M1 - Learner Manual
2. NAT10861002 Advocate for clients in need of legal assistance
2.2. Children in Care
In each state and territory in Australia there is legislation in place that gives power to a designated state department to intervene if a child is at risk or in need of care and protection. In NSW this department is called the Department of Child Protection[1]. The relevant legislative instrument that governs the law in this area is called the Children and Young Persons (Care and Protection) Act (NSW) 1998.
In these cases, you may need to advocate on behalf of or assist your client with a range of issues. For example:-
- It may be that a parent or grandparent of a child who has been placed in the care of the Department comes to you for help.
- They may need legal representation for their court case at the Children’s Court.
- They may need you to write a letter to the Department about contact arrangements for a child.
- They may have concerns about medical treatment for the child and ask you to provide the Department with some information about that.
- In some cases a lawyer in your office may be a ‘legal representative’[2] for a child in care. In this example, you will be providing direct representation for the child and acting in their ‘best interests’.
- There may be an allegation of abuse of a child who is in foster care.