In this section
This section of the resource will provide you with information and links to:
- The relevant state or territory legislation for out-of-home care
- Resources, such as State Foster Carer’s Handbooks- with reference to the specific pages, which explain the court processes within your state or territory
- State Foster Care Associations, Legal Aid, Aboriginal and Torres Strait Islander Legal services and an Aboriginal and Torres Strait Islander Child Care Agency within your state or territory (where applicable).
State or Territory legislation
Australian Capital Territory
Jurisdiction
Australian Capital Territory (Office for Children, Youth and Family Support, Department of Disability, Housing and Community Services)
Website Link
Principal Act
Children and Young People Act 2008 (ACT)
(NOTE: Not all provisions are in force)
Other relevant Acts/Legislation
- Adoption Act 1993 (ACT)
- Human Rights Act 2004 (ACT)
- Human Rights Commission Act 2005 (ACT)
- Public Advocate Act 2005 (ACT)
- Family Law Act 1975 (Cth)
ACT – Further Information
Foster Care Association ACT
Foster Care Handbook ACT
Court Processes refer to p6
Download Link
Aboriginal and Torres Strait Islander child care agency ACT
Wreck Bay, Gudjahgahmiamia MACS
Website Link
Legal Aid
Aboriginal Legal Service ACT/NSW
New South Wales
Jurisdiction
New South Wales Department of Community Services
Website Link
Principal Act
Children and Young Persons (Care and Protection) Act 1998 (NSW)
www.legislation.nsw.gov.au
www.community.nsw.gov.au
Other relevant Acts/Legislation
- Children and Young Persons (Care and Protection) Amendment (Parental Responsibility Contracts) Act 2006 (NSW)
- Child Protection (Offenders Registration) Act 2000 (NSW)
- Crimes Act 1900 (NSW)
- Commission for Children and Young People Act 1998 (NSW)
- The Ombudsman Act 1974 (NSW)
- Family Law Act 1975 (Cth)
Reform
Children and Young Persons (Care and Protection) Amendment Bill 2009—introduced to make further provision with respect to out-of-home-care designated agencies and the provision of information to the Children’s Guardian and the Director-General of the Department of Community Services
NSW – Further Information
Foster Care Association NSW
Court Processes refer to p3
Website Link
Foster Care Handbook NSW
Aboriginal and Torres Strait Islander child care agency in NSW
The Aboriginal Child, Family & Community Care State Secretariat (AbSec)
Website Link
Law Access NSW
Legal Aid
Aboriginal Legal Service
Queensland
Jurisdiction
Queensland Department of Communities
Website Link
Principal Act
Child Protection Act 1999 (Qld)
Website Link
Other relevant Acts/Legislation
- Commission for Children and Young People and Child Guardian Act 2000 (Qld)
- Education (General Provisions) Act 2006 (Qld)
- Public Health Act 2005 (Qld)
- Adoption of Children Act 1964 (Qld)
- Family Law Act 1975 (Cth)
QLD – Further Information
Foster Care Queensland
Foster Carer Handbook QLD
Refer to court processes p33-38
Download Link
Aboriginal and Torres Strait Islander child care agency QLD
Queensland Aboriginal and Torres Strait Islander Child Protection Peak Ltd (QATSICPP)
Website Link
Aboriginal and Torres Strait Islander Legal Service
Victoria
Jurisdiction
Victoria Children Protection and Juvenile Justice Branch; Department of Human Services
Website Link
Principal Act
Children, Youth and Families Act 2005 (Vic)
Website Link
Other relevant Acts/Legislation
- Working with Children Act 2005 (Vic)
- Child Wellbeing and Safety Act 2005 (Vic)
- The Charter of Human Rights and Responsibilities Act 2006 (Vic)
- Family Law Act 1975 (Cth)
VIC – Further Information
Foster Care Association of Victoria
Foster Carer Handbook VIC
Refer to court processes p6
Download Link
Victorian Aboriginal Child Care Agency (VACCA)
Gippsland and East Gippsland Aboriginal Co-operative
Mildura Aboriginal Corporation
Vic Legal Aid
Aboriginal Legal Service
Northern Territory
Jurisdiction
Northern Territory (Children, Youth and Families) Department of Health and Families
Website Link
Principal Act
Care and Protection of Children Act 2007 (NT)
Website Link
(NOTE: Not all provisions are in force)
Other relevant Acts/Legislation
- Information Act 2006 (NT)
- Disability Services Act 2004 (NT)
- Criminal Code Act 2006 (NT)
- Family Law Act 1975 (Cth)
NT – Further Information
Northern Territory Office of Children and Families (OCF) Foster Care
Foster Carer Handbook NT
Aboriginal and Torres Strait Islander child care agency NT
Strong Aboriginal Families, Together (SAF,T)
Website Link
NT Legal Aid
North Australian Aboriginal Justice Agency
Western Australia
Jurisdiction
Western Australia Department for Child Protection
Website Link
Principal Act
Children and Community Services Act 2004 (WA)
Website Link
Other relevant Acts/Legislation
- Working with Children (Criminal Record Checking) Act 2004 (WA)
- Family Court Act 1997 (WA)
- Adoption Act 1994 (WA)
- Family Law Act 1975 (Cth)
WA – Further Information
Foster Carers’ Association of WA
Foster Carer Handbook WA
Refer to court processes p12
Download Link
Aboriginal and Torres Strait Islander child care agency WA
Yorganop Associated Incorporated
Website Link
Aboriginal Legal Service
Better Care, Better Services
Standards for children and young people in protection and care
Download Link
8 Dimensions of Wellbeing
Tasmania
Jurisdiction
Tasmania (Child Protection Services) Department of Health and Human Services
Website Link
Principal Act
Children, Young Persons and their Families Act 1997 (Tas)
Website Link
Other relevant Acts/Legislation
- The Family Violence Act 2004 (Tas)
- Family Law Act 1975 (Cth)
TAS – Further Information
Foster Carers’ Association of Tas
Foster Carer Handbook TAS
Refer to court processes p17
Download Link
Aboriginal and Torres Strait Islander child care agency TAS
Tasmanian Aboriginal Child Care Association (TACCA)
Website Link
Legal Aid Commission
South Australia
Jurisdiction
South Australia Families SA; Department for Families and Communities
Website Link
Principal Act
Children’s Protection Act 1993 (SA)
Website Link
Other relevant Acts/Legislation
- Young Offenders Act 1994 (SA)
- Adoption Act 1988 (SA)
- Children’s Protection Regulations 2006 (SA)
- Family Law Act 1975 (Cth)
- Family and Community Services Act 1972 (SA)
SA – Further Information
Foster care information SA
Connecting Foster Carers South Australia
Foster Care Handbook SA
Court Processes refer to p6
SA currently does not have a published ‘Carer’s Handbook’
Aboriginal and Torres Strait Islander child care agency SA
Aboriginal Family Support Services
Website Link
Legal Service Commission
