Special Guardianship Order WA: Payments, Process and What Changes

A Special Guardianship Order (SGO) in Western Australia gives a kinship carer full parental responsibility for a child until they turn 18, unless the order is revoked or an adoption order is made. It's a significant legal step — and it changes which payments you can access.

What an SGO Does

Under Section 69 of the Children and Community Services Act 2004, the Children's Court of WA can grant a Special Guardianship Order that gives full parental responsibility to the named guardian. Once it's in place, you have full legal authority to make decisions about the child's education, healthcare, living arrangements, and travel without needing parental consent.

An SGO is a formal child protection order, but after it is made the Department of Communities stops working with the child and special guardian. The order changes which payments you can access.

Payments Under an SGO

The Children's Court can order the Department of Communities to make special payments to help a special guardian look after the child. The payment is not automatic; confirm whether an order includes support and what amount applies.

Here's what changes financially:

You gain:

• Special payments from the Department of Communities if ordered by the Children's Court
• Full legal authority for school, medical, and travel decisions without statutory declarations

You lose:

• Grandcarers Support Scheme eligibility — the GSS explicitly excludes carers receiving statutory payments from the Department of Communities
• The informal care flexibility to manage the arrangement privately

Stays the same:

• Centrelink Family Tax Benefit — you can still claim FTB Part A and B
• The child's Medicare, NDIS, and school enrolment entitlements continue

SGO vs Staying Informal

Most grandparents raising grandchildren in WA do so under informal arrangements — no court orders, no Department of Communities involvement. Informal care lets eligible grandparents access the Grandcarers Support Scheme ($1,000 base + $500/$250 top-up in 2026–27) after at least four months of full-time primary care.

An SGO is a route for long-term carers whose children are already under a time-limited or until-18 protection order. A carer can apply to replace that order with an SGO after the child has been in their care under the order for at least two years; the Department can apply at any time. If you're caring informally and a parent contests your care, ask about a Family Court parenting order instead.

It doesn't make sense purely as a financial move. The Department stops being formally involved with the child once an SGO is made; any special payment must be considered separately from GSS eligibility.

The Court Process

SGOs in WA are granted through the Children's Court, not the Family Court. The Department of Communities can apply for an SGO; a long-term carer can apply to replace a time-limited or until-18 protection order after the child has been in their care under that order for at least two years. The court considers the child's best interests.

Get legal advice before taking steps; you do not have to be represented by a lawyer. Legal Aid WA (1300 650 579) provides free advice and may represent eligible kinship carers in Children's Court proceedings. The Aboriginal Legal Service of WA (1800 019 900) offers culturally secure legal support for Indigenous families.

This is not something to navigate alone, and this post isn't a substitute for legal advice — it's background so you understand the landscape before you speak with a lawyer.

Next Steps

If you're weighing up whether to formalise your care arrangement, talk to Legal Aid WA first. If you're staying informal, make sure you've claimed everything available — the WA Kinship Carer Support Guide covers the full informal pathway including the GSS, Centrelink FTB, ACCS grandparent childcare, and the school and medical paperwork.

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