Kinship Carer Rights Victoria: What You're Legally Entitled To

Your Rights Depend on Your Care Arrangement

Victoria's kinship care system creates different rights depending on how the child came to be in your care. A grandparent with a Permanent Care Order has full parental responsibility. An informal carer — someone raising a relative's child through a private family arrangement — has limited legal authority but extensive payment entitlements. Understanding which category you fall into determines what you can and cannot do.

Informal Kinship Carers: Your Rights

If you are raising a child without a court order or DFFH involvement, you are an informal kinship carer. Under Victorian and Commonwealth law, you have the right to:

Claim Centrelink payments. Services Australia assesses eligibility based on who has physical care of the child — not legal custody. If the child lives with you 35% or more of the time, you may qualify for Family Tax Benefit Part A, subject to other rules. The 65% care threshold applies to ACCS (Grandparent), which also has relationship, income support and decision-making requirements. You do not need the birth parent's permission to claim. Call 1800 245 965 (Grandparent, Foster and Kinship Carer Adviser line) to start the process.

Enrol the child in school. The Victorian Department of Education allows informal carers to enrol a child in a government school by completing an Informal Carer Statutory Declaration. You do not need a court order, a DFFH vendor number, or the birth parent's written consent. The school must accept the statutory declaration as sufficient authority for enrolment.

Make day-to-day school decisions. Once enrolled, the school should treat you as the primary contact for attendance, excursions, parent-teacher meetings and routine decisions. However, a parent who holds legal parental responsibility can override your decisions in an explicit conflict (such as changing schools) unless a court order says otherwise.

Consent to routine medical treatment. An Informal Carer Statutory Declaration can support an informal carer's consent to routine check-ups, dental care and standard vaccinations. Confirm what a clinic or hospital needs for a particular appointment. A practitioner can provide emergency treatment without consent when it is required to avert danger to the child's life or health.

Apply for the Victorian Carer Card. Informal carers with a primary, ongoing caring role may be eligible under Category B or C. You need one of: an Informal Carer Statutory Declaration, a letter from a kinship agency, or an authorised professional (GP, social worker, school principal) to complete Section 4 of the application. The card gives you a 50% discount on public transport via a carer-coded myki, free weekend travel across two consecutive zones, and commercial discounts.

Access the Foster Child Health Care Card. Eligible informal non-parent carers may be able to get this non-means-tested card for the child. It provides lower-cost PBS medicines and local concessions; it does not guarantee bulk-billed medical services.

Formal (Statutory) Kinship Carers: Additional Rights

If DFFH child protection has placed the child with you — meaning there is a Children's Court protection order and DFFH has formally endorsed you as a kinship carer — you have everything above plus:

DFFH care allowance. Non-taxable fortnightly payments starting at $473.66 (age 0–7) to $696.65 (age 13+) at Level 1, with higher levels for children with additional needs. This payment begins from the date your placement is endorsed.

First Supports referral. For statutory placements expected to last more than three months, child protection guidance calls for a referral to the First Supports Program within 21 days. Delivered by CSOs or ACCOs, it can provide up to 12 months of support, including financial brokerage for essential items.

Case plan participation. You have the right to be involved in the child's case plan reviews and to have your views considered by DFFH.

Permanent Care Order pathway. If the arrangement becomes long-term, you can apply for a Permanent Care Order through the Children's Court. The order grants parental responsibility to the carer to the exclusion of the parents and DFFH, and ends active child protection supervision.

Parenting Order Holders: Your Rights

If you have obtained a Parenting Order through the Federal Circuit and Family Court of Australia, your rights are defined by the terms of the order. A parenting order typically specifies:

• Who the child lives with
• Who has parental responsibility (sole or shared)
• What decisions each person can make
• Contact arrangements with the birth parents

A parenting order gives you strong legal standing with schools, medical providers and government agencies, but it does not automatically entitle you to DFFH care allowances (those require statutory child protection endorsement).

What You Cannot Do Without a Court Order

As an informal kinship carer, there are limits:

• Informal care alone does not transfer parental responsibility from a parent. If a parent with parental responsibility seeks to resume care and you have a safety concern, contact DFFH or police and seek legal advice
• You cannot override the decision of a parent who holds legal parental responsibility in an explicit conflict; seek that parent's agreement or legal advice about an order before making a major decision
• Before overseas travel, a name change or a request for official records, check the consent and authority requirements for your circumstances; informal care alone does not transfer parental responsibility

If any of these limitations are creating practical problems, speak to a community legal centre about whether a parenting order would help your situation.

Practical Next Steps

Knowing your rights is one thing. Exercising them — especially when a school receptionist says they need "guardianship papers" or a Centrelink officer asks for a court order that doesn't exist — is another.

The Victoria Kinship Carer Support Guide includes ready-reference sheets for each of these situations: what to say, what form to show, and who to escalate to if you're told no.

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