Care and Protection: Early Resolution Assistance (ERA)

3.1.1 Care and Protection - Early Intervention Mediation

Funding for Early Resolution Assistance (ERA) is available for the Legal Assistance for Families Partnership Agreement (LAFPA)

ERA is available where:

  • Significant safety issues for the child/ren have been identified, including risk of assumption, or
  • The family and child/ren would benefit from a legally assisted mediation,

AND

  • The family have been referred to ERA early intervention mediation in accordance with the LAFPA referral criteria.

To be eligible for ERA funding, the applicant must satisfy the following tests:

Note: When considering if the family and child/ren would benefit from a legally assisted mediation, “family” includes people who are connected through kinship systems, including but not limited to shared cultural, tribal and community connections, where the child subject to the application.

Note: Children participating in the LAFPA are not required to satisfy the ERA Means Test or ERA Merit Test.

3.1.2 Prefiling Adoption Mediation

Adoption mediations provide an opportunity for people to talk about issues regarding a child or young person currently living with carers when the issue of adoption of the child or young person has been raised.

Funding for ERA for prefiling adoption mediation is available where the applicant:

  • is a birth parent or family member of the child,
  • is connected to that child through kinship systems, including but not limited to shared cultural, tribal and community connections, where the child subject to the application is Aboriginal and/or Torres Strait Islander, or
  • is significant to the care, welfare and development of the child.

To be eligible for ERA the applicant must satisfy the following tests:

Note: For assistance in completing an application for an Adoption mediation please contact: Note: For assistance in completing an application for an Adoption mediation please contact: ADR@legalaid.nsw.gov.au

3.1.3 Postfiling Adoption Mediations

Adoption mediations provide an opportunity for people to talk about issues regarding a child or young person when the proceedings for the adoption of the child or young person have been filed in the Supreme Court.

Funding for ERA for post filing adoption mediation is available where the applicant:

  • is a birth parent or family member of the child,
  • is connected to that child through kinship systems, including but not limited to shared cultural, tribal and community connections, where the child subject to the application is Aboriginal and/or Torres Strait Islander, or
  • is significant to the care, welfare and development of the child.

To be eligible for ERA the applicant must satisfy the following tests:

3.1.4 Contact Dispute Mediation

Funding for Early Resolution Assistance (ERA) is available for attendance at a pre-litigation contact dispute mediation under s 86(1A) of the Children and Young Persons (Care and Protection) Act 1998 (NSW).

To be eligible for ERA an adult applicant must satisfy the following tests:

Note: children participating in contact dispute mediations are not required to satisfy the ERA Means Test or Merit Test.