1. Stay calm – you are not alone.
2. Call your caseworker immediately.
3. Ask police: “Is the child under arrest?”
4. Do not agree to interviews until legal advice is arranged.
5. Make sure a trusted adult is with the child during any interview.

1. Contact your caseworker urgently.
2. Do not sign or make agreements on behalf of the child.
3. Ask your caseworker to explain the process in simple terms.

Always contact your caseworker — they will guide the next steps.

A Section 90 application is when a court is asked to reconsider the final care orders for a child.

This means someone (usually a parent) is asking the court to review the current arrangements.

After reviewing the situation, the court may:

• Keep the orders the same
• Change them
• Cancel them
• Make new orders

Any decision must be based on what is in the child’s best interests.

No decisions are made straight away.

There will be time for information to be gathered and for you to share your views.

You will be asked:

• What you see day-to-day
• What you believe is important for the child’s future
• How the child is going in their current placement

Your experience caring for the child matters.

The court will only look at changing final orders if there has been a significant change in circumstances.

The court will consider:

• The child’s age
• The child’s wishes
• How long the child has been in their current placement
• The child’s relationship with family and important people (including you)
• The parent’s ability to care for the child
• The likely emotional impact of changing the placement

The focus is always on stability, safety and wellbeing.

What can carers expect from DCJ?

If DCJ holds parental responsibility:

• DCJ arranges a lawyer to respond to the application.
• DCJ must provide the court with all relevant information.
• Your views and information you provide will be included.
• Updates about the court process will be shared through your agency.

The DCJ lawyer works with your agency — not directly with you.

What can carers expect from their agency?

Your supervising agency will:

• Support you throughout the process
• Act as the link between you and the DCJ lawyer
• Keep you informed about court progress
• Make sure your views are passed on

If you have concerns, your agency is your first point of contact.

Useful information

• Section 90 applications - information for NGO authorised carers factsheet).

Care continues as normal while the court process is underway.

If the process becomes stressful for you or the child:

• Let your agency know early.
• Seek support.
• Keep communication open.

You may be asked to provide written information or attend meetings.

In most cases, you do not need your own solicitor.

Your views can be presented to the court through the DCJ lawyer.

However, you may consider independent legal advice if:

• You believe your views are not being heard
• You feel they may be misrepresented
• You want advice about appearing as a party to proceedings

If the court allows you to appear as a party, you will need to arrange and pay for your own legal representation.

A Section 90 application does not mean a child will automatically move.

The court carefully considers stability and emotional impact before making any changes.

You will be informed and supported through the process.

Do they have to attend a police interview?

A child or young person cannot be forced to attend a police interview unless they are under arrest.

If police ask them to come to the station, you or the caseworker should calmly ask:
“Is the child under arrest?”

If the child is under arrest

• Police can hold them for up to 4 hours, unless a court approves more time.
• Your caseworker must be contacted immediately.

If the child is not under arrest

• They do not have to go to the interview.
• Do not agree to interviews without legal advice.

Who decides if they attend?

Any decision about attending a police interview must include a Minister’s delegate (usually a DCJ Manager Casework or NGO equivalent). The purpose of the interview is always considered — for example:
• Are police suspecting the child of an offence?
• Are they asking for information about someone else?

Call your caseworker immediately

If the child or young person has contact with police, tell your caseworker straight away. They will support you with:
• legal advice
• interviews
• court processes
• emotional support for the child

The child’s best interests come first

If the child wants to give a statement, the caseworker must arrange legal advice first.

If the agency believes they should not give a statement, a solicitor may attend the interview.

Who can be with them?

Children under 14:
A parent or guardian must attend.
If they cannot, they may nominate another trusted adult (like a carer).

Young people aged 14–17:
They can choose a trusted adult (not a police officer), such as:
• a lawyer
• a family member
• a carer
• a youth worker
• another supportive adult over 18

If they ask you to attend, contact your caseworker before going.

Their right to remain silent

Children and young people do not have to answer questions beyond confirming their name and address.

For children aged 10 to 14, the law presumes they did not fully understand that an action was “seriously wrong”. Police or the court must prove otherwise.

Your caseworker and the child’s lawyer will explain how this applies to their situation.

Your caseworker will help the child access legal representation.

Legal Aid Youth Hotline: 1800 101 810

Provides free, confidential legal advice to young people under 18 in NSW.  Staffed by specialist lawyers, it operates 9 am–midnight weekdays and 24 hours from Friday to Sunday, as well as public holidays. It is crucial for advice before speaking with police.

Aboriginal Legal Service (ALS) Hotline: 1800 765 767
If the child or young person is Aboriginal, police must call ALS before interviewing them.
Tell police immediately if the child is Aboriginal so this can happen.

Carers or caseworkers may need to report certain serious crimes to police — such as offences punishable by more than 5 years in prison. This includes murder, manslaughter, indecent and sexual assaults and producing, disseminating and possession of child pornography.

If you’re unsure whether you must report something, speak to your caseworker first.

The Children’s Court can make decisions about:
• who has parental responsibility
• contact with family
• treatment or therapeutic programs
• long‑term care plans

Your caseworker will update you about the process and what it means for the child.

DCJ's role in court matters

DCJ is responsible for presenting matters to the Children’s Court and preparing documents for the hearing. Those documents may include a Care Plan, which provides background information about the child or young person and outlines the plan for their placement. If you are a carer with a non-government agency, your agency caseworker will work with the DCJ representative to prepare these documents. Carers are generally not given copies of documents unless they are a party to court proceedings. However, your caseworker will provide you with information and updates.

Your role in court matters

You may:
• provide information to help the court understand the child’s needs
• be asked to attend as a support person
• (sometimes) be invited or request to become a party to the proceedings

Carers usually do not give evidence unless required.

What’s it like going to court?

The court process can be complex, time-consuming, unsettling and stressful for all involved. Children and young people may be included in hearings and may need to meet or speak with a legal representative who is appointed to seek their views and represent their interests.

Generally, children over 12 years of age are presumed capable of giving proper legal instructions to their legal representative. Children under 12 years of age are presumed incapable of giving proper instructions. A legal representative for a child may apply to the Children’s Court to rebut the assumptions about the child’s capacity to give proper legal instructions.

Supporting the child

The caseworker will:
• prepare them beforehand
• explain outcomes afterwards
• help answer ongoing questions

Let your caseworker know if the child seems unsure or distressed.

Carers’ Rights in Court Processes

As a carer, you can expect:
• your information to be considered
• to be told how the child will be involved
• to know the hearing dates and outcomes
• to receive a copy of the final court order (confidential)

• ensuring the child is not held in custody unnecessarily
• arranging bail, surety or paying fines where needed

Whenever possible, young people should contribute to paying their fines in age‑appropriate ways.

You may be reimbursed if you’ve had to pay a fine and the child was at risk of jail for non‑payment.

Children and young people who have been victims of crime, where the offender has been convicted, can be added to the Victims Register. The register aims to keep victims and their guardians or other people with parental responsibility informed of the following:

• an offender’s release, escape, or death
• changes to security classification
• Registered victims can also make submissions about parole.

Children and young people have the right to preserve their name and identity. ‘Name’ includes the first name, middle name and surname listed on their birth certificate. These names are to be used in all official documents, including school enrolment.

If the child or young person prefers to be called another name or wants to legally change their name, talk to your caseworker. They’ll discuss the child’s wishes with all relevant parties. They’ll also seek input from community and cultural representatives if the child is Aboriginal or Torres Strait Islander

If a child wishes to use a preferred name, this is fine if it’s part of the child’s approved Case Plan. 

If the child wishes to legally change their name, DCJ or the agency with parental responsibility must consent. They may approve an application for a legal change of name if there’s no sign the child is being forced into doing so and:

• they’re 12 years of age or older
• they’ve been assessed as competent to make an informed decision
• they’ve been in a stable long-term placement for at least two years
• there’s no plan to restore them to their birth family
• they’re fully aware of their identity.

All young people aged 16 to 17 need permission from a judge to get married. This permission is only given in exceptional and unusual circumstances.

Talk to your caseworker if the young person in your care wants to get married. The caseworker will get your views and those of the young people, their parents and other significant people. 

The caseworker must also contact DCJ for consent. If DCJ gives consent for the young person to marry, it will seek permission from the relevant court. If consent is not given, the young person has the same right as any other young person to seek permission from a judge to marry without parental consent.

A will allows you to say who can have what from your estate when you die. You can also make a written statement to be kept with your will explaining how you’ve made proper provision for all those dependent upon you and the reasoning behind this. This may be taken into account if someone makes a claim on your estate or is considering making a claim on your estate.

The Succession Act 2006 provides protection for people who have not been provided for in a will or who feel they have not been properly provided for. Any person who was a spouse, de facto partner, child or grandchild of the deceased, or was at any time wholly or partly dependent upon the deceased person and was part of the deceased person’s household, is eligible to make a claim.

A child or young person who has been in the care of an authorised carer and accepted as part of the family may be entitled to apply for a share of the carer’s estate. A decision about entitlement to claim is made by the Supreme Court or District Court. The decision will be based on factors including the nature and duration of the relationship between the child or young person and the authorised carer. The court will also consider the size of your estate and the needs of any competing beneficiaries, such as any surviving spouse or partner and biological children.

You can prepare a will that sets out who you want to leave your estate to when you die. If any claim is made on your estate the court must consider the terms of your will and what your intentions were as set out in your will.  It is important to seek legal advice when making a will as this can help reduce the possibility that a successful claim may be made on your estate.

When a child or young person is dying from a terminal illness or as a result of an accident, decisions need to be made about what medical intervention will happen. This involves respecting the child’s wishes and considering decisions about withdrawal of treatment and organ donations.

If the child has a terminal illness, their caseworker will involve medical professionals, carers, family and significant others in palliative care planning and decision-making. The palliative care plan contains end-of-life decisions and must be approved by the agency.

If the child or young person has an accident, urgent medical treatment may be carried out by a doctor without consent. This is until the child’s caseworker has obtained required consents. It’s important to call your caseworker or the Child Protection Helpline on 132 111 as soon as possible after the child has been admitted to hospital.

Consent for organ donations cannot be given without the approval of the Secretary.

There’s no need for a child or young person to have a will if they don’t have assets, such as property, inheritance money or compensation payment. If they do have assets, it’s advisable they have a will to ensure their estate goes to the people they want it to go to when they die.

Unless the young person is married or planning to marry, an application to make a will by a minor must be lodged with the Supreme Court of NSW. However there must be special circumstances for the Court to make a will for a child or young person under 18. These special circumstances could include:

• if the minor were to die without a will their estate would pass to an inappropriate person such as a parent who caused injury or harm to the child
• the minor has a terminal illness and is unlikely to reach 18 (where they can legally make a will)
• the minor is unlikely to ever gain the legal capacity to make a will (that is the capacity to understand the nature and extent of their assets, the nature of a will, and the persons who ought to be provided for in their will).

If an application is made to the Supreme Court to make a will for a minor, the Public Trustee of NSW will write the will on behalf of the child or young person. The Public Trustee or another suitable person may be appointed as the executor of the will.

Talk to your caseworker if you think there may be special circumstances that warrant the child or young person in your care making a will. They’ll discuss this with the child, including their wishes, and organise the necessary legal arrangements.

Some decisions that agencies make about out-of-home care can be reviewed by the NSW Civil and Administrative Tribunal (NCAT). These include decisions to grant or remove a child or young person from a current placement.

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).

All states and territories in Australia have their own laws for protecting children and young people. In NSW, the child protection legislation is the Children and Young Persons (Care and Protection) Act 1998.

The Act requires that the best interests of the child or young person are considered in all decisions and actions. This includes the safety, welfare and wellbeing of children and young people who are removed from their families. The Act gives specific powers to DCJ to investigate child protection reports, and the courts to make orders. It also sets out the responsibilities of each government agency, non-government agency and person involved in protecting and caring for children at risk of significant harm.

Its focus is:
• safety
• wellbeing
• participation
• cultural connection
• family relationships

The Children and Young Persons (Care and Protection) Regulation 2012 (pdf) provides more detailed guidance about what is required to meet responsibilities around children and young people in care including theCarer Code of Conduct (PDF 146.18KB).