address (if it cannot identify your location)
• Mobile phone numbers

This information helps maintain important family relationships while protecting your safety.

High-level (identifying) information

This is information that could identify where you live, work or where the child goes to school.

Examples include:

• Your surname
• Your street address
• Landline phone number
• Details of your job that could identify your workplace
• The name or specific location of the child’s school

This type of information is only shared if it is assessed as safe.

You must be asked to give written consent before it is released.

The designated out-of-home care agency:

• Assesses risk
• Decides what information may be shared
• Must ask for your written consent before releasing high-level identifying information

Information is only provided to parents or significant people if it does not pose a risk to:

• The child or young person
• You
• Anyone in your household

High-level identifying information will not be released if there is any risk to safety or wellbeing.

Your wishes — and the child’s wishes — are considered when decisions are made.

If you do not agree with a decision to release high-level information, you can appeal.

No identifying information will be released while the appeal is underway.

Step 1: Ask for an internal review

You must request this within 21 days of being notified of the decision.

The agency will reconsider the decision.

Step 2: Apply to NCAT

If you still disagree after the internal review, you can ask for the matter to be reviewed by the NSW Civil and Administrative Tribunal (NCAT).

• NCAT is independent.
• The agency must prove that releasing the information will not create risk.
• Information cannot be released until NCAT makes a decision.

You can represent yourself or choose a legal representative.

Financial assistance for legal costs

You may apply to DCJ for financial assistance to help with legal costs.

• Legal fees are capped.
• Payments are made directly to your legal representative.
• There are timeframes for submitting invoices.

Speak to your caseworker or search “legal assistance for carers” on the DCJ website for details.

Useful information:

• Out-of-home care legal assistance for carers.

The Partnership Agreement is an agreed set of principles that guides how DCJ staff and carers communicate with and support each other. However, both the carer and the caseworker should try to remain flexible and recognise that delays or mistakes will sometimes happen. 

The principles set out in the Agreement are: 

• respond promptly and courteously to each other
• contact each other to share information and feedback
• listen to and respect each other’s views
• work together to resolve concerns
• work together to protect the confidentiality of sensitive and personal information. 

If you need an updated contact list for relevant caseworkers or staff in your area, or if you have a query or a complaint about communication between you and your caseworker, get in contact with your local DCJ Community Service Centre or the manager at your agency.

 Non-government agencies may have their own agreements or principles for working together. Speak directly with your agency.

Children and young people should know:

• Why they are in care and how long they might stay.
• About you and your family: names, ages, pets, and where you live.
• What information you will be told about them and their family.
• If they might need to change schools.
• How contact with their family and significant people will happen.
• Local activities and places they can enjoy.
• How to answer questions from other children about being in care.
• Their Case Plan and goals.
• How their views will be listened to and used.
• Their rights while in care.
• Organisations that support children and how to contact them.

Tip for carers: Keep children involved in day-to-day decisions. Ask how they feel and what they think—especially for choices that affect them a lot.

What is confidential:

• Information about the child, their family, and their history is private.
• Do not share this with friends, neighbours, or on social media.

When to share:

• With your caseworker during meetings, phone calls, emails, or home visits.
• With professionals who care for the child (like doctors or teachers), only what they need to know.
• With carer support groups: share ideas or experiences, but never personal details about the child.

Social media warning:

• Don’t post about the child, their peers, or their challenges online. Keep all discussions private with your caseworker.

Tips for carers:

• Keep information short and factual when sharing with professionals.
• Always ask your caseworker if you are unsure what is safe to share.
• Encourage children to ask questions and express their feelings.
• Model safe online behaviour—don’t discuss care matters in public forums.

Quick reference: do’s and don’ts table

Your privacy is protected by law. You can expect agency workers to handle your personal information carefully. 

Children and young people in care have the same right: information about them or their family must be kept private unless it’s safe and legally allowed to share.

Agencies must provide certain information to parents and other important people in the child’s life (like grandparents, siblings, or previous carers). This is not just the law—it helps maintain relationships, supports the child’s sense of belonging, and makes transitions smoother.

a) General (non-identifying) information

• Your first name
• Your family’s culture, religion, and main language
• General details about your household (number and ages of children, pets, type of accommodation)
• Major household events (children joining or leaving, moving house, school changes)
• Births, deaths, or serious illness of key people affecting the child
• Post office box address (if it can’t identify where you live)
• Mobile phone number

b) High-level identifying information

• Your surname
• Your home address or phone number
• Your job or roles that could identify where you work
• Name of the child’s school if it reveals location

This type of information is only shared if it is safe for you, your household, and the child.

How high-level information is handled

• The agency must contact you first and give you 28 days to consent or object.
• If you do not agree, the agency must explain in writing why the information is considered safe to share.
• Disclosure cannot happen until the matter is decided, either with your consent or through NCAT review.

Your rights & consent

• Your wishes—and the child’s—are considered in all decisions.
• Court or tribunal orders must always be followed, even if your preferences differ.
• You have the right to consent, object, and be informed before any high-level information is released.

Quick Tips for Carers

• Keep personal details private unless legally or safely required to share.
• Respond promptly if the agency contacts you about high-level information.
• Ask questions and seek support—caseworkers, DCJ, or  your agency can guide you.
• Keep a written record of all communications about information sharing.

• You can apply to the NSW Civil and Administrative Tribunal (NCAT) if you disagree with information release.
• You can represent yourself or be represented by a lawyer, advocate, or authorised friend.
• Financial help may be available from:
  • DCJ (search “legal assistance for carers” at DCJ.nsw.gov.au)
• NCAT is designed for people to represent themselves, but support is available.

Tip for carers: Don’t feel alone—seek guidance early if you are unsure about sharing information.

Useful links:

• How NCAT works
• What decisions NCAT can review - Community Services
• NCAT help and support