Child participation Guidelines: assistance encouraged to extent available proceedings ‘for age and development pursuant to Principal Act, enable direct except where the total cost, in – representation the opinion of the CEO, is likely Pre-court Family Group to exceed $15K’ Conferences encouraged Care and Protection Orders made in circumstances of ‘risk’ have a no fault threshold Public Advocate monitors all court orders and may intervene on behalf of a child or young person New South Wales Legal Aid NSW welfare and ‘safety, wellbeing of the child or Children and Young Pre-court assistance/rep: Yes young person are Persons (Care and ADR where no current court paramount’ Protection) Act 1998 (NSW) Child participation proceedings offered as well as encouraged to extent Children and Young pre-litigation contact dispute developmental capacity Persons (Care and mediation and circumstances Protection) Amendment Duty Lawyer Service: Yes allow direct and (Parental Responsibility – separate Contracts) Act 2006 (NSW) Court based assistance/rep: Culture, disability, Yes Child Protection Legislation language, religion and Amendment Act 2015 Post-court assistance/rep: Yes sexuality of child must (NSW) be taken into account Post final orders grant Least intrusive Third Parties: Yes intervention consistent with protection of child Initiate applications: Yes, Early intervention including breach applications Retention of Administrative review: Yes relationships with people significant to child Guidelines: assistance Permanent placement available applicant has ‘where principles represent a – parental responsibility for the hierarchy of intervention child or young person, or from (restored to care of whom an aspect of parental family, guardianship with responsibility has been relative, kin or suitable
Child participation encouraged to extent age and development enable – direct representation Pre-court Family Group Conferences encouraged Care and Protection Orders made in circumstances of ‘risk’ have a no fault threshold Public Advocate monitors all court orders and may intervene on behalf of a child or young person Guidelines: assistance available ‘for proceedings pursuant to Principal Act, except where the total cost, in the opinion of the CEO, is likely to exceed $15K’ New South Wales Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Amendment (Parental Responsibility Contracts) Act 2006 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) ‘safety, welfare and wellbeing of the child or young person are paramount’ Child participation encouraged to extent developmental capacity and circumstances allow – direct and separate Culture, disability, language, religion and sexuality of child must be taken into account Least intrusive intervention consistent with protection of child Early intervention Retention of relationships with people significant to child Permanent placement principles – represent a hierarchy of intervention (restored to care of family, guardianship with relative, kin or suitable Legal Aid NSW Pre-court assistance/rep: Yes ADR where no current court proceedings offered as well as pre-litigation contact dispute mediation Duty Lawyer Service: Yes Court based assistance/rep: Yes Post-court assistance/rep: Yes Post final orders grant Third Parties: Yes Initiate applications: Yes, including breach applications Administrative review: Yes Guidelines: assistance available ‘where applicant has parental responsibility for the child or young person, or from whom an aspect of parental responsibility has been
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