Children have the right to live in a safe and nurturing environment. That means an environment which is free from violence, exploitation and substance abuse. It also means living with caregivers who will foster the child's health, developmental and psychological needs, self-respect and dignity.

Each state and territory has its own care and protection laws that try to ensure the safety and well-being of children and young people. This is done through laws that outline the child protection laws and through policy statements. Policy statements are guidelines setting out how the rules should be applied. Each state and territory also has a government department which is responsible for administering the care and protection rules and coordinating the provision of care and protection services.

The rules are in place to make sure that all children receive proper care and protection and that their needs for safety, welfare and well-being are met. These rules apply to all persons, institutions, services and facilities that are responsible for the care and protection of children. If there are concerns that a child is not receiving adequate care and protection or is at serious risk of harm then representatives (called caseworkers) from the relevant government department can take steps to protect the child.

Caseworkers should try to work with caregivers to assist them in addressing the issues that are making it difficult for them to provide adequate care and protection for their children. If this process does not work the department may take the matter to court to try and place the child in a safe environment. At all stages both the government department and the court are required to make decisions that are in the ‘best interests’ of the child.

In some cases the department will make an immediate decision to remove a child from their home and place them in a different environment where their needs will be met and they will be protected from harm (physical or psychological). When this happens it significantly impacts upon the lives of the children, their parents or primary caregivers and their extended family. These cases of urgent removal must still go to court for approval of the department's decision to relocate the child. The parents or primary caregivers have a right to tell the magistrate at that hearing why they think the removal order should not be made.

This Legal Guide on Care and Protection provides parents, guardians, caregivers and relatives with information about what may happen if a government department becomes involved with their family due to concerns about the care and protection of a child (or children). Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.