Care proceedings in the Children's Court

Legal aid is available for proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW) in the following circumstances

3.1.5 Care proceedings - for parents

Legal aid is available for primary care and protection proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW) in the Children's Court and the legal aid applicant:

  • has parental responsibility for the child or young person, or
  • has had an aspect of parental responsibility removed by order of a court.

The grant of legal aid extends to include any court ordered alternative dispute resolution.

Note: Parental responsibility in relation to a child or young person is defined under the Children and Young Persons (Care and Protection) Act 1998 (NSW) to mean all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

 

3.1.6 Care proceedings - children and young people

Legal aid is available to a child and young persons (or for a child representative appointed by the court) for care and protection proceedings in the Children's Court.

There is no means or merit test applied.

The grant of legal aid extends to include any court ordered alternative dispute resolution. 

3.1.7 Care proceedings - third parties

Legal aid is available for care and protection proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW), in the Children's Court, where the legal aid applicant:

  • has a genuine interest in caring for the child or young person, and
  • is significant to the care and welfare of the child or young person

Or

  • is an Aboriginal and/or Torres Strait Islander person, who has a genuine interest in caring for the child or young person, and
  • is connected to the subject child or young person through family or kinship systems, including but not limited to shared cultural, tribal and community connection.

There is no Means Test or Merit Test applied.

3.1.8 Post-final orders - for parents

Legal aid is available for care and protection proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW) in the Children's Court after a final care order has been made, where the legal aid applicant:

  • has parental responsibility for the child or young person, or
  • has had an aspect of parental responsibility removed by order of a court.

Parents who are applicants in the proceedings

To be eligible for legal aid the applicant must satisfy:

Parents who are respondents in the proceedings

There is no Means Test or Merit Test. 

The types of matters covered by the policy may include:

  • applications for compulsory assistance orders,
  • application for variation or rescission orders,
  • applications for sole parental responsibility by an authorised carer,
  • serious and persistent conflict matters where the applicant for legal aid is the applicant in the proceedings.
  • applications for contact orders, and
  • applications for guardianship orders.

 

Legal aid is only available for contact order proceedings when:

  • the legal aid applicant has attended mediation, or
  • there are exceptional circumstances.

The grant of legal aid extends to include any court ordered alternative dispute resolution.

Note: Parental responsibility in relation to a child or young person is defined under the Children and Young Persons (Care and Protection) Act 1998 (NSW) to mean all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

3.1.9 Care proceedings - Right to be Heard

Legal aid is available to an applicant who is either a person or a representative of an Aboriginal and Torres Strait Islander family or community who has been given leave to be heard under s 87 of the Children and Young Persons (Care and Protection).

To be eligible for legal aid the applicant must satisfy:

  • the Means Test,
  • the Merit Test, and
  • Legal Aid NSW must be satisfied that the applicant:
    • is significant to the care, welfare and development of the child, and
    • has a genuine concern for the safety, welfare and well-being of the child or young person.

3.1.10 Compulsory schooling order matters – for parents

Legal aid is available to parents for proceedings in relation to compulsory schooling order matters under the Education Act 1990 (NSW) in the Children's Court.

There is no Means Test. 

3.1.11 Compulsory schooling order matters – for children and young people

Legal aid is available to children for proceedings in relation to compulsory schooling order matters under the Education Act 1990 (NSW) in the Children's Court, where the order is directed at the child (as opposed to the parent).

3.1.12 Care circle conferences - for adults

Legal aid is available to a person for attendance at Care Circles Conferences, where the person has a grant of legal aid for current Children's Court proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • the Means Test, and
  • the court has referred the legal aid applicant to the Care Circle Conference.

3.1.13 Care circle conferences - for children

Legal aid is available to the child or young person (or a child representative appointed by the court) for attendance at Care Circles Conferences where the child or young person has a grant of legal aid for current proceedings under the Children and Young Persons (Care and protection) Act 1998 (NSW).

For a grant of legal aid to be made in these types of matters, Legal Aid NSW must be satisfied that the court has referred the legal aid applicant to the Care Circle Conference.

There is no means or merit test applied.