March updates for statutory out-of-home care and adoption agencies.
Code of practice – final consultation
The Code of Practice for Designated Agencies and Adoption Service Providers was developed following sector consultation in November 2021 and September 2022. The code of practice does 3 important things:
- it sets out important practice requirements to support children and young people in statutory out-of-home care or adoption arrangements
- it sets out how the 10 Child Safe Standards are to be implemented in the statutory out-of-home care and adoption sector
- it sets out the requirements to achieve and maintain accreditation.
In February 2024, the Children’s Guardian wrote to all Principal Officers and other sector colleagues about the final consultation on the code of practice. Thank you to everyone who has already taken the time to provide their feedback which will help ensure that requirements in the code are reasonable and reflect contemporary practice.
We welcome your feedback by 2 April 2024 by email to accreditation@ocg.nsw.gov.au
The final consultation included:
- Consultation Paper - designated agencies and adoption service providers on the Code of Practice - February 2024
- Public consultation draft - Children’s Guardian Amendment (Code of Practice) Regulation 2023
- Draft Statutory Out-of-home Care and Adoption Implementation Handbook - February 2024.
The public consultation draft Children’s Guardian Amendment (Code of Practice) Regulation 2023 provides the 8 practice requirements and when it commences, it will replace the 23 Child Safe Standards for Permanent Care. Agencies must then demonstrate that they meet the 8 practice requirements to achieve and maintain accreditation.
The draft Statutory Out-of-home Care and Adoption Implementation Handbook – February 2024 is a reference for agencies outlining their obligations and requirements. This document contains all the information agencies need to know about accreditation and legislative requirements. This is a work-in-progress and will be finalised, in a user-friendly format in mid-2024. We welcome any feedback you may have to help us make this a practical, useful resource.
If you did not receive the final consultation email and above documents and would like to contribute, please contact us by email to accreditation@ocg.nsw.gov.au
Following the final consultation, we will work with Parliamentary Counsel’s Office to finalise the code and we anticipate it will commence in early 2025. Throughout 2024, we will be rolling out resources to support the sector transition to the new code.
OOHC Directorate - Registration Systems team name change
Our Registration Systems team has changed its name to Carer and Residential Worker Monitoring Team (CRWM team) to better reflect the team’s responsibilities and functions.
Historically, the Registration Systems team emphasis was primarily focussed on administering the functions of the Carers Register as well as educating and monitoring the sector on its use. Onsite monitoring reviews were initially focused on probity requirements, suitability assessments and carer authorisation, as well as relevant information being entered onto the register within the legislated timeframes.
Carers Register monitoring still includes information recorded onto the register and carer authorisation assessments however, it now extends to the ongoing carer supervision and support that aligns with the requirements of the OOHC standards.
Like the Carers Register, the initial monitoring focus of the Residential Care Workers Register included administering the functions of the register, educating, and monitoring the sector of its use. Moving forward, the regulatory oversight will include ongoing register administration as well as monitoring that all workers are suitably authorised, supervised, and supported as required by the OOHC Standards.
In the coming weeks you will notice we are updating our documentation and our web pages to Carer and Residential Worker Monitoring team to reflect this change. There will be no changes to our current operations, the change is simply to better reflect the work that we already do.
The team can still be contacted through the usual channels:
Carers Register:
Email: carers-register@ocg.nsw.gov.au
Ph: (02) 6588 7073
Residential Register:
Email: residential-register@ocg.nsw.gov.au
Ph: (02) 8219 3888
Carers Register update
Statistics
Quarterly statistics from the Carers Register are published on our Key statistics – NSW Carers Register page.
End-of-quarter statistics include:
- number of current authorised carers and household members
- carers and applicants - cancelled or withdrawn
- households managed by non-government designated agencies or the Department of Communities and Justice
- current carer applications
- carer applications refused or withdrawn
The data represents a snapshot at the end of the quarter indicated, apart from cancelled, surrendered, refused, withdrawn data which covers this quarter compared to last year's corresponding quarter.
For more information, please email carers-register@ocg.nsw.gov.au.
Working with children check compliance - authorised carers and adult household members
Requirements for authorised carers and household members under the Working with Children Check (WWCC)
Authorised carers are “workers” as defined by the Child Protection (Working with Children) Act 2012 (WWCC Act). The WWCC Act states that a worker must not engage in child-related work unless they hold a WWCC clearance or have a current application for a clearance. Adult household members are subject to the same legislative requirements (unless they are deemed an exempt person) and must have a clearance or application in progress.
It is important to note that there is no provision in the legislation for risk managing an individual without a WWCC clearance, application or continuing residence approval. The paramount consideration as defined in the WWCC Act is the safety, welfare and wellbeing of children.
Where a designated agency is not compliant with the WWCC requirements, our OOHC Directorate can refer this to the WWCC Compliance team where necessary and will let an agency know when we make that referral.
Designated agencies are responsible for verifying that there is a current WWCC clearance or application in progress for all authorised carers and adult household members. Agencies must ensure that this record is updated no later than 5 working days after the expiry date for each clearance of the worker and that this is recorded on the agency file. These records must be retained for the period of child-related work and for 7 years after cessation of the work.
The Carer and Residential Workers Monitoring team supports agencies’ compliance with WWCC legislation by:
- sending alerts from the Carers Register to the agencies to notify a pending WWCC expiry
- emailing bi-monthly compliance reports to agencies listing authorised carers and household members without a current clearance or application in progress.
What happens when an individual does not have a current cleared WWCC or application in progress
The Children and Young Persons (Care and Protection) Regulation 2022 sets out the requirements under section 37 and section 40 where an individual does not meet the requirements of the WWCC Act.
Where an authorised carer no longer has a WWCC clearance, application, or is subject to a bar or interim bar, their authorisation is cancelled automatically. The agency responsible for the child oryoung person in that placement must within 48 hours of becoming aware of the cancellation, ensure the child or young person no longer resides with that person.
The authorisation can be restored within 2 years if the person has a WWCC clearance, an application or is not subject to a bar nor interim bar.
Where an adult household member residing on the same property as an authorised carer no longer has a WWCC clearance, application, continuing residence approval or is subject to a bar or interim bar, the agency must notify the authorised carer and remove the child or young person. within 48 hours of becoming aware.
The carer’s authorisation is automatically suspended when this notification is given. The suspension ceases to have effect when the household member no longer resides on the property or the reasons for their unsuitability are resolved.
Information that must be added to the Carers Register
It is the agency’s responsibility to ensure that the Carers Register is updated to reflect the current circumstances of an authorised carer, household member or authorised household. The Children’s Guardian Regulation 2022 requires the Carers Register to be updated by an agency within 14 days of the change in circumstances.
Updated WWCC information may include:
- WWC number
- expiry date
- status
- authorised carer status – for example, suspended, cancelled (with/without concerns)
- household member status – for example, removed
- household – for example, suspended, cancelled.
Residential Care Workers Register update
The Carer and Residential Worker Monitoring team has started monitoring how well agencies have rolled out the residential register. This includes contacting agencies to discuss progress and management of the register. Wherever possible, this will occur alongside the agency’s scheduled assessment visit with the Accreditation team. Agencies do not need to prepare for this. We want to understand how you are managing and provide support to help make the register a positive part of overall practice.
A few key reminders for all agencies
Provision of information to workers
Residential care workers have the right to see the information recorded on the RCWR about them, other than anything related to a reportable allegation. Where a new worker is engaged on the register by your agency, a summary is created by the register itself. Agencies should routinely provide the worker with a copy of this so they are aware of the information recorded on the register, and they can seek amendments to this if necessary.
If a worker makes a further request at any point after they have been engaged, the register has a print function built in for the agency to print a current summary. When doing this, the agency must uncheck the following boxes, to ensure that no information relating to reportable allegations is included: Reportable Allegations, Records and Activity Log.
A quick guide has for agencies (PDF, 147.97KB) is available on our website.
WWCC verification tasks
Where a worker’s WWCC is due to expire and this has been verified via the RCWR to display the updated status and expiry date, the WWCC Verification Task must also be closed. There are currently outstanding tasks in this work queue so we encourage all agencies to review and action those still visible.
Detailed information on managing WWCC verifications via the RCWR are included in this user guide (PDF, 878.46KB).
Changes in register users
Each agency must keep track of the users created to access and manage the RCWR. It is essential that the agency’s Primary Administrator is always current as this is the contact used by our office. If an employee leaves the agency or no longer requires access to the RCWR, the user account must be end dated.
The Primary and General administrator user guide (PDF, 1.30MB) includes details of each of the user types and instructions on how to create and end date users.
Data remediation or issues
If there are any questions or concerns about the RCWR, please contact us by email at residential-register@ocg.nsw.gov.au
WWCC digital renewal
In December 2023, in partnership with Service NSW, we introduced photo verification technology as an added digital option for people renewing their Working with Children Check (WWCC). This will help make renewing a WWCC easier for people who live regional, rural or remote communities, or if they otherwise find it difficult to get to a Service NSW centre.
The digital process requires a smart phone, handheld device, or computer with a working front-facing camera. The process involves identity documents that can be digitally verified and photo verification, which allows people to renew their WWCC easily and securely without having to visit a Service NSW Centre. There are some eligibility requirements to meet.
They must:
- be due to renew their WWCC
- have a MyServiceNSW account with the WWCC service added
- have 3 forms of identification which includes either a NSW driver licence or photo card
- have a device with a working front camera for face verification
- have a credit card, debit card, PayPal or PayID account if they are renewing a paid WWCC.
Renewal through photo verification is optional. People who are due to renew their WWCC can still renew through the usual process and attend a Service NSW Centre to complete their identity check in person. More information is available on the Service NSW website.
Sharing good practice
First accreditation under the new direct renewal pathway
The trial of the new approach to monitoring statutory out-of-home care and adoption services continues. Information about how agencies meet the standards and implement practice improvements is gathered through the new monitoring to renewal framework. This process informs how intensive the renewal process needs to be for each agency. Where the monitoring program indicates that an agency has sound systems to manage its own compliance and quality of practice, the agency will not need an accreditation renewal assessment.
More information about the new assessment process is available on our website in the monitoring to renewal framework (PDF, 160.37KB).
William Campbell Foundation recently had its accreditation renewed under our new streamlined assessment process.
The agency was assessed through our regular monitoring processes and submitted a very comprehensive agency status update (ASU) outlining its own quality assurance systems, identified risks and actions taken to mitigate these. The ASU is a questionnaire that is completed by each agency and responses contribute towards our planning for monitoring and accreditation renewal for the agency. We anticipate that an annual ASU will be key to our monitoring functions from here on.
William Campbell Foundation’s ASU, its history of compliance with accreditation criteria and its demonstrated responsiveness to feedback provided by our office, resulted in a recommendation for direct renewal without further assessment. The agency’s compliance with other requirements, such as the National Disability Insurance Scheme, the NSW Education Standards Authority, reportable conduct and the working with children check, also informed this recommendation. The Children’s Guardian accredited the agency for another 5 years in December 2023.
If your agency wants to find out more, you can contact William Campbell Foundation by email to discuss on an individual basis at ceo@wcfoundation.org.au
Leaving care resources
SOOHC Semi Independent Living and Therapeutic Supported Independent Living
Below is a link to a factsheet developed for use by NSW Department of Communities and Justice and non-governments service providers requesting Supported Independent Living (SIL) and/or Therapeutic Supported Independent Living (TSIL) placements under the Permanency Support Program. It is a guide for referring caseworkers to understand the parameters of SIL and TSIL when determining which service will best fit the needs of the young person being referred.
NDIS Supported Independent Living
The link below provides information for where the young person is eligible for NDIS support. The NDIS also uses the term Supported Independent Living, so when using this term in leaving care plans, it’s important to be clear about which SIL program is intended.
NDIS supported independent living
Guidelines for the review of placements for children and young people in out-of-home care
Section 150 of the Children and Young Persons (Care and Protection) Act 1998 provides a framework for the review of placements of children and young people placed in out-of-home care by an order of the Children’s Court.
The primary purpose of a review is to determine whether the placement is promoting the safety, welfare and wellbeing of the child or young person and case plans should address all aspects of their care.
Our guidelines (PDF, 234.77KB) to help designated agencies plan for and manage placement reviews have been revised and are available on our website on the Resources page. The guidelines outline when a placement review must take place, who should participate and what the review should cover.
Pathways of care longitudinal study
The Children’s Guardian’ Steve Kinmond attended a meeting of the Pathways of Care Longitudinal Study governance group in December 2023, where the researchers involved in the study talked to some highlights from the research and stepped through the research priorities for the next few years.
The study is tracking the circumstances of 4,126 children and young people who entered care between May 2012 and October 2011. Of this, there is an “interview cohort” of 1,789 children and young people who are participating in a more in-depth series of interviews over several years.
Key messages from research 2023
Wellbeing is positively associated with:
- placement stability
- relative/kinship care
- cultural connections to birth community
- educational engagement and performance
- family time with at least one parent
- warm and emotionally responsive caregivers
While this may not surprise those working in the out-of-home care sector, it is good to know there is an evidence base for what we instinctively feel to be true. The research regarding connections to birth community and contact with family highlights the need to keep a focus on this area of practice – our assessments of practice in this domain often find areas for improvement.
For more information, the Pathways of Care Longitudinal Study website includes some of the published research and some interactive dashboards.
