Kinship Carer Rights and Responsibilities in NSW

What You Are Entitled to and What You Must Report

Kinship carers in NSW operate under a web of state and federal obligations, and many are not clearly communicated by caseworkers or agency staff. Knowing your rights protects your finances and the child's stability. Knowing your obligations prevents debts, payment suspensions, and legal complications.

Your Rights as a Kinship Carer

Financial support. If you are an authorised carer under an eligible DCJ or care-order arrangement, you may qualify for a fortnightly care allowance (Standard, Care +1, or Care +2, depending on the child's needs). These payments are non-taxable and non-means-tested. They do not reduce your Centrelink pension or other income support. You may also qualify for establishment payments (up to $1,400 for long-term placements) and contingency funding for extraordinary costs, with caseworker approval.

Review and appeal. If DCJ makes an adverse decision — reducing your loading tier, refusing contingency funding, or terminating an allowance — you have the right to:

1. Request an internal review within 28 days of the decision.
2. If the decision is upheld, apply for external merits review at the NSW Civil and Administrative Tribunal (NCAT).
3. Lodge a complaint with the NSW Ombudsman about procedural unfairness or administrative delay (though the Ombudsman cannot change payment amounts).

Information. You have the right to be informed about the child's case plan, the reasons for any changes to care arrangements, and any decisions affecting the child's wellbeing or your role as carer.

Support services. Ask your caseworker or accredited OOHC agency what training and support are available for your placement. My Forever Family NSW provides training, support, and advocacy for carers. If you need help finding support, contact My Forever Family on 1300 782 975 or GRaKCA on 1800 449 102.

Respite. You can request respite care — short-term relief where an approved respite carer looks after the child while you rest or attend to personal matters. Respite is funded at the same rate tier as your regular allowance.

Your Obligations

14-day notification rule. You must formally notify DCJ (for state allowances) and Services Australia (for Centrelink payments) within 14 days of any change in care circumstances. The trigger events include:

• The child ceasing to live with you full-time.
• The child returning to a parent's care, even temporarily.
• Changes in your household composition (a new partner, another person moving in).
• Relocation to a new address — especially if you move interstate.
• New court orders that alter parental responsibility.

Failure to report within 14 days can result in overpayment debts. DCJ and Centrelink can recover overpayments through withholdings from future payments or other recovery action.

When a child turns 16, the DCJ allowance age band changes. Ask your caseworker about the current rate and any education-related payment.

Continuation form. If you receive the Supported Care Allowance, DCJ periodically sends the Carer Self-assessment and Application for Continuation of Supported Care Allowance. This form confirms the child still lives with you and that circumstances have not changed. Return it by the due date — late forms trigger automatic payment suspension.

Case plan compliance. Carers under a Children's Court order are expected to follow the child's case plan, cooperate with DCJ caseworkers during annual reviews, and facilitate court-ordered contact between the child and their parents (where contact is part of the order).

Safety concerns. If you have concerns about the child's safety — including during contact visits with parents — raise them with your caseworker or the DCJ Child Protection Helpline on 132 111. Reporting obligations depend on your role and circumstances.

The Boundaries of Your Authority

Your decision-making authority depends on the type of order:

• Children's Court order with PR to the Minister — DCJ retains parental responsibility. Confirm the decisions you can make with your caseworker, especially for major medical, school, or travel decisions.
• Supported Care / PR to relative — if the order allocates parental responsibility to you, the order defines your authority. Check the order and any contact orders before making major medical, school, or travel decisions.
• Section 79 Guardianship — you hold long-term parental responsibility. DCJ active case management ends. You make all decisions as if you were the parent, subject to any conditions in the guardianship order.
• Informal care (no order) — you do not have parental responsibility under a court order. Schools, Services Australia and clinicians each assess what evidence or authority they need; for major decisions, ask a lawyer whether a formal order is needed.

Interstate Relocation

If you plan to move interstate with the child:

• PR to the Minister: The care order must be formally transferred to the receiving state's child protection authority. DCJ continues paying your allowance until the transfer is complete.
• PR to you (Supported Care or Guardianship): DCJ generally continues the care allowance for up to 3 months after relocation. Beyond that, ongoing payment requires discretionary executive approval from DCJ.

Notify both DCJ and Centrelink before you move.

The NSW Kinship Carer Support guide includes a complete rights-and-obligations reference, notification checklists, and a decision-authority matrix showing exactly what you can and cannot do under each type of care arrangement.

See more New South Wales guides →