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Care and Protection: Representing Children


To demonstrate participation in this training module, you are required to register and complete it through the Learning Management System (LMS).

Need to complete phase two? Register for the child representation workshop via the Learning Management System (Legal Aid Learning and Management System (nsw.gov.au) (‘LMS’)) and by searching for Course Code FAM10062022.

Course Outline

Course Outline



Child Representation and Dispute Resolution Conferences
Leaving Care Plans
Working with Aboriginal and Torres Strait Islander Children and Families
Working with the Department of Communities and Justice
Meeting with Children: The Practicalities
Evidence and Advocacy Basics

Required reading

Representation Principles for Children’s Lawyers, Law Society of NSW PDF 514 KB
Proactive Representation of Children in Care Proceedings, Robert McLachlan PDF 486 KB
Communicating with children over 10: if wishes were horses, beggars would ride, Dr Chris Lennings PDF 377 KB
Unacceptable Risk: A comparison of the Family and Care Jurisdictions, Dr Richard Chisholm PDF 343 KB
Article 12 of UNCROC and the Participation of Children in Statutory Child Protection Decision-Making in Australia, Deborah De Fina PDF 316 KB
Understanding the Aboriginal and Torres Strait Islander Child Placement Principles as a framework for best practice,
The Aboriginal Legal Service
PDF 288 KB       
Practice Note No.2 Initiating Documents for Care Proceedings PDF 180 KB
Practice Note No.3 Alternative Dispute Resolution Procedures in the Children’s Court PDF 157 KB
Practice Note No.5 Case Management in Care Proceedings PDF 239 KB
Practice Note No.10 Parent Capacity Orders PDF 15 KB
Practice Note No.13 Section 38 Care Plans PDF 29 KB
Working with Children: A Guide to Best Practice PDF 1.06 MB
The Secretary of the DCJ and Fiona Farmer [2019] NSWChC 5 PDF 275 KB
Hackett (a pseudonym) v Secretary, DCJ [2020] NSWCA 83 PDF 559 KB

Child Protection and Indigenous Children, Stephen Ralph

PDF 806 KB


Interstate Transfer of Care & Protection Orders and Care Proceedings
Presented by Matthew Levy (Solicitor, Legal Aid NSW)

Family Law and Care and Protection Conference 2021 | Session B – Emerging issues in care and protection

Practical aspects for lawyers of working with Guardian ad Litem
Guardianship Orders – A Refresher Webinar
The webinar will feature:
Her Honour Children’s Court Magistrate Nicole Ford;
David Menser, Manager of the Guardianship Team, DCJ;
Daniel Kennard, Manager Partnerships - Care & Protection, Early Intervention Unit, Legal Aid NSW.

Family is Culture Reforms – What do they mean in practice?
This is a recording of a webinar that was presented on 14 December 2022. The Children and Young Persons (Care and Protection) Amendment (Family is Culture) Bill 2022 was introduced into parliament on 12 October 2022 and received assent on 22 November 2022. There are a number of provisions that have commenced on assent. Join us for a fireside chat with a number of leading senior care practitioners and barristers to hear about the changes and the likely impacts

Best Practice in Representing Aboriginal and Torres Strait Islander Children and Families – Speaker: Stephen Ralph

Useful resources

The Lawyer Education Series is has been developed for lawyers, not self-represented parties. The training modules assume a high level of foundational legal knowledge because they are made for lawyers. The modules are not a complete guide to the law and should not be relied upon for the preparation of your case. If you require legal help you should call 1300 888 529.