NSW Children's Court Care Order for a Relative

How a Children's Court Care Order Works for NSW Relatives

When the Department of Communities and Justice (DCJ) determines that a child is at risk of significant harm and no safe arrangement with the parents is possible, the NSW Children's Court can make a care order that allocates parental responsibility to the Minister or directly to a relative. For grandparents, aunts and uncles already looking after the child, that order formalises something that was already happening — and opens a set of state-funded allowances that informal carers cannot access.

What DCJ Does Before the Order Is Made

DCJ's involvement starts with a risk-of-significant-harm (ROSH) report. If the assessment confirms risk, a caseworker investigates whether a family member is willing and able to provide safe care. That relative goes through an authorised carer assessment, including background checks, a home inspection, and interviews.

While the matter moves through the Children's Court, DCJ can place the child with the relative under temporary care responsibility. An authorised temporary placement can qualify for care allowance before the final order; ask your caseworker or accredited agency to confirm eligibility and the effective payment date.

Types of Orders the Children's Court Can Make

The court may allocate parental responsibility (PR) in several ways:

• PR to the Minister — DCJ retains oversight and assigns an accredited out-of-home care (OOHC) agency to support the carer. The carer receives the Statutory Care Allowance.
• PR to a relative or other suitable person — the relative takes on day-to-day legal authority for the child. The carer receives the Supported Care Allowance, and DCJ's active case management typically steps back once the order is finalised.
• Section 79 Guardianship Order — a long-term arrangement that transfers PR to the relative. The carer receives the Guardianship Allowance, benchmarked to the statutory care rate.

State Allowance Rates Under a Care Order

All three allowance types are non-taxable, non-means-tested, and do not reduce Centrelink payments. The fortnightly base rates effective 1 July 2026:

Care +1 and Care +2 loadings are assessed by the caseworker when a child has documented complex medical, behavioural or developmental needs.

On top of the fortnightly allowance, you may access:

• Establishment payments — up to $1,400 for long-term placements (bedding, furniture, clothing, car seats).
• Contingency funding — case-plan-approved reimbursements for specialist dental, optical, psychological or educational costs. Always get written caseworker approval first.
• Respite payments — paid at the same rate tier to approved respite carers providing short-term relief.

Centrelink Payments Alongside a Care Order

A care order does not prevent you from claiming federal payments. You can still receive:

• Family Tax Benefit Part A and B — if you have at least 35 percent actual care of the child and meet the income rules.
• Additional Child Care Subsidy (Grandparent) — if you receive an income support payment and meet the principal-carer criteria.
• Carer Allowance or Carer Payment — if the child has a recognised disability.
• Foster Child Health Care Card — for PBS concession medicines.

DCJ allowances are not counted as income by Services Australia, so they will not reduce your Age Pension, Carer Payment, or any other Centrelink entitlement.

The Continuation Form

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

Disputing a Decision

If DCJ downgrades your loading tier, refuses contingency funding, or makes any adverse allowance decision, you have 28 days to request an internal review. If the decision stands, you can appeal to the NSW Civil and Administrative Tribunal (NCAT). For systemic complaints about administrative delay or procedural unfairness, the NSW Ombudsman can investigate, though they cannot change individual payment amounts.

The NSW Kinship Carer Support guide includes a decision tracker and dispute timeline worksheet so you can organise the paperwork for a review without a solicitor.

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