Aboriginal Kinship Care in NSW

How Aboriginal Kinship Care Works in NSW

Aboriginal and Torres Strait Islander children are significantly overrepresented in the NSW out-of-home care system. When an Aboriginal child needs statutory out-of-home care, section 13 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) sets out the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles. The general order starts with the child's extended family or kinship group, then a member of the child's community, then a member of another Aboriginal or Torres Strait Islander family living nearby. Placements higher in the order can be set aside where they are not practicable or, in the first three categories, not in the child's best interests. A later suitable-person placement requires Secretary approval after consultation with the child's extended family or kinship group and appropriate Aboriginal organisations, and is considered only if higher placements are not practicable or would be detrimental to the child's safety, welfare or wellbeing.

For grandparents, aunties, uncles and other relatives who step forward, the placement order starts with extended family and kin, subject to practicability and the child's best interests. But navigating the paperwork, allowances and cultural care requirements still demands preparation.

The Aboriginal Placement Principle in Practice

The principles are part of the legislation. In practice:

• The child's family, kinship group, representative organisations and community must be given an opportunity to participate in placement and other significant decisions.
• The placement order is subject to practicability and the child's best interests; a later placement with a suitable person requires Secretary approval after consultation with the child's family or kinship group and appropriate Aboriginal organisations.
• A care plan for an Aboriginal or Torres Strait Islander child must include a cultural plan addressing how the child's connection with family and community and their cultural identity will be maintained and developed. The plan must be developed, to the greatest extent practicable, in consultation with the child, their parents, family and kin, and relevant Aboriginal organisations.

If you are an Aboriginal relative and DCJ has not considered you as a carer or has not followed the placement principle, AbSec and the Aboriginal Legal Service can advocate on your behalf.

Financial Support for Aboriginal Kinship Carers

Aboriginal kinship carers access the same DCJ allowance rates as all other authorised carers. There is no separate Aboriginal payment — but the full range of state and federal payments applies:

DCJ allowances (requires a Children's Court order or DCJ placement):

• Standard fortnightly rates from $714 (ages 0–4) to $1,081 (ages 14–15), with Care +1 and Care +2 loadings for complex needs.
• Establishment payments up to $1,400 for long-term placements.
• Contingency funding for specialist services (dental, optical, psychological) with prior caseworker approval.

Centrelink payments (subject to each program's eligibility rules, including for informal carers):

• Family Tax Benefit Part A and B (minimum 35 percent care required).
• Additional Child Care Subsidy (Grandparent) — up to 100 percent of approved fees for eligible grandparents who receive income support and meet the principal-carer criteria.
• Carer Allowance or Carer Payment — if the child has a recognised disability.
• Foster Child Health Care Card.

All DCJ allowances are tax-exempt and do not reduce Centrelink payments.

AbSec — Aboriginal Child, Family and Community Care State Secretariat

AbSec is the peak Aboriginal organisation in NSW for child and family welfare. For kinship carers, AbSec provides:

• Advocacy — if you have concerns about a DCJ decision, AbSec can provide advocacy and help you raise them with the department.
• Peer support and connection — links to other Aboriginal kinship carers and community support networks.
• Cultural care planning — guidance on developing and reviewing Cultural Care Plans for Aboriginal children in out-of-home care.
• Training — carer training programs delivered in culturally safe settings.

Centrelink Indigenous Call Centre

Aboriginal and Torres Strait Islander carers can access Centrelink's dedicated Indigenous Call Centre on 1800 136 380. This line connects you with staff trained to understand the specific circumstances of Aboriginal kinship care, including complex family structures and care-sharing arrangements. You can also use the general Grandparent, Foster and Kinship Carer Adviser Line on 1800 245 965.

Legal Services

• Aboriginal Legal Service NSW/ACT (1800 765 767) — free legal advice and court representation for Aboriginal families in care and protection proceedings and family law matters.
• Legal Aid NSW (1300 888 529) — free legal representation for eligible applicants. Legal Aid has Aboriginal-specific programs and community legal education.
• LawAccess NSW (1300 888 529) — free legal information and referrals.

Cultural Care Plans and Connection to Country

For an Aboriginal or Torres Strait Islander child with a DCJ care plan, the plan must include a cultural plan addressing how the child's connection with their family and community and their cultural identity will be maintained and developed. Discuss practical ways to support connection to:

• Their Aboriginal language, traditions, and ceremonies.
• Their extended family and community.
• Their Country and cultural practices.

If you are the child's relative, you already provide much of this connection. But if you are caring for a child from a different Aboriginal community or language group, the plan should include specific actions — visits to Country, community events, language programs, and contact with Elders.

If the plan is missing or no longer reflects the child's needs, raise it with your caseworker or contact AbSec.

The NSW Kinship Carer Support guide covers the full payment system, cultural care obligations, and every support service — with preparation checklists and a directory of Aboriginal-specific agencies.

See more New South Wales guides →