WORKING TOGETHER FOR KIDS
A guide for parents and family members to working with Care and Protection Services in the ACT
This document has been written by Care and Protection Services (CPS) in partnership with the Family
Inclusion Network ACT (FIN ACT).
CPS and FIN ACT acknowledge the stories of parents and family members who have children in out
of home care in Canberra who have contributed to the production of this booklet. We acknowledge
the work and advice of parents and family members throughout the consultation process. We also
acknowledge those who individually, or in their roles supported parents and family members. We
thank FIN WA (Finding Your Way with DCP) and FIN QLD (Townsville) for the invaluable use of their
booklets for guidance.
Please Note: This document is a basic guide only.
Always seek legal advice regarding your particular circumstances.
The information provided is accurate as of February 2014.
The ACT Government acknowledges the Ngunnawal people as the traditional custodians of the
Canberra region. The region was also an important meeting place and is significant to other
Aboriginal groups. The ACT Government respects their continuing culture and the unique
contribution they make to the life of this area.
We acknowledge Aboriginal and Torres Strait Islander peoples as the traditional custodians of the land
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Table of Contents
Useful Contacts ........................................................................................ Error! Bookmark not defined.
My Family Contacts ................................................................................................................................. 2
Is this information kit for me? ................................................................................................................ 4
What does Care and Protection Services (CPS) do? ............................................................................... 5
Care and Protection Principles................................................................................................................ 5
Culturally Appropriate Practice............................................................................................................... 6
What happens when CPS first make contact? ........................................................................................ 7
Tips for speaking with CPS staff .............................................................................................................. 7
Child Concern Reports ............................................................................................................................ 8
Prenatal Concern Reports ....................................................................................................................... 9
Initial Assessment ................................................................................................................................... 9
How can CPS act on a Child Concern Report?....................................................................................... 10
Appraisal ............................................................................................................................................... 10
The rights of parent/s during an appraisal process .............................................................................. 11
Referral to support services .................................................................................................................. 12
Support response .................................................................................................................................. 12
After an Appraisal Process .................................................................................................................... 12
What can happen after an Appraisal? .................................................................................................. 12
Child Protection Assessment Reports (CPAR) ....................................................................................... 12
Emergency Action ................................................................................................................................. 14
What happens next? ............................................................................................................................. 14
Voluntary Care Agreements.................................................................................................................. 14
Care and Protection Orders .................................................................................................................. 16
What happens at the ACT Children's Court? ........................................................................................ 16
The Child's Representative.................................................................................................................... 17
Case Management Conferences (CMCs)............................................................................................... 17
Types of Care Orders............................................................................................................................. 17
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Preparing for Court ............................................................................................................................... 18
The Court's Authority ............................................................................................................................ 19
Who is looking after my child?.............................................................................................................. 19
Kinship Care .......................................................................................................................................... 19
What happens while my child is in Care? ............................................................................................. 20
Foster Care ............................................................................................................................................ 20
What is a Care Plan? ............................................................................................................................. 21
What is a Child Protection Case Conference?....................................................................................... 21
Review of Arrangements meetings ....................................................................................................... 22
What will be discussed in a Review of Arrangements Meeting............................................................ 23
Who makes decisions while my child is in care? .................................................................................. 23
Helpful Hints ......................................................................................................................................... 24
What about contact with my child? ...................................................................................................... 25
How can I prepare for contact visits? ................................................................................................... 26
Making contact as positive as possible ................................................................................................. 27
TIPS FOR CONTACT................................................................................................................................ 27
What are my child's rights?................................................................................................................... 28
Restoration Planning ............................................................................................................................. 28
What has to happen for my child/ren to come home? ........................................................................ 28
What's included in the Restoration Plan?............................................................................................. 29
How long will it take for my child to come home? ............................................................................... 29
Working with CPS to meet my child's needs ........................................................................................ 29
Drug Testing .......................................................................................................................................... 29
Types of Drug Testing............................................................................................................................ 30
Urinalysis ............................................................................................................................................... 30
Hair Analysis .......................................................................................................................................... 30
Supervised or Observed Sample Collection .......................................................................................... 30
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Screening Tests and Confirmation Tests ............................................................................................... 31
Results ................................................................................................................................................... 31
What can I do to give my children the best chance I can of returning home? ..................................... 31
What if? Frequently Asked Questions .................................................................................................. 32
Compliments and Complaints ............................................................................................................... 33
Compliments ......................................................................................................................................... 33
Complaints ............................................................................................................................................ 33
Tips for managing your complaint ........................................................................................................ 34
Lodging a Compliment or Complaint .................................................................................................... 34
Legal definitions .................................................................................................................................... 35
What is abuse? ...................................................................................................................................... 35
What is neglect?.................................................................................................................................... 35
When are children or young people at risk of abuse and neglect? ...................................................... 36
What is 'in need of care and protection'?............................................................................................. 36
What is ‘the best interests’ of the child or young person?................................................................... 36
Who is a voluntary reporter? ................................................................................................................ 37
Who is a mandated reporter?............................................................................................................... 37
What are the principles of ‘informed consent’? ................................................................................... 38
ACT Advocacy Groups ........................................................................................................................... 38
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Useful Contacts
Contact Numbers for CPS
Intake and Appraisal Team:
1300 556 728
Family Work Team:
6207 1466
Care Orders Team:
6207 1069
Adoptions and Permanent Care:
6207 1335
After Hours Crisis Services:
1300 556 729
Email:
childprotection@act.gov.au
Child and Family Centres
Gungahlin Child and Family Centre:
6207 0120 or
Tuggeranong Child and Family Centre
6207 8228
West Belconnen Child and Family Centre:
Email:
Out of Home Care Providers
Barnardos:
6205 2904
childandfamilycentres@act.gov.au
Marymead Child and Family Centre:
6162 5800
Richmond Fellowship ACT Inc.:
6248 6118
Premier Youth Works:
6242 0489
Child, Youth and Family Gateway:
1300 647 831
v
6228 9500
My Family Contacts
Use this template to record important contact information. Make sure you keep this information in a
safe place.
You only have to fill in the details that are relevant to you.
My CPS Case Worker:
Name: ........................................................................................................................................................
Contact number*: .....................................................................................................................................
Office mobile phone number (if available): ......................... Availability: .................................................
Notes: ........................................................................................................................................................
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My CPS Team Leader:
Name: .......................................................................................................................................................
Notes: .......................................................................................................................................................
*Note: the contact number that your case worker will give you is the administration number for
their team. When you contact CPS, ask for your case worker by name and your call will be
transferred. The phone number for your case worker and their Team Leader is the same.
After Hours CPS Contact:
Contact Number: ......................................................................................................................................
My Lawyer:
Name: ..................................................................................................................................................... .
Office phone number: ..............................................................................................................................
Mobile number (if available): ...................................................................................................................
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Office address: ........................................................................................................................................
Office email (if available): Availability: .............................................................................................
Notes: .......................................................................................................................................................
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My Advocate:
Name: ......................................................................................................................................................
Office phone number: ...............................................................................................................................
Mobile number (if available): ...................................................................................................................
Office address ...........................................................................................................................................
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Office email (if available): ........................................................................................................................
Availability: ...............................................................................................................................................
Notes: .......................................................................................................................................................
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Is this information kit for me?
This information booklet has been written by CPS in partnership with the FINACT, to help parents
and other family members to understand how the child protection system works in the ACT.
It is intended to inform parents of their rights and obligations in relation to their children, and to
help parents understand the rights and obligations of CPS in respect of children and young people
who may be at risk of abuse and neglect.
The booklet is intended to cover the entire scope of a possible CPS involvement from receiving a
Concern Report through to making an application in the ACT Children's Court. This broad scope is
intended to ensure that parents are made aware of all of the Directorate's responsibilities under the
guiding legislation— it does not mean that all or any of these subject headings will be relevant to a
reader's individual situation.
The booklet is divided into clear sections, in recognition that the content is lengthy and detailed, and
not all of it will be applicable to each reader. Please note that references to ‘child’ or ‘children’ in the
booklet also apply to a young person or young people.
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What does Care and Protection Services (CPS) do?
Care and Protection Services (CPS) is the local government agency in the Territory with the
responsibility for investigating the wellbeing of children and young people who may be at risk
of abuse and neglect. CPS is part of the Community Service Directorate in the ACT Government.
CPS works with a number of other services and programs in the community sector as well as other
ACT Government directorates, the police and the Courts to make sure that children, young people
and their families get the right kind of help at the right time.
Everyone involved in the care and protection of children and young people must always have 'the
best interests of the child or young person' at the centre of all their decisions.
The Children and Young People Act 2008 (the Act) provides a legal framework for CPS to receive and
respond to Child Concern Reports which can be made by anyone in the community.
If you would like to read the Children and Young People Act 2008, it is available online from the ACT
Legislation Register at:
http://www.legislation.act.gov.au/a/2008-19/default.asp
CPS is also required to operate in a manner consistent with the Human Rights Act 2004. If you would
like to read this Act, it is available online from the ACT Legislation Register at:
http://www.legislation.act.gov.au/a/2004-5/default.asp
Care and Protection Principles
CPS is guided by the objects, principles and provisions of the Children and Young People Act 2008.
This Act provides guidance to CPS in relation to what is in the ‘best interests’ of a child or young
person and what should be taken into consideration by CPS, before making any decisions about a
child or young person.
These include important concepts such as:
 all children and young people have a right to grow in a safe and stable environment.
 all children and young people have a right to protection from abuse and neglect.
 the wellbeing, care and protection of children and young people is a family, community and
whole-of-government responsibility.
 all decisions made under this Act must regard the ‘best interests’ of the child as the paramount
consideration.
 if a child or young person is in need of care and protection, and the parent(s) are either
unwilling or unable to provide the child or young person with adequate care and protection
(whether temporarily or permanently), it is the role of government (CPS) to share or take over
their responsibility for the child.
 if the child or young person does not live with his or her biological family, contact with his or her
parents, siblings and significant people must be encouraged, if practicable and appropriate.
 the child or young person’s sense of racial, ethnic, religious,
 individual or cultural identity should be preserved and enhanced.
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 a court should make an order for a child or young person only if the court considers that making
the order is in the child’s best interests.
Culturally Appropriate Practice
CPS seeks to provide and promote the importance of culturally appropriate practice. Culturally
appropriate practice requires an understanding by CPS staff that cultural differences have a
fundamental impact on:
 child rearing practices;
 domestic living arrangements;
 domestic relationships;
 kinship relationships;
 communication style;
 body language; and
 knowledge and historical factors.
All of these which may have a significant impact on how CPS is regarded by individuals and the
community.
In the case of Aboriginal and Torres Strait Islander families the terrible legacy of the Stolen
Generations and the impact of forcible removal of Aboriginal and Torres Strait Islander children on
individuals, families and their communities, should never be underestimated or overlooked.
All clients of CPS have a fundamental right to culturally competent service provision. This means that
CPS staff recognise:
 The importance of cultural continuity in a child's life;
 The importance of acknowledging cultural difference; and
 The damage which may be caused by making cultural assumptions.
Where a client of CPS is from a Culturally and Linguistically Diverse background they have a right to
access cultural translation services,
to be organised by CPS. They also have the right to request the presence of a culturally appropriate
support person at any meetings or during any conversation with CPS.
Where a client of CPS is of Aboriginal or Torres Strait Islander culture, CPS must enact the Aboriginal
and Torres Strait Islander children and young people principle (Section 10 of the Act).
This principle ensures that CPS acts in ways which will:
 Maintain a child or young person's connection with the lifestyle, culture and traditions of their
community;
 Consider submissions about the child or young person made by or on behalf of any Aboriginal or
Torres Strait Islander people or organisations identified

by CPS as providing ongoing support services to the child or young person and their
family; and
 To maintain the traditions and cultural values (including kinship rules) as identified by the child
or young person's family, kinship relationships and community with which they have the
strongest affiliation.
CPS staff have access to Aboriginal and Torres Strait Islander staff who provide advice and guidance
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regarding culturally appropriate engagement, assessment, intervention and support for Aboriginal
and Torres Strait Islander families.
All children and young people who identify as Aboriginal or Torres Strait Islander and who are placed
in out of home care should have a Cultural Plan
developed in accordance with the Act. Sections of the Act relevant to development of Cultural Plans
are found at s455 and s457. Out of home care includes kinship care, foster care, residential care and
respite care (for an extended period).
A Cultural Plan is a living document that supports the child or young person’s cultural identity by:
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facilitating and maintaining their connection to family including extended kin;
encouraging their connection with culture
through existing community relationships; and
is inclusive of any proposals prepared by either:
Aboriginal or Torres Strait Islander people who have an interest in the wellbeing of the
child or young person through family, kinship and cultural ties; and
 Aboriginal or Torres Strait Islander organisations who provide ongoing support services
to the child, young person or family
What happens when CPS first make contact?
A family's first contact with CPS staff is often over the phone. When a Child Concern Report is
received by CPS, they will gather information about that child and family in order to inform an
assessment of whether or not the child may be at risk.
CPS staff should clearly identify themselves as a representative of the Service and explain clearly the
reason or purpose of the telephone contact.
CPS staff may request an opportunity to visit your home in order to discuss in person the content of
a Child Concern Report. If this occurs, you may nominate a time for the meeting that suits you and
have the option of electing to have a support person present.
Where a Report has been received which alleges that a child is at immediate risk of harm, CPS will
investigate or 'appraise' these concerns straightaway. If this is the case, the CPS worker should
clearly explain all allegations which have been made about the child and family, without disclosing
the source of the information.
It is important to remember that if CPS does contact you it does not always mean that further action
will take place.
Tips for speaking with CPS staff
 If the CPS worker has not shown formal identification, ask to see the identity cards of
the people who are at your home.
 Ask for a contact telephone number.
 Find out and record the names of CPS staff involved (including the case worker and the
Team Leader).
 Remember that everything you tell CPS may be used in an appraisal and could also be
used in court proceedings.
 It is better for everyone if we work together—if the timing is bad, ask CPS to come
another day and think about having a support person present. While you have a legal
right to 'not agree' to sharing information with CPS, depending on the circumstances,
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they can apply for a Court Order which will give them a legal right to enter your home
and speak with you and your child without your consent.
 Ask to receive a copy of any important documents. Keep these for your own records and
remember to take them with you when you speak to your legal representative.
Remember the following when answering any question:
1.
2.
3.
4.
Take your time to answer. Think about the question.
If you don't understand something, ask for clarification.
If you feel overwhelmed or confused ask for a break.
It's ok to ask for a support person to be present (such as a friend, family member or a
lawyer).
5. You can take notes if you wish.
6. If you are feeling uncomfortable, ask the CPS workers if it's possible for them to come
back at another time.
It is a great idea for you to take notes or make a record of your meeting with CPS. A record of your
meetings with CPS in a diary will help you to remember accurately what was said and agreed to by
both you and the CPS staff.
Most of the time, talking openly and honestly with CPS is the best way to move forward and sort out
the agency's concerns about your child. It is also an opportunity to ask for help or support with any
parenting concerns or access to services such as respite care or counselling.
Child Concern Reports
CPS staff will record a Child Concern Report when a person contacts the agency with information
that suggests that they believe or suspect that a child or young person:
o is being, has been, or may be (in the future) abused or neglected; or
o is otherwise in need of care and protection (see appendix for legal definitions).
Also, a person can make a Child Concern Report if they believe or suspect that an unborn child may
be in need of care and protection after birth.
Once CPS has received a Concern Report, they are legally required to respond to that Report and
find out more about the child's situation to decide whether or not the information is accurate.
After receiving a Child Concern Report, CPS completes an 'Initial Assessment' process which assists
them to decide what the most appropriate response to the child and family should be. An Initial
Assessment starts with a review of any previous involvement the family has had with CPS, by reading
through any reports or contacts made with the family in the past.
CPS staff will then seek the views and opinions of other professionals who are closely involved with
the child or young person and family. They do not need your consent to speak with these people.
Phone calls may be made to class teachers, child care staff, out of home care agency staff, family
support workers or any other involved professional who has current involvement with your child and
family.
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CPS workers are NOT able to tell you who lodged the Child Concern Report due to legal obligations.
BUT, they should always tell you what the allegations are, in a way that protects the confidentiality
of the source.
The process of Initial Assessment helps CPS to sort out malicious callers (or people who purposely
give false information) from those who have a genuine concern about the wellbeing of a child.
Prenatal Concern Reports
Under Section 362 of the Children and Young People Act 2008 a person can provide information to
CPS about the safety of an unborn baby. CPS calls this a Prenatal Concern Report.
When a Prenatal Concern Report is received, CPS may:

offer you on a voluntary basis, the support of a CPS prenatal worker for the duration of
your pregnancy; and/or
 appraise the baby's safety once it is born.
If a pregnant mother agrees to work with CPS during the pregnancy, this relationship will be
voluntary at least until the baby is born. CPS will ask the pregnant women for her consent to assist,
work with and share information with other services.
CPS may also ask for her consent to involve a partner and other members of their family during this
process.
While a pregnant woman does not have to give her consent to working with CPS during the period of
her pregnancy, this may increase the likelihood of CPS needing to investigate the baby's safety once
born.
A prenatal worker will support you to make sure your baby will be safe once born and provide
assistance to your family.
Initial Assessment
An Initial Assessment involves a considered analysis of a child or young person's presenting risk
factors and potential needs, through gathering all known information about the child, their siblings
and family.
An Initial Assessment will always include consideration of all other siblings and children (including
unborn children) either living in the home or exposed to the same alleged risk.
CPS case workers can conduct an Initial Assessment of a Prenatal Concern Report if they believe the
baby will be at risk of abuse or neglect once born.
An Initial Assessment requires a professional examination of:
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 information from the Child Concern Report;
 historic file information including previous Child Concern Reports, Child Protection Reports,
assessments, appraisal records, file notes and so on;
 current advice from agencies and involved professionals (including school staff and carers) who
are, or have been, involved with the family; and
 any other source information about the child or young person and their family.
The process of Initial Assessment also guides CPS in deciding whether or not the reported
information indicates that a child may be 'in need of care and protection' as defined by the Act.
When CPS decides this criteria (or 'threshold') is met, they upgrade the Concern Report to a Child
Protection Report which means they can then legally investigate (appraise) the reported concerns.
If CPS workers determine that your child is not likely to be in need of care and protection, the case
worker might recommend a program or service that provides support to parents or carers who
might be struggling with specific problems.
How can CPS act on a Child Concern Report?
After receiving and recording a Child Concern Report, CPS may do one of several things to respond
to the reported needs of the child and family.
These may include any or all of the following types of intervention:
Appraisal
When a Concern Report has been upgraded to a Child Protection Report, CPS can decide to collect
more information. This is called an 'appraisal'. An appraisal is a process of investigating whether or
not a child or young person may be at risk of abuse or neglect, or is otherwise in need of care and
protection. It involves looking at the child's home and family environment, talking to both (where
possible) parents and any siblings living in the same home.
An appraisal involves more than investigating the allegations made by the person who made the
Child Concern Report, and may include exploring with the family any other issues which have been
raised by involved professionals or found in the review of the child's history with CPS.
The purpose of an appraisal is twofold -
1. For CPS to understand what is happening for the child and their siblings through exploring:
i. whether or not it is likely that they have suffered abuse, neglect or are they
otherwise at risk of harm; and
ii. parent and family problems, needs, strengths and difficulties, and the
resulting impact on the child/ren.
2. For CPS to form a professional view about the needs of the child or young person and their
siblings, and also the parenting capacity (including willingness and ability to provide care and
protection) of the parent/s.
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The rights of parent/s during an appraisal process
o At the first visit by a CPS worker to your home, the CPS worker should provide you with
o
o
o
o
o
o
o
o
o
o
o
information about what an appraisal usually involves and what your rights are during an
appraisal process.
To be advised what the allegations of the Child Protection Report are about;
To have a right to reply to these allegations;
To be aware that an appraisal process will take place;
To be advised of the types of assessment that may be included in the appraisal process such as a
developmental assessments, medical assessments etc.
To be advised that you have a right to refuse to participate in the appraisal process;
To the right of support and advocacy throughout the process, including a right to seek legal
advice;
To a competent and objective assessment and decision making process by CPS;
To find a resolution to the matter as quickly as possible;
To make a complaint about the process and/or to lodge a formal appeal against the outcome or
recommendations;
To follow up support and debriefing as required; and
To apply for access to some information held by CPS using the provisions of the Freedom of
Information Act 1991.
No one who is part of appraisal process has a right to know the identity of the person/s who made
the Child Protection Report. CPS is legally required to protect the identity of this person and
agency.
Children and young people have the same rights to information under the Act as their parents or
carers. All information should be clear and easy for the child or young person to understand in
accordance with Section 351 (1) (d) of the Act.
CPS workers should provide information that has been written for children and young people about
the appraisal process and what it means for them and their family.
Following an appraisal process, CPS will decide whether or not to continue involvement with a
family. Where an appraisal shows that there is no risk of harm to a child or young person CPS will
usually close the case. Sometimes, where the appraisal identifies a number of child or family needs,
CPS may offer to provide a voluntary support intervention response to help connect you and your
family with support services.
Where an appraisal process indicates that there is reason to believe a child is at risk of abuse or
neglect, CPS will remain involved and may undertake further assessment. Usually this assessment
takes the form of a Child Protection Assessment Report (CPAR).
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Referral to support services
Referral to support services by CPS should be 'active', meaning that parents and families are actively
connected with recommended support services and not just given service names to follow-up
themselves.
Active referral should occur after discussing with you the nature of CPS' concerns and the services
that are available in the community to assist your family to address them.
In this situation, the CPS worker should:
 Call the recommended agency to determine if the referral will be suitable, e.g. calling to ensure
they have capacity to provide a Family Support Worker, before providing the number to you;
 Encourage you to use the suggested support by providing information about the service and
what you may expect from it; and
 Follow through on the referral by sending you a letter which provides the agency or service
details in writing.
Support response
When an Initial Assessment indicates that there are no risk issues for the child at home, CPS may
offer to provide assistance to you and your family on a voluntary basis, as a way of offering support.
This will usually begin with a home visit or office interview which will be used by CPS to talk to your
family about what CPS can offer you, to help your family to achieve agreed goals. For example; a
family may have a housing problem and CPS might offer to assist the family to work with ACT
Housing by writing a letter in support of Priority Housing.
Or, a parent may ask for help with parenting skills to help him/her achieve a more peaceful home.
CPS might then assist the parent by referring them to a parenting program or connecting them with
a Family Support Worker.
At this initial meeting the CPS case worker must obtain your consent to this process. The meeting
should also be used to work with you and your family to develop an agreed Support Plan which
spells out the family goals.
After an Appraisal Process
What can happen after an Appraisal?
Child Protection Assessment Reports (CPAR)
Sometimes after an appraisal process, further assessment of the family situation and the child's
needs will be suggested by CPS. This assessment is often used by CPS to present evidence
to the Children's Court in support of a Care Order application.
Parental participation in a CPAR is voluntary; however, if you are not prepared to participate in this
process, CPS can initiate legal proceedings which will require you to participate.
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It is usually in the child and family's best interests to work alongside CPS, so that CPS has a good
understanding of the family situation and child/family needs.
CPS is required to make sure at the beginning of an assessment that all family members are aware
that the information gathered will be recorded and may be admitted to the Children's Court in the
future as evidence.
The specific goals of a Child Protection Assessment Report are to:
 identify the needs of the child or young person within the context of your family;
 identify strategies within the family for reducing risk;
 determine parenting capacity (including willingness and ability to protect);
 determine if the current care arrangements for a child or young person, including contact, are
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suitable;
determine your family's willingness and capacity to work with CPS in a voluntary way;
identify what (if any) supports might assist you, your child and other children in the family; and
inform you of the development of a Case Plan and a Care Plan for the family.
Completing a CPAR usually takes several weeks and involves several meetings between CPS and
your family. CPS will also be conducting interviews with any involved professionals who are
working with your family and relevant people such as your child's class teacher. CPS does not
need your consent to have these conversations.
The CPS worker completing the assessment will provide an opinion at the end of the CPAR
about:
the strengths and risks in your child's home environment;
the quality of your child's attachment relationships;
the child's developmental needs and progress;
the capacity of each parent/s and strategies to support each parent/s functioning.
When the CPAR process is finished, the CPS worker will arrange a face-to-face meeting with you to
discuss the content of the assessment report and the opinions expressed within it. All people with
parental responsibility will be given a complete copy of the report.
Where CPS believes that there is a reason to apply for a Care and Protection Order for your
child/ren, they will then invite you to attend a Family Meeting. The Family Meeting is a way of
making sure that family members are aware of the reasons for CPS' concern about the safety and
wellbeing of your child, and to reach an agreement (in partnership with involved services) about
what actions should occur to increase their safety.
You have a right to reply to the content of the CPAR. If you believe there are mistakes in the report
or that you have been misrepresented, you should put this in writing and send it to the CPS worker
responsible for writing the report. You can also raise these concerns at the Family Meeting if you
haven't beforehand.
You also have a right to make a complaint about the assessment process in line with usual
complaints procedure—see the 'Compliments and Complaints' section for further details.
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If you are told that CPS will be proceeding to a Court Order application and you are not happy with
the content of the CPAR (which will be used in evidence) you should seek legal advice.
Emergency Action
Emergency Action is used by CPS to secure the immediate safety and wellbeing of your child in
response to either a Child Protection Report or an appraisal process which indicates that they are at
imminent risk of abuse or neglect. It provides for the transfer of daily parental responsibility for the
child or young person to the Director-General, Community Services Directorate, for a period of no
more than 2 working days to start with.
During this timeframe, CPS must make an application to the Children's Court for a Care and
Protection Order, in order to maintain the Director-General's daily parental responsibility for the
child. In doing so, CPS will seek to provide evidence that a child or young person is 'in need of care
and protection'. If CPS is unable to demonstrate this, the Children's Court Magistrate will order that
your child is returned to your care.
Emergency Action is not taken lightly by CPS. In assessing immediate need of care and protection,
the case worker must take into account whether the child or young person:
 is in immediate need of care and protection; or
 is likely to be if emergency action was not taken.
In deciding if a child is in need of care and protection, CPS will assess whether they believe the child
has a parent who is both willing and able to protect them from abuse. Sometimes a parent is
considered unable to protect a child because they have a history of failing to protect a child, despite
a stated willingness to do so. For example, in a domestic violence situation where the parent has
returned to a violent partner.
What happens next?
The CPS case worker taking this action must notify each person who has parental responsibility for
the child. The Public Advocate and the Children's Court must also be notified by CPS.
The Director-General may agree for another person, other than the current parent/care giver, to
have parental responsibility for the child during the 2 working day period between taking Emergency
Action and presenting the application to the Children's Court.
During the 2 working day period CPS will undertake further appraisal activities which may include a
medical examination of the child or young person. Further enquires about the child's welfare, such
as interviews with the child, family members and/or people who are significant in the child's life may
also be made. During these 2 days CPS holds parental responsibility for the child or young person.
Voluntary Care Agreements
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A Voluntary Care Agreement (VCA) is a legal agreement made by CPS with a child or young person's
parent/s, to share parental responsibility for a short period of time. A VCA will be signed by one or
both parents (or a person with Parental Responsibility) as well as the young person if they are aged
15 years or over. The VCA does not require a court application. It allows you to request that CPS
facilitates a temporary placement for your child/ren with a carer, for an agreed period of time.
An initial VCA is likely to be for a period of no longer than 7 days, and a Case Conference should take
place within this timeframe.
Note: Please refer to page 37 for more information about a Child Protection Case Conference. This is
to ensure that there is a clear plan for restoration of the child at the conclusion of the Agreement,
and to ensure that everyone is clear about what will be achieved during the Agreement period.
Legally, a VCA can be extended for up to six months, however, CPS will only consider a lengthy
extension of the Agreement if it is clearly in the best interests of the child.
Usually, you can nominate a suitable carer for your child from within your family or extended family
network. This is called a 'kinship carer' and the nominated carer will need to comply with the
Directorate's Kinship Care Assessment process to ensure their suitability, prior to placement.
Alternatively, a child or young person may be placed in an 'out of home care' placement, with a preapproved foster carer who is contracted by an agency such as Barnardos or Marymead.
Voluntary Care Agreements are made in accordance to Section 397 of the Children and Young People
Act 2008 which requires that:
 agreement to a VCA is voluntary and must be made on the principles of informed consent (note:
for the definition of 'the principles of informed consent' see the 'Appendix' section);
 a VCA must only be entered into when it has been determined that the agreement will be in the
best interests of the child or young person at the time the agreement is made; and
 a VCA would not be considered appropriate if the child or young person would be in immediate
need of care and protection were they to return home.
 Care and Protection Orders
 The Act allows CPS to apply for an order which is specific to the needs of an individual child or
young person. For example Care and Protection Orders may contain any of the following
provisions:
 A contact provision (to direct with whom, and when, a parent, family member or friend can have
contact with the child)
 A supervision provision (gives CPS the right to supervise the child's care arrangements and
regularly check-up on the family)
 A drug use provision (this might be used to require a parent to comply with regular drug testing)
 A residence provision (to direct with whom the child resides)
 A short-term parental responsibility provision (who gets to make day-to-day and long-term care
decisions for the child for up to 2 years)
 A long-term parental responsibility provision (who gets to make day-to-day and long-term care
decisions for the child for up to age of 18 years)
If you are not sure what these provisions mean or what they will require, seek legal advice or speak
to the CPS case worker.
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Care and Protection Orders
The Children's Court will only make a Care and Protection Order if the court:
 Is satisfied that the child or young person is in need of care and protection; and
 Has considered the care plan prepared by CPS; and
 Is satisfied that:
o the provisions included in the order are necessary to ensure the care and protection of
the child or young person; and
o making the order is in the best interests of the child or young person.
This means that the Court must itself be satisfied that your child is in need of care and protection; it
does not simply accept what CPS believes.
All Care and Protection Orders are time limited. Where the Director-General is granted parental
responsibility or Annual Review Report to the Court. This report outlines the child's progress over
the 12 month period and provides opportunity for CPS to indicate whether or not the service
believes that the order is still required.
An application may also be made by CPS to revoke a care and protection order, if CPS believes on
reasonable grounds that the child or young person would not be 'in need of care and protection' if
the order were revoked.
Make sure that you get a copy of the Care Order, your child's Care Plan and any other important
documents. But remember that these documents are confidential and must be handled
appropriately.
What happens at the ACT Children's Court?
The Children's Court is located in the Magistrates Court Building at Knowles Place. Access to the
Children's Court is through a separate entrance to the left of the main entrance as you face the
building. After you go upstairs, you will need to wait for a period of time until your matter is ready to
be heard. This is not a child-friendly area and there is no childcare provided by the Courts. It is
recommended that if you have young children, you find an alternative place for them to go while
you attend Court. While at court, sensitive information may be discussed with you, which is
generally not appropriate for your children to hear.
It may also be a time of heightened emotion and anxiety. You are allowed to bring a support
person/s, such as a friend, family member, advocate or a staff member from a community agency to
the Children's Court. They will be able to wait with you before your case is heard. However, your
support person/s is only allowed to accompany you into the hearing with the consent of all parties
such as the Registrar/Magistrate, court staff and legal representatives. Generally, you are able to
bring up to two support people with you into the hearing, but if you believe you require more speak
to your CPS case worker beforehand as they may need to confirm this with the Court.
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The Child's Representative
If CPS initiates legal proceedings your child will be represented by a lawyer who is appointed by
Legal Aid. This representative is independent of CPS, and is concerned only with ensuring that your
child's best interests are being served by the legal process.
It is likely that your child's representative will approach you in Court to introduce themselves. They
may also suggest a meeting with your child either at their office or even at home (if your child is
currently living with you). This may take place before the matter is presented to a Case Management
Conference or the Magistrate.
Involvement of the child's representative with your family is only for the duration of the legal
process and they will not continue to meet with you or your child once final orders are made.
Case Management Conferences (CMCs)
Most of the time, your first court appearance will be at a Case Management Conference (CMC)
rather than appearing before the Magistrate. The CMC is a less formal process than going before a
Magistrate, and is chaired by a Senior Deputy Registrar of the Court.
The purpose of a CMC is to discuss the details of the application which has been lodged by CPS. The
CMC allows everyone to have their say, and to inform the Court about whether or not they agree to
the Care Order application and its provisions.
When everyone involved in the Case Management Conference agrees about the Care Order, an
Interim Order will usually be granted. If there is disagreement between the parties, the matter will
be either adjourned or go before the Magistrate.
Types of Care Orders
Care Orders may either be granted by the Children's Court on an Interim or Final basis.
An Interim Care and Protection Order is usually granted at the first application, as a means of
putting in place short-term protective arrangements for a child or young person, and evaluating
them prior to finalising the order. This time is used to see how the child is responding to new
arrangements and also note what changes (if any) the parent/s are able to make in that period. This
might mean allowing time for CPS or an independent assessor to gather further information about a
child and family (e.g. through an assessment process) or allowing time for a parent/s to make some
immediate changes to their circumstances which might increase the safety of the child, such as;
securing appropriate accommodation, asking a violent partner to leave the home, entering a
detoxification program or a rehabilitation program, or simply establishing a successful working
relationship with CPS.
When an Interim Order is granted, the Children's Court will always set a return court date so you
know when you need to attend court next. During this time, it is a good idea to seek any further legal
advice that you require, speak to your lawyer about the circumstances of your case if necessary and
keep in touch with your CPS case worker.
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A Final Care and Protection Order is granted when the Children's Court is satisfied that it has
sufficient information upon which to make a determination that a child is in need of care and
protection, and that the child's best interests will be served by making a Care and Protection Order.
A Final Order is usually made for either 12 months, 2 years, or until the child attains the age of 18
years.
When a Final Order is granted, this concludes the court process in relation to the original
application. It will be the responsibility of CPS to submit an Annual Review Report to the court on the
anniversary of the order (and every 12 months thereafter until the order expires) outlining the
child's progress during the 12 month period. A copy of this Report will be provided to both parents
by CPS.
If your circumstances or your child's circumstances change dramatically while subject to a Final Care
and Protection Order, CPS may make an application to vary, revoke or amend an order. Changes to
your circumstances can include leaving a relationship where domestic violence has occurred,
successfully completing a drug or alcohol rehabilitation program and so on.
If you believe that your circumstances have changed to the extent that your child would no longer
be at risk while in your care, you should discuss this with the CPS case worker. The easiest way to
have an Order amended or revoked is to work with CPS towards achieving a situation where CPS
believes that it is in your child's best interests to return to your care. CPS may then make an
application for the order to be varied or revoked, based on evidence that you can provide about the
changes in your circumstances. Please refer to the section titled, 'What has to happen for my
child/ren to come home?' (52).
Where you believe that your situation has changed but CPS does not support the need for making a
change to the Care Order, you should seek legal advice about whether or not you have grounds for
making your own application to vary or revoke the order.
1.
2.
3.
4.
5.
6.
7.
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Preparing for Court
Ensure you are represented by a lawyer in court. Important decisions are made in
the court which could affect you and your children over the long term. If you can't
get legal representation at least seek legal advice before the day.
Turn off your mobile phone before going into Court.
Know what you want in advance. Make sure your lawyer has enough information
too. It will help you if you have read all the documents CPS has given you and write
down what you don't agree with—in dot points! Give this to your lawyer.
Take notes. You may be asked questions and get the chance to have your say. Be
aware that anything you say will be used to make the final decision. Think about
what questions you may be asked.
Make any child care arrangements you may need. The Court is not a child-friendly
place and sensitive information may be discussed.
Be early. This way you can speak to your lawyer before Court.
Be prepared to wait for your case to be called. There may be other cases ahead of
you and you need to be patient.
8. If you don't want to be in the same waiting room as someone you are in conflict
with, speak to your lawyer, a Court staff member if you do not have a lawyer, or the
CPS case worker about where to go. The Court can make arrangements for separate
rooms or security support if needed.
9. Remember to bow to the Magistrate as you enter and leave and address them as
'Your Honour'.
10. Do not leave the Court once you are there. Important decisions are made in the
court and the case may be heard with or without you present.
11. Remember that everything is focused on what's in the best interests of your child
and how this can be achieved.
12. If you don't understand what's going on, you can ask the Magistrate, a Court staff
member or your lawyer to explain it to you.
13. A separate child representative (a child's lawyer) will be appointed for your child.
The Court's Authority
The case can be decided without you being present as long as CPS can prove that they have given
you copies of the Court documents or that they made reasonable attempts to do so within a
reasonable time before the hearing.
The Magistrate may make a different Care and Protection Order to the one you expect to be made if
he or she thinks it is in the best interests of the child.
You may be able to appeal the decision. Get legal advice.
It is an offence under the Act to not comply with any aspect of a court order. If you choose not to
comply with the court order, you may be charged with a breach of the order.
A warrant can be issued for a Police Officer to enter and search premises and remove a child if you
try to hide or harbour a child.
The Court is concerned primarily with the wellbeing of the child. Any problems you have with CPS
need to be addressed through a complaints process (p63).
Who is looking after my child?
Kinship Care
Kinship carers provide the same function as foster carers and may be delegated parental
responsibility for a child or young person who needs to be cared for outside of the family home.
However, kinship carers are people who have a pre-existing relationship with the child or young
person and/or the parent/s. Often a kinship carer is a family member (such as a grandparent, aunt,
sibling or a person who has culturally prescribed responsibilities for the child or young person) or a
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significant person (such as a long term family friend) who has been suggested by the child's parent
or the child themselves as a suitable carer.
The Children and Young People Act 2008 recognises that it is better for a child to be placed in the
care of someone they already know and trust.
Advantages for the child include:
 less worry and stress for the child/young person about living with people they have never met




before;
there is likely to be a strong, positive relationship between the child or young person and the
kinship carer;
it is likely that a kinship carer will be committed to caring for the child or young person in the
long term;
a kinship carer will be able to help the child or young person maintain important family
connections; and
a kinship carer will support the development of the child or young person's identity.
CPS will look at all options from a child or young person's extended family for a kinship carer before
thinking about placements with unrelated carers (such as other Out of Home Care options).
CPS will screen and assess all kinships care applicants to ensure the child or young person is placed in
the best care possible. This will include a criminal history check and a 'Working with Vulnerable
People Check', followed by a comprehensive carer assessment process. Once a kinship carer is
approved by CPS, they will receive case management and support from a CPS case worker, referrals
to helpful community services and may be eligible for kinship care subsidy payments.
What happens while my child is in Care?
Sometimes kinship care arrangements can be problematic for parents and place a strain on
relationships within the family. These situations can cause distress to everyone, and particularly, to
the child. It is important that everyone involved maintains their focus on the child and serving the
child's best interests so that differences can be set aside and all significant adults can work together
effectively.
Foster Care
Foster care is provided by a care giver and their family who have been approved by the Community
Services Directorate. Foster carers are subject to a comprehensive assessment process—which
includes criminal history checks, a 'Working with Vulnerable People' check as well both a medical
and psycho-social assessment. Foster carers are professionally trained by the out of home care
agency who has engaged them, and they are supported in their role by an agency case manager.
If your child is placed in a foster care placement, the out of home care agency will liaise with the
foster carer and CPS in relation to the day-to-day arrangements for your child. The Agency will
facilitate contact arrangements, any appointments for your child and coordinate most aspects of the
child's Care Plan. They are not however, legally empowered to make changes to the Care Plan or to
make any long-term decisions which relate to your child such as; what school they attend, how
frequently contact should occur and whether or not your child should have a medical procedure.
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If your child is in foster care you should continue to direct any questions you may have about your
child's care arrangements to CPS. While the Agency provides support to the foster carer in their role,
it is the role of CPS to work with the child's parent/s and family.
What is a Care Plan?
At the conclusion of a Child Protection Case Conference or a Family Meeting or at any other stage in
CPS' involvement with a child, an agreed Care Plan for a child or young person may be developed.
A Care Plan outlines CPS' proposals for the care and protection of the child or young person.
Care Plans are required for any child or young person who is on a Care and Protection Order or a
Voluntary Care Agreement (VCA).
The Care Plan will clearly state:
 the child’s needs, how each need will be addressed, who will be responsible for addressing them
and when;
 parent/family needs, how each need will be addressed, who will be responsible for addressing
them and when;
 an agreed date to review the Care Plan;
 a suitable date for re-assessment of the family, if necessary.
 Care Plans should be developed by CPS in partnership with you, your child and any other
involved agencies or services with an ongoing relationship with your child. Parents are
encouraged to attend all meetings held by CPS so that they have opportunity to have input and
discuss the Care Plan in detail.
 In the preparation of the Care Plan, CPS must consult with the following people:
 the child or young person (of appropriate age and understanding);
 each person with daily care responsibility; and/or
 anyone else who would be involved in implementing the Care Plan.
Each of these parties must be given an opportunity to make suggestions for the Care Plan and CPS
must consider each submission.
CPS should always provide you with an up-to-date copy of your child's Care Plan.
What is a Child Protection Case Conference?
CPS may ask you to attend a Child Protection Case Conference (CPCC) to help decide what will be
best to ensure your child's future safety and wellbeing. For example, a Child Protection Case
Conference may occur after Emergency Action has been taken or you have entered into a Voluntary
Care Agreement with CPS.
Areas that are covered in a Case Conference could include:
 whether your child should be returned to your care (this will only occur if CPS is satisfied that
the child would not be at risk in your care);
 what the future care arrangements for your child should be;
 what support services you, your child or family may need.
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The case worker will decide who is to attend the Child Protection Case Conference, such as
representatives from support services. If you would like to bring a support person with you, this is
fine, just let CPS know in advance that this is what you intend to do.
During a Case Conference, the aim is to come up with a plan about what needs to be done to make
sure your child will be safe and happy. Everyone who is invited to the Case Conference must agree
on a plan to achieve this. The plan, known as a CPCC Action Plan, may include things like setting
positive goals, being linked with services that are available to you or your child or strengthen the
supports that you are already have. Care and Protection case workers will pay special notice to the
recommendations that are made during a Case Conference to develop a CPCC Action Plan that is in
the best interest of your child.
It is important to remember that child protection workers may use a Case Conference to appraise
ongoing safety issues and the needs of your child. This information may be used to help CPS make
decisions in the future.
You may be asked to attend a follow up Case Conference if the case worker believes it is needed.
This will be a chance to talk about how you are going reaching your goals and if you need additional
support.
Remember
Everything that happens in a Child Protection Case Conference will be recorded. You can ask CPS for
a copy of the Minutes if they haven't provided them to you.
What you say in these meetings is NOT confidential. It can be used in Court.
CPS must tell you beforehand about the Case Conference and give you enough time to prepare.
If you don't understand something, ask. CPS has an obligation to tell you what is being discussed in a
way you understand.
You can get legal advice before and/or after the meeting.
Review of Arrangements meetings
CPS use a Review of Arrangements (ROA) meeting to develop both short and long term plans for
children and young people who are in care. An ROA is also used to monitor the progress of these
plans and if they are meeting the needs of your child.
An ROA is a chance for all involved professionals (Eg. School, counsellor, current services), the
carer/s, the parent/s and the child or young person, to meet and discuss the child's current and
future needs. Attending a ROA is a chance for you to have an active say in any decisions that relate
to your child or young person’s future.
The goals of a ROA include:
 Consultation with the child and their parents, carers and any other person with parental
responsibility;
 Review of the child's progress in care;
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 Information sharing about the child's needs and wishes;
 Updates to the Care Plan (if needed); and
 Planning in relation to what needs to be done in the future to assist and support the child.
What will be discussed in a Review of Arrangements Meeting
To ensure that all of your child's needs are being met while in care, a ROA will generally cover the
following priorities:
 Health
 Education
 Identity
 Family and Social Relationships
 Social Presentation
 Emotional and Behavioural Development
 Self Care Skills
Where the ROA relates to an Aboriginal or Torres Strait Islander child or young person, it will be
relevant to review the effectiveness of the Cultural Plan in supporting their identity, and cultural and
spiritual wellbeing.
Who makes decisions while my child is in care?
Care Orders may make provisions for changes to who holds Parental Responsibility for a child. This
means a change to who has legal and practical responsibility for deciding aspects of day-to-day
and/or long term care of the child.
Specifically, CPS may apply for a Care Order which will allow the Director-General to either hold full
parental responsibility, or to share parental responsibility with another person (eg. the child's
biological parent).
Parental responsibility is defined by the Act at section 15 in two ways:
1. Daily care responsibility; and
2. Long-term care responsibility.
Where a Care Order gives the Director-General shared parental responsibility, this means that CPS is
empowered to have the final say in most decisions pertaining to your child. The Act states that when
parental responsibility is shared, discharge of this responsibility is subject to a condition that "no
other person with daily care responsibility for the child or young person may discharge the
responsibility in a way that would be incompatible with the Director-General's discharge of the
responsibility". CPS will always be guided by their assessment of what is in the child's 'best interests'
as their basis for making a decision.
This will include decisions about:
 Where and with whom the child lives;
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 People with whom the child may have contact;
 Arrangements for the temporary care of the child by someone else (eg. attending a sleep over);
 Everyday decisions such as having a haircut or what they wear; and
 Daily care decisions relating to school (eg. excursions), training and employment.
In a practical sense, these responsibilities are delegated by CPS (on behalf of the Director-General) to
a foster carer or kinship carer, who becomes legally responsible for making day-to-day decisions in a
manner consistent with the agreed Care Plan. Input to the Care Plan is a parent's right and both
parent/s and the child should be consulted in relation to both daily and long-term matters that are
included in the Care Plan.
However, if a Care Order includes a provision for shared long-term care responsibility, this means
that the parent MUST be consulted in relation to:
 Consent for health treatment that involves surgery (includes immunisation);
 Long-term decisions about education, training and employment;
 Obtaining or opposing the issue of a passport;
 Administration, management and control of the child's property; and
 Religion and observance of racial, ethnic, religious or cultural traditions.
The Act requires that CPS seeks and considers the wishes of a parent with shared long-term care
responsibility, in making these decisions.
However, unless the Court Order includes a consultation provision, the Director-General will again
have the final say—consistent again with CPS' assessment of the child's 'best interests'.
Helpful Hints
Get support
This may be a difficult time and you need people around you who will encourage and support you to
work with CPS. Have contact with as many other organisations as possible as you feel necessary, so
others can speak up for you. See the 'Useful Contacts' and the 'ACT Advocacy Groups' sections for
information about support available to you.
Write everything down
Get a diary and write down the date of every contact you have, or try to have, with CPS or any other
relevant organisation. Always leave your name and get the name of the person you speak to when
you ring. Write a few points about what you discussed and any decisions made.
Try to attend all meetings with CPS
Take someone with you who can help you understand what is being discussed and who will help you
remain calm.
Try to attend all contact with your children
Arrive before time and bring a healthy snack and activities to do. Your children will be looking to you
for reassurance that you are ok.
Obtain legal advice/representation
It is very important to obtain legal advice and to be represented in court. You can contact Legal Aid
ACT, the Aboriginal Legal Service ACT/NSW, or a service which offers a free legal consultation such
24
as; Women's Legal Centre, ACT Law Society and the Welfare Rights and Legal Centre. Contact
numbers for these agencies are found at the end of this booklet under the heading 'ACT Advocacy
Groups'.
Be wary of using social media
Be wary of using social media such as Facebook and Twitter to discuss your situation as this can be
used in court. CPS is legally able to use information gained from social media, whether it has been
provided by someone else or publicly posted, to inform our decisions.
Always appear in court (unless your solicitor has told you that you don’t have to)
You should always appear in court (unless your solicitor has told you don't have to). It is an
important opportunity for you to have input into what will occur and to understand the implications
of any legal proceedings.
Appeals
If the Children's Court makes an order you do not agree with, seek legal advice and utilise your
supports. We recognise that this is a difficult time; however, options are available to you to
sometimes appeal decisions. You may be able to appeal to the ACT Supreme Court.
If you're not sure ask your CPS case manager or one of your supports.
What about contact with my child?
\
CPS is committed to ensuring that children and young people have ongoing contact with their
families and significant people, as long as it is safe for them to do so. Maintaining contact can help
both children and parents get through a difficult time. It is important to use this time to let your
children know you love and care about them, and most of all—have fun with them.
Contact can mean direct or indirect interactions with your child. Types of contact can include:
 Face to face visits (these may be 'supported' ie. supervised);
 Telephone calls and letters;
 Electronic mail (email), webcam (Skype), social media and text messaging; and
 The exchange of gifts, letter etc.
Who may, or who may not, have contact with your child will be outlined in the Care Plan. This can
include other family members such as aunts, uncles, grandparents, siblings and so on.
When your child is being cared for in out of home care a CPS case worker must write a Contact Plan,
outlining contact conditions as part of the Care Plan. When writing a Contact Plan, some of the
things that a CPS case worker will consider are:
 previous observations CPS have made;
 information that CPS already has;
 the wishes of your child;
 interviews with your family; and
 observations made by your child's carer.
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When your child is on a Care and Protection Order, or an Interim or Final Order, it may include a
contact provision. This provision allows CPS to determine who will have contact with your child and
under what conditions this contact must occur, such as supervised contact arrangements. A contact
provision may say you are unable to have any contact with your child.
CPS will make an assessment of the contact arrangements between you and your child and consider
what is in their best interest when developing the Contact Plan as part of your child's Care Plan. CPS
will consider the wishes of your child when making their decision.
If you do not follow the directions of the contact provision (eg. if you do not take the child back
when arranged or you allow the child to have contact with someone who is not supposed to) you
will be in breach of a court order and therefore it is possible that you could be charged. Clearly, it is
not in your best interests to breach a court order of this nature as it could have a significant
influence on whether or not your child can be returned to your care. The Court will consider your
behaviour when making these decisions.
The Children's Court may decide that it is in the best interests of your child to have contact
supervised by another person. This person may be a family member, someone from CPS or a
representative of a community support service. This type of contact is called 'supported contact'
(also known as 'supervised contact'). When contact is supported, this person will be present for the
whole contact session and will be making (and recording) observations about the interaction that
takes place between you and your child/ren.
How can I prepare for contact visits?
Your case worker will talk to you about your contact arrangements including the type of contact,
how often it will occur and if visits need to be supervised or not.
Your case worker will also talk to you about any issues that might impact on your ability to
participate in contact including travelling to and from and being prepared for contact visits.
Being prepared for contact visits will help you make the most of the time with your child. If you need
help to prepare for the visit you can talk to your case worker about your transport options or ideas
for fun activities that you and your child can do during the visit.
Write down when, where and what time your contact visits are. It may help to put them on a
calendar you see each day or have a friend or family member call the day before.
Prepare for how you will respond to difficult questions your child may ask about why they are in
care, when they can come home and so on. Your case worker or another support person can help
you prepare for these times.
Prepare for how you will say goodbye to your child at the end of the visit. Be aware of the time and
start to prepare to leave in advance so you are not rushed when you have to say goodbye. It is
important to stay as calm as possible until your child leaves. It may help to have a friend meet with
you after the contact who can provide you with support.
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Making contact as positive as possible
There are a number of things you can do to make contact enjoyable and safe for you and your child.
Your child will want to do the same things you did together at home— hugs, talking, eating, telling
stories and jokes, playing with toys, games and so on. You may not like seeing your child in a strange
place or with someone else there, but by doing things you would have done together at home, your
child will be more comfortable.
TIPS FOR CONTACT
1. Come to the visit prepared with activities and a healthy snack for your child;
2. Arrive on time or call CPS if you are going to be late;
3. If you are unable to make the planned contact visit let your case worker or the
Contact and Transport Administrator know as soon as possible. Children can be very
excited about seeing you and become very upset when you do not turn up;
4. If your child is unable to attend the visits (for example, they are sick) ask CPS or the
foster care agency to arrange another time. Your child is entitled to have a catch-up
visit with you at another time.
5. Be drug and/or alcohol free before and during the contact visit. If you attend contact
drug or alcohol affected, it is likely to be cancelled by the contact supervisor;
6. Try not to smoke during your visit. If you have to have a cigarette, you will need to
move away from your child so they are not exposed to the second-hand smoke. Do
not smoke inside while your child
7. is visiting your home. You may also consider using a nicotine replacement therapy,
such as patches or gum, during the visit.
8. Ask for help if you have any difficulties in managing your child's behaviour during
contact. If another person is at contact, they can provide you with some useful
behaviour management tips;
9. If you feel frustrated and angry during the visit and someone else is there to keep
your child safe, go for a walk to give yourself time to calm down. Feelings of
frustration and anger are common during times of stress. However, if you direct your
anger or frustration towards your child or another person at the visit it can make
them feel unsafe. It is likely in this situation that the contact will be ended by the
supervisor or may lead to CPS reviewing the frequency of future contact visits.
10. Contact time is valuable for you and your child. If you have any questions about your
child's care arrangement, court proceedings etc. talk to the CPS case worker about
these at another time.
11. Be careful not to make promises that you may not be able to keep.
12. This includes promising to buy toys, take them on holidays, or that they will come
home soon. It is more important that your child has a good time with you each time
they see you than it is to promise things you may not be able to make happen;
13. If you have a mental health issue, or any other significant health problem, make sure
you are receiving professional assistance and complying with your treatment plan.
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This will help you make the most of the time with your child and that it is an
enjoyable experience for both of you.
What are my child's rights?
The ACT Charter of Rights for Children and Young People in Out of Home Care was launched in 2009
by Minister for Children and Young People, Joy Burch.
The Charter has been developed to ensure the rights of all children and young people who are
unable to live with their parents and are being cared for in short or long term Out of Home Care. This
includes children and young people living in foster care, kinship care, respite care or other residential
care facilities.
The Charter sets out what children and young people can expect from the people who are looking
after them and work with then while in care.
The rights of all children and young people in care include:
 the right to be safe and looked after;
 the right to be respected;
 the right to be treated fairly;
 the right to have fun, play and be healthy;
 the right to be heard;
 the right to privacy and to have their own things;
 the right to ask questions about what is happening to them;
 the right to have contact with the people they care about and know about their family and
cultural history;
 the right to go to school; and
 the right to talk to people about things you don't like or don't understand.
For more information about the ACT Charter of Rights for Children and Young People in Out of Home
Care, please visit the Community Services Directorate's website:
http://www.communityservices.act.gov.au
Restoration Planning
What has to happen for my child/ren to come home?
Reunification, or family restoration, refers to the process of returning a child or young person to the
care of their parent(s) or family of origin, after an out of home care placement.
When a child or young person is placed in out of home care, the Act requires that CPS gives
consideration to the possibility of restoration, as quickly as possible. While this may not always be
possible, CPS seeks to reunite children with their families, as long as it is considered to be in their
best interests to do so.
Restoration will only be considered where CPS has assessed that there is a very low likelihood of the
child being exposed to abuse or neglect after returning home.
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Decisions about whether or not your child can be safely returned to your care will be based on an
assessment by CPS of any changes to the level of risk and safety in your home. It is expected that the
CPS case worker will complete a Child Protection Assessment Report (CPAR) and present it to the
Application Review Committee (ARC) for the Committee's consideration of the recommendations
relating to your child's ongoing care. The ARC is an internal committee comprised of CPS senior
managers. While your child is subject to care orders CPS will be assessing the strengths and
resources of your child, your family and your support network to achieve a successful restoration.
This is best achieved using a staged restoration plan with pre-determined goals and review dates
that support a gradual increase in your parental care and responsibility.
The restoration process involves CPS, family and community support services working together to:
 Improve the child or young person's sense of connection with, and belonging to, their birth and
extended family;
 Make recommendations about transitioning the child or young person back to their parent/s or
family of origin's care; and
 Ensure appropriate and timely services and responses are in place to facilitate and sustain the
child or young person's restoration.
 If you are working towards the restoration of your children to your care you should:
 have a copy of the Restoration Plan
 understand what the Restoration Plan says you have to do
 have had your views considered when the Restoration Plan was developed.
What's included in the Restoration Plan?
 The Restoration Plan must cover:
 What needs to be different before CPS believes it would safe for a child to come home. This is
sometimes called 'outcomes' or 'goals'
 Services that can be arranged by CPS to help your family
 How long you will be assisted to work towards the restoration of your child.
How long will it take for my child to come home?
 The time it takes depends on your family's situation, and also on the age of your child. For some
children it could be a matter of weeks, but for others it could take longer. The Restoration Plan
should explain how long it might take for your family.
 Usually the amount of time children spend with you and at home will gradually increase. You
may start with day visits, and then move onto overnight or weekend stays.
 Young children are better off if they spend their early years in the care of the person who will be
with them as they grow up. This means they need to go home as soon as possible. The time
taken for a baby's Restoration Plan may be much shorter than for a school-aged child.
 However, no child benefits if they go home before their parents are ready. It is important that
when children go home, they are able to stay home.
Working with CPS to meet my child's needs
Drug Testing
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Sometimes CPS or the Children's Court will ask a parent to participate in drug testing. This can be
requested on a voluntary basis or as part of compliance with a Care Order (using a Drug Testing
Provision). Agreeing to participate in regular drug tests can be a good way of proving to CPS that you
have stopped using drugs and are making positive changes.
The results of drug tests are used by CPS to assist in forming a total picture or assessment of a
child/ren's possible exposure to risk or harm in the home. They are never considered in isolation
from other personal and family factors which provide a context for the drug use/misuse.
PS is guided by a Risk Assessment Framework which acknowledges that drug and/or alcohol misuse
is not necessarily indicative of poor parenting or a predictor of abuse and neglect. However, the Risk
Assessment Framework and current research clearly recognises that parental drug use, along with
other risk factors, greatly increases a child's risk of physical and emotional neglect.
CPS will ask you to comply with drug testing if they have reason to believe or suspect that your drug
use may be placing your child at risk of harm. When a caregiver or parent is using drugs, they may
place their child at risk of harm in the following ways: not storing drugs safely and the child ingests
the drug
 not attending to the child's needs because of the effect of the drug or being preoccupied with
getting the drug;
 not meeting the child's needs due to financial problems associated with the cost of the drug;
 being distracted from focussing on the child due to legal problems related to drug misuse;
 CPS should contact you by telephone or in writing, to tell you on what day/s you need to attend
the testing.
Results of drug tests are admissible as evidence in the Children's Court.
Types of Drug Testing
CPS most often test for drug misuse through the analysis of urine or hair. The collection and analysis
is undertaken by accredited and approved service providers, known as a Collection Centre. A
Collection Centre will be one of the Canberra pathology laboratories.
Urinalysis
A person doing their drug testing by urinalysis will be required to attend a Collection Centre up to 3
times per week. The days you attend may be randomly selected, may be set days each week or may
be a combination of both. The testing may continue for up to three months for one series of tests.
Hair Analysis
The amount of hair required for testing depends on whether you have thick or thin hair. It is
preferable to use hair from the head but it can be taken from any part of the body. The analysis of
the hair is not compromised by the use of hair dye, being exposed to second-hand smoke etc.
Approximately 1cm of hair will indicate your drug use, or abstinence, for approximately 1 month.
The laboratory prefers to use samples that are about 4cm in length.
Supervised or Observed Sample Collection
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In urinalysis, every sample collected undergoes an integrity test. This is to check the temperature of
the sample, whether it has been diluted and whether it is consistent with human urine. In most
circumstances you will provide a sample in a supervised setting (e.g. at the Collection Centre). CPS
has the right to request that you are observed when you provide the sample (i.e. a staff member at
the Collection Centre will watch you).
If you are asked to provide a supervised sample you can ask CPS to request that the supervisor for
this process is the same gender. If you don't make this request, it will depend on who is available on
the day at the Centre and you may be supervised by someone of the opposite gender.
With hair testing, an approved person will cut the hair sample from your body at the time of
collection.
Screening Tests and Confirmation Tests
The analysis of urine starts with a screening test to determine if there are any indicators of potential
drug use. Where the amount detected in the urine is above a certain level, a more detailed
'confirmation' test is done on the sample. The second test also helps rule out when a substance may
be present for other reasons i.e. eating poppy seeds.
Results
The report giving the results from the test/s will be provided to CPS and yourself. The test results
may be provided to another service if you have agreed to that, or if the Court has ordered it.
Both you, and CPS, have the right to present the results of the testing to the Children's Court in a
Care and Protection matter before the Court.
Remember—PHOTO IDENTIFICATION: You will need to provide photo identification, such as
a driver’s licence, when you go to a Collection Centre to provide a sample for testing. If you do not
have a driver’s licence, CPS can organise an identification card for you to use.
What can I do to give my children the best chance I can of returning home?
Hang in there, even if it's tough. Tell yourself you can get there in the end. Know what is in
the Restoration Plan. If you are confused, or worried about the plan, talk to a case worker,
or another worker you trust you can talk to about your concerns.
Do what you say you are going to do. That shows your child and other people that you can
be trusted. Children grow up fast, so the time to get started is now.
You don't have to do it on your own. There are people out there who can help you, even if
you don't find them straight away.
When you see your children, try to do things that you would be able to keep doing with
them at home. Remember that presents and expensive outings don't count as much as
having a good time with you.
Always talk with CPS. Go to meetings and contacts with your child.
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Work with CPS to address the issues that led to your child being taken into care. CPS will
be able to offer you referrals to support services in the community who will help you
achieve this.
What if? Frequently Asked Questions
Q. What if my CPS caseworker is not returning my phone calls?
A. CPS staff will do their best to ensure that all phone calls are returned within 2 working days.
Sometimes however, staff are out of the office or on leave and a response may take longer. If your
call is not returned within 2 working days you should contact your child's Team Leader.
If you do not know who your child's Team Leader is, you can call the Intake and Appraisal Team on
1300 556 729 and ask them to transfer you to the most appropriate person. It is a good idea to keep
a record of attempts to contact CPS either by sending the request by email or making a note in your
diary.
Q. What if I want to make a change to contact or if contact is difficult/impossible for me to attend?
A. Changes to contact arrangements can be made for a specific reason (eg. the Christmas period,
birthdays, or unforeseen events) as long as they don't affect the long-term frequency or duration of
a court ordered contact arrangement. The best way to handle this is to phone or even better email,
your child's caseworker, explaining the situation and proposing a new contact time. CPS will then
liaise with your child's out of home care provider or carer to accommodate the new arrangement
wherever possible.
Q. What if my child tells me that their carer is saying or doing things that make you worried?
A. If your child is telling you things about their carer which are making you worried that they may be
unsafe and/or unhappy, it is important that you tell CPS exactly what has been said by your child, as
soon as possible. The best way to do this is by emailing your child's caseworker with the information
in detail or if you are worried that they may be at risk of abuse or neglect, by calling the Intake and
Appraisal Team to make a Child Concern Report. Your child's caseworker will be able to tell you what
will happen in response to the information.
Q. What if I'm not eligible for Legal Aid?
A. If you are declined for Legal Aid you can enquire about the Appeals process for this decision. Legal
Aid will supply you with the information about how to proceed with a Legal Aid Appeal if you choose
to do so. You are also eligible for a free legal consultation with one of three ACT services—Women's
Legal Centre, ACT Law Society and the Welfare Rights and Legal Centre. Contact numbers for these
agencies are found at the end of this booklet under the heading 'ACT Advocacy Groups'. These
agencies will give you a free one-off legal consultation, after which, you can be referred to a suitably
qualified lawyer (who you will have to engage at your own cost).
Q. What if I'm not happy with my child's Care Plan?
A. Parents should always have a copy of their child's Care Plan and have regular opportunities to
contribute to the arrangements spelled out in the Care Plan. Usually Care Plans are updated at
meetings with CPS such as Review of Arrangements meetings, Child Protection Case Conference
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(CPCC) meetings or in the context of an Annual Review process. If you are not happy with your
child's Care Plan, you should explain to CPS what your concerns are (in writing wherever possible)
and also attend meetings convened by CPS to discuss the Care Plan and care arrangements.
Q. What if I don't have a support person to bring to CPS meetings and I would like an advocate?
A. If you would like to have a support person or advocate present with you at meetings with CPS but
do not want to ask a friend or relative, it is a good idea to contact your local Community Service
provider or your nearest Child and Family Centre to request a Family Support Worker who will be
happy to support you.
Q. What if CPS has placed my child with a person who I don't like?
A. In all decisions made by CPS which relate to the care of your child, CPS is guided by an assessment
of what is in your child's best interests. If your child will be safe and well looked after by an expartner or a family member who you don't get on with, CPS may still decide to place your child in the
care of this person—if it is considered in their best interests to do so. In making decisions about a
care placement, CPS is guided by research which demonstrates that it is better for a child to be
looked after by people who know and love them, than to be placed in foster care with strangers.
Q. What can I do to stay connected to my child if they are no longer in my care?
A. Even if your child is no longer in your care, you have a right to receive regular information about
their progress and wellbeing. If your child is at school, you can request that CPS arranges for you to
receive copies of school reports, letters written by your child/ren and regular photos—including
school photos. CPS encourages parent/s to also send regular letters, birthday cards and gifts, and to
always attend scheduled contact, to maintain this important relationship despite the difficult
circumstances.
Q. Who can I turn to for help with my feelings of grief and loss?
A. Becoming involved with CPS is often experienced by parents as a stressful event. In particular
where CPS makes decisions about the care of your child, it is very normal and understandable for
you to experience feelings which may include; grief, loss, stress, anxiety, frustration, anger and
depression. CPS case workers are always ready to refer you to support services to assist you during
this difficult time. These services have experience in providing both support and practical advice to
parents who are experiencing the loss of short or long-term separation from their child.
Compliments and Complaints
Compliments
You may wish to pass along any positive feedback you have about the services you or your family
have been provided. CPS welcomes this feedback as it helps us maintain quality services.
Complaints
You have the right to complain if you are:
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 a client of CPS or the Community Services Directorate;
 complaining on the behalf of a client of the Directorate;
 entitled to receive a service from CSD but the service is not provided.
Tips for managing your complaint
 Some people choose an informal approach which can sometimes be a better and quicker way of
addressing the issues. It does not mean that the complaint is taken less seriously. Please let us
know at the beginning if you wish to make an informal or formal complaint as this will
determine if a formal response is required.
 We encourage you to try and address your complaint informally but if you feel this is
inappropriate please lodge a formal complaint and a written response will be provided.
 Usually the best way to resolve a problem is to talk to the person in the area who provides the
service or has made the decisions concerning you or your family.
 If you are dissatisfied after this you can talk to the team leader or manager or ask to be referred
to the Office for Children, Youth and Family Support (OCYFS) Complaints Unit.
 The Complaints Unit will try to clarify the issues of your complaint, the main concerns you want
us to look into, your expectations and the outcome you are looking for.
 We will usually offer to sort out the complaint informally within OCYFS first by looking into the
matter, discussing it with you and doing what we can to resolve the problem.
 We will always attempt to resolve complaint issues within OCYFS first before looking into an
independent review.
If you choose to lodge a formal complaint within the Directorate you can expect the following:
 A written acknowledgement of the complaint within 2 working days after receiving the
complaint.
 That a senior officer will be appointed to investigate the complaint.
 A written response to the complaint issues within 20 working days unless an extension has been
agreed to in consultation with you. This can sometimes occur when there are complex issues
 to investigate.
 Letting you know how to take matters further if you are dissatisfied with the formal response.
Lodging a Compliment or Complaint
Contacting the Complaints Unit, in the Office for Children, Youth and Family Support:
 Face to Face (such as with a case worker or Team Leader)
 Phone or fax us: Phone: 6207 5294 Fax: 6205 7187
 Email: OCYFS@act.gov.au
 By filling out our Online Client Feedback Form which is available at:
 www.communityservices.act.gov.au/home/complaints_and_advocacy
 By filling out our Client Feedback Form and mailing it to:
Complaints Unit
Office for Children, Youth and Family Support GPO Box 158
Canberra ACT 2601
 Write to us at:
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• Office for Children, Youth and Family Support PO Box 158
• Canberra ACT 2601
 You can ask an advocate or community agency to help you submit a compliment or complaint.
Legal definitions
What is abuse?
According to Section 342 of the Children and Young People Act 2008, abuse of a child or young
person means:
a)
physical abuse; or
b)
sexual abuse; or
c)
emotional abuse (including psychological abuse) if the child or young person has
experienced the abuse or is experiencing the abuse in a way that has caused or is causing significant
harm to his or her wellbeing or development; or
d)
emotional abuse (including psychological abuse) if:
the child or young person has seen or heard the physical, sexual or psychological abuse of a person
with whom the child or young person has a domestic relationship, the exposure to which has caused
or is causing significant harm to the wellbeing or development of the child or young person; or
if the child or young person has been put at risk of seeing or hearing abuse mentioned in
subparagraph (i), the exposure to which would cause significant harm to the wellbeing or
development of the child or young person.
Domestic violence:
It should be noted that a child's exposure to domestic violence or family violence meets the legal
criteria for emotional abuse, to the extent
that it is seen to impact on the child's wellbeing and development.
CPS is informed by national and international research which clearly demonstrates that exposure to
domestic violence is not only inherently abusive to a child's emotional and psychological wellbeing,
but is also a risk factor for physical abuse, neglect and child death (Dale, Green and Fellows, 2000).
Research conducted by the Department of Community Services (DoCS) NSW in 2002, found that for
children who are present in the home during a domestic violence incident, 50% had also experienced
a form of abuse.
What is neglect?
According to Section 343 of the Act, neglect of a child or a young person means:
"a failure to provide the child or young person with a necessity of life if the failure has caused or is
causing significant harm to the wellbeing or development of the child or young person."
1.
2.
3.
4.
Examples—necessities of life
food
shelter
clothing and/ or
health care treatment.
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This means that neglect occurs when parent/s do not provide a child or young person with one or
more necessity and this has caused negative effects to the child or young person.
Remember: There is no time limit on neglect, it can happen only once or
over a long period of time.
When are children or young people at risk of abuse and neglect?
According to section 344 of the Act, "a child or young person is at risk of abuse or neglect if, on the
balance of probabilities, there is a significant risk of the child or young person being abused or
neglected."
This means that a child or young person is at risk of abuse or neglect if there is evidence suggesting
that it is likely to happen in the future because of their current living circumstances or environment.
CPS staff must carefully consider all of the information they have gathered in an Initial Assessment
before they decide if a child or young person is at risk of abuse or neglect.
What is 'in need of care and protection'?
a)
i.
ii.
iii.
Section 345(1) of the Act states that a child or young person is in need of care and protection if:
the child or young person:
has been abused or neglected; or
is being abused or neglected; or
is at risk of abuse or neglect; and
a) No-one with parental responsibility for the child or young person is willing and able to protect the
child or young person from the abuse or neglect or the risk of abuse or neglect".
Please refer to Section 345, subsection 2, for the full definition provided in the Act of in need of care
and protection.
What is ‘the best interests’ of the child or young person?
According to Section 8 of the Act decision-makers must consider the best interests of the child or
young person before anything else. The best interest of the child will guide all of the decisions that
CPS staff members make.
CPS staff members must follow the best interests principles when making decisions. These
principles include:
 Maintaining the child or young person's sense of racial, ethnic, religious, individual and/or
cultural identity:
 Continuing the child or young person's education, training or lawful employment;
 Consideration of the child's or young person's age, maturity, developmental, capacity, sex,
background and other relevant characteristics;
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 Aboriginal and Torres Strait Islander traditions and cultural values (including kinship rules) as
identified by the child or young person's family, kinship relationships and the community that
the child or young person has the strongest affiliation;
 That all decisions made under the Act should be made without delay, as delay is likely to have a
negative impact on the child's or young person's wellbeing.
Who is a voluntary reporter?
Voluntary reports are defined in section 354 of the Act and apply when a person "believes or
suspects that a child or young person:
 is being abused or
 is being neglected; or
 is at risk of abuse or neglect".
A voluntary reporter is required to provide CPS with the basis for their belief or suspicion. If a
voluntary reporter provides allegations that contain false or misleading information, they are
committing an offence under Section 355 of the Act.
Anyone can make a voluntary Child Concern Report by contacting CPS.
Who is a mandated reporter?
The Children and Young People Act 2008 recognises that there are a number of professional groups
who have a unique opportunity to identify abuse and more readily than other people. These
professional groups are 'mandated' under the Act to report both sexual abuse and non-accidental
physical injuries when they come across it through their work.
A mandated reporter who chooses to make a report concerning risk to an unborn baby, or
suspected neglect or emotional abuse may do so using the voluntary reporting provisions under
section 354 of the Act.
Section 356 of the Act details who are mandated reporters. Some examples are:
 a doctor;
 a dentist;
 a nurse;
 an enrolled nurse;
 a teacher at a school (this includes a teacher's assistant or aide if the assistant or aide is in paid
employment at the school);
 a police officer
 a person caring for a child at a childcare centre (this includes a childcare assistant or aide caring
for a child at the childcare centre if the assistant or aide is in paid employment at the childcare
centre, but does not include anyone caring for a child as an unpaid volunteer);
 a person who, in the course of the person's employment, has contact with or provides services to
children, young people and their families and is prescribed by regulation.
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If a mandated reporter reasonably suspects that physical or sexual abuse has occurred they are
required by law to report it to CPS.
For more information about mandated reporters, please see the pamphlet 'Keeping Children and
Young People Safe—a shared community responsibility: A guide to reporting child abuse and neglect
in the ACT' which is available from the Publications section of the Community Services Directorate’s
website:
www.communityservices.act.gov.au
What are the principles of ‘informed consent’?
To ensure informed consent you (the parent/carer) must:
 be aware of all of the relevant facts when making a decision;
 understand the facts; and
 understand the consequences of each option offered to you.
CPS case workers need to determine that each of these conditions have been met before informed
consent is requested.
ACT Advocacy Groups
There are several Advocacy organisations who can offer you advice
To ensure ‘informed consent’ you (the parent/carer) must:
 be aware of all of the relevant facts when making a decision;
 understand the facts; and
 understand the consequences of each option offered to you.
CPS case workers need to determine that each of these conditions have been met before informed
consent is requested. If you feel you need help at any time during this process you can contact one
of the following.
Aboriginal Legal Service NSW/ACT Ltd
Provides legal services for Indigenous people in the South-East region of ACT, Queanbeyan,
Goulburn, Cooma and Yass. Includes Care and Protection Law Practice offering legal advice and
representation to parents.
Phone: 6249 8488
Care and Protection Law Practice: 1800 733 233
Postal Address:
PO Box 434
Canberra ACT 2601
Website: www.alsnswact.org.au
Advocacy for Inclusion
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Provides systemic, individual and self-advocacy for people with intellectual or developmental
disabilities.
Phone: 6257 4005
Postal Address:
Suite 202 Griffin Centre 20 Genge Street Canberra City ACT 2600
Website: www.advocacyforinclusion.org
The ACT Children and Young People Commissioner (CYPC)
The CYPC is an independent statutory office created under the Human Rights Commission Act 2005.
This means that the CYPC is funded by the ACT Government, but is independent from the
Government.
The CYPC has a number of roles, including consulting with children and young people and resolving
complaints and concerns about services for children and young people.
Phone: 6205 2222
Address: Level 4, 12 Moore Street, Canberra City
Postal Address:
ACT Human Rights Commission, GPO Box 158, Canberra, ACT 2601
Email: human.rights@act.gov.au or ACTkids@act.gov.au
Website: www.hrc.act.gov.au
ACT Law Society – Legal Advice Bureau
The Law Society operates a Legal Advice Bureau at lunchtimes by appointment. Members of the
society operate a roster at the Society's Civic office to give initial advice to any member of the public
free of charge. LAB solicitors are not available for the drafting of documents or for court
appearances. After the consultation you may be referred to another solicitor or, if eligible, to Legal
Aid. The Legal Advice Bureau operates between 12pm and 2.30pm on weekdays, with Wednesdays
reserved for family law matters.
Phone: 62475700
Address: Level 3, 11 London Circuit, Canberra City
Email: mail@actlawsociety.asn.au
Postal Address: GPO Box 1562, CANBERRA ACT 2601
ACT Disability, Aged and Carer Advocacy Service (ADACAS)
ADACAS is an independent, not-for-profit, advocacy service for people with disabilities, older people
and their carers. Their advocacy services are provided free of charge. ADACAS works with clients on
an issues basis. Thus, once an issue is resolved the case is closed and only reopened if the client
requests assistance in resolving another issue.
This means that ADACAS does not advocate for a client on every single issue that may affect them
throughout the course of their lives. When a person seeks assistance from ADACAS an advocate will
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meet with the person to hear about the issues and decide whether or not they are eligible for a
service.
Phone: 62425060
Address: Suite 104, Block C, Canberra Technology Park, Phillip Ave, Watson ACT 2602
Postal Address: PO Box 144, Dickson ACT 2602
Email: adacas@adacas.org.au
Website: www.adacas.org.au
Child, Youth and Family Gateway
The Gateway has links to many different community supportive services for children, young people
and their families who might be (or are) involved with care and protection or community youth
justice.
This service is for people who are in need of help but are unsure what services are available to them.
The Gateway is delivered by partnership between Barnardos, Belconnen Community Services,
Woden Community Services, YWCA Canberra and the ACT Government. The Gateway is part of the
ACT Government’s Child, Youth and Family Support Program.
Phone: 1800 647 831
Email: info@thegateway.org.au
Website: www.thegateway.org.au
Family Inclusion Network (FIN) ACT
FINACT Network is a non-for profit organisation which promotes the needs of parents, children and
families involved in the child protection system. FIN ACT does not provide services but can offer you
informal advice and/or referral to services which may assist you understand what is required of you
and to work towards your goals.
Phone: 0401 762 279
Postal Address:
PO Box 4093
Kingston, ACT 2604
Email: info@finact.com.au
Website: www.finact.com.au
Public Advocate of the ACT
Represents the interests and protects the rights of children before courts, tribunals and service
providers. Facilitates service co-ordination where complex service needs exist.
Phone: 6207 0707
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(Monday to Thursday 9:00am–1:00pm, and 2:00pm–4:30pm) and Friday: 9:00am–1:00pm, and
2:00pm–4:00pm)
Address:
Level 3, 12 Moore Street Canberra City, ACT 2601
Postal Address: PO Box 1001 Civic Square ACT 2608
Email: pa@act.gov.au
Website: www.publicadvocate.act.gov.au
Legal Aid ACT
Legal Aid ACT provides legal advice, information, assistance and representation to people
disadvantaged in their access to the law. This service can assist with matters such as criminal law,
family law and some civil law issues. Legal Aid also provides a free Helpline (see below).
Phone: 6243 3411
Legal Aid ACT Helpline: 1300 654 314
Address: 2 Allsop Street, Canberra City, ACT 2601 Postal Address: GPO Box 512, Canberra ACT 2601
Email: legalaid@legalaidact.org.au
Website: www.legalaidact.org.au
Women's Legal Centre Inc
This service is a community legal centre for women in Canberra and the surrounding area and aims
to improve women's access to justice. The Centre provides free, confidential telephone advice to
women on legal issues and can refer clients to appropriate lawyers and other support services. No
drop-in service, by appointment only.
Phone Advice Line: 6257 4499 (Monday to Friday, 9:30am–12:00pm)
Administration: 6257 4377
Email: admin@womenslegalact.org
Website: www.womenslegalact.org
Welfare Rights & Legal Centre
Welfare Rights and Legal Centre is an independent not-for-profit, non-government community legal
centre dedicated to providing free legal advice and representation to individuals and community
groups on; tenancy, public housing, social security and disability discrimination law.
Phone Advice Line: 6218 7977
Administration: 6218 7900
Email: wrlc@netspeed.com.au
Address: Havelock House, Cnr Northbourne Ave and Gould Street, TURNER ACT 2602
Postal Address: PO Box 337 CIVIC SQUARE ACT 2608
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