The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

11.3.7.40 Reviews & appeals through the child protection authority review procedures under the Child Protection Measure

Introduction

Where the relevant state or territory child protection authority has made a decision to refer a person to Centrelink for income management, the person can seek a review of decisions from the child protection authority if they disagree with:

  • the decision to be referred for income management, and/or
  • the proposed duration of income management.

Western Australia (WA)

Different review processes apply depending on whether the child protection authority's decision relates to a person whose child is:

  • not in the Chief Executive Officer's (CEO) care, or
  • in the CEO's care.

Where a child is not in the CEO's care, reviews are to be dealt with through an administrative process developed by the child protection authority. People are informed of this process when placed on income management.

Where a child is in the CEO's care, a referral for income management can be used as a strategy to support reunification. This forms part of a care plan to address the needs of the child. The Children and Community Services Act 2004 (WA) sets out procedures to be followed to seek a review of case planning decisions in a care plan by the case review panel and the state administrative tribunal.

Northern Territory (NT)

Different review processes apply depending on the kind of decision which has been made under the Care and Protection of Children Act 2007 (NT), including, but not limited to:

  • decisions made by the CEO with respect to a child's care plan
  • decisions made by authorised officers with respect to action to be taken where a child is in need of protection.

Where a child is in the CEO's care, a referral for income management can be used as a strategy to support reunification. This forms part of a care plan to address the needs of the child. The Care and Protection of Children Act 2007 (NT) sets out procedures to be followed for the CEO to review the care plan on a regular basis and otherwise as necessary.

NT local courts also have power to make orders with respect to child protection. The Care and Protection of Children Act 2007 (NT) sets out how a decision of a local court with respect to child protection can be appealed to the NT Supreme Court.

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