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Care and Protection Service

Legal Aid NSW statewide specialist service.

The Care and Protection Service is a statewide specialist service, part of the Family Law Division of Legal Aid NSW.

We can help parents, children and young people, and others who have a genuine concern for the safety, welfare and wellbeing of a child or young person, such as family members or carers.

We provide advice and representation for:

  • families who come into contact with the Department of Communities and Justice (DCJ) because of concerns about the safety of children and young people
  • child protection proceedings before the Children's Court of NSW under the Children and Young Persons (Care and Protection) Act 1998 (NSW) and appeals arising from these proceedings
  • proceedings in the parens patriae jurisdiction of the Supreme Court of NSW
  • applications for compulsory schooling orders under the Education Act 1990 (NSW)
  • adoption matters
  • applications before the NSW Civil & Administrative Tribunal to review a decision to:
    • authorise or not to authorise a person as an authorised carer,
    • cancel or suspend a person's authorisation as an authorised carer, or
    • grant to, or to remove from an authorised carer the responsibility for the daily care and control of the child or young person.
  • alternative dispute resolution conferences pre and post Court proceedings about the arrangements for children and young people. 

Parties to Children's Court proceedings can obtain assistance from a duty solicitor on the first occasion that the matter is before the Court.

In the Children’s Court, all children and young people whose matters are in Court will have a legal representative funded by Legal Aid NSW.

Parents and other adult parties may receive representation in Court if they are eligible for a grant of legal aid.

We can also provide referrals to other legal assistance providers, such as Community Legal Centres and private practitioners.

For more information call any office of Legal Aid NSW or 1300 888 529.

There will be a duty solicitor available on all list days at the specialist Children’s Courts Surry Hills, Parramatta, Campbelltown, Port Kembla, Woy Woy and Broadmeadow. A duty solicitor is also available when the Children’s Court sits in regional areas.