Accreditation newsletter – June 2024 | Office of the Children's Guardian

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Cultural care plans for Aboriginal children and young people

The Office of the Children’s Guardian supports the transition of Aboriginal children and young people to Aboriginal Community Controlled Organisations. It is important that non-Aboriginal designated agencies that have Aboriginal children and young people in their care, actively support their connection to culture and family. In 2023 we engaged Curijo to create a resource to assist service providers develop cultural support plans.

We also worked with Burrun Dalai Aboriginal Corporation to develop a video resource to assist non-Aboriginal agencies in understanding the importance of family and connection. The link to the video is below.

The Developing Aboriginal Cultural Support Plans resource and the videos are available on our resources page.

Critical elements for successful transition

The transition of Aboriginal children and young people in out-of-home care to the care of Aboriginal organisations is of critical importance to their wellbeing. It is a significant undertaking for both the Aboriginal and non-Aboriginal sector. The success of transition will rely on a truly collaborative approach and ensuring that the Aboriginal agencies receiving these placements have all the information they need to meet the needs of children and young people transitioning into their care. This is particularly important as new Aboriginal agencies begin providing out-of-home care services for the first time. It has been our experience that if transition of placements to new providers is not managed well, the care provided to children and young people can be compromised.

Aboriginal agencies have been telling us about the consequences of transitioning placements where prior to transfer, risks have not been identified, adequately managed, or where incomplete information is provided. The sector can support Aboriginal children and young people, their families and carers by ensuring that placements are ready for transition. This means that outstanding casework is complete and any risks or vulnerabilities in children and young people’s placements have been addressed prior to transition. It also means that the receiving agency is provided with the necessary comprehensive, accurate and current information about the placement.

Code of practice – update

The Code of Practice for Designated Agencies and Adoption Service Providers was developed following sector consultation in November 2021, September 2022 and February 2024. Thank you to everyone who made time to provide feedback which will help ensure that requirements in the code are reasonable and reflect contemporary practice.

The Code of Practice sets out important practice requirements to support children and young people in statutory out-of-home care or adoption arrangements. It also sets out the requirements to achieve and maintain accreditation.

We are working with Parliamentary Counsel’s Office to finalise the code and hope to share this with the sector in the coming months. We will soon be sharing resources to support the sector transition to the new code in 2025.

Agency Status Updates and monitoring assessments

With the introduction of the Code of Practice and following feedback received from the sector about their experiences of the accreditation scheme, we are changing the way agency practice is monitored and assessed. The code and future monitoring moves away from being compliance driven, with a greater focus on continuous improvement.

We expect that the everyday service delivery by accredited agencies will meet the requirements of the code. Agencies should have systems to review their own practice and identify and implement change where there are areas for improvement.

When an agency is accredited, we monitor how the agency is meeting its obligations against the accreditation criteria over the course of the 3 or 5-year accreditation period. Agencies with full accreditation, will be monitored with a combination of agency self-reporting and onsite visits to review a sample of practice (direct evidence).

Agency self-reporting involves providers with full accreditation periodically submitting an Agency Status Update. For most agencies this will be an annual submission. The Agency Status Update requires agencies to provide information about:

any major changes in the leadership of the organisation
any major changes or growth in the services the agency provides
the systems the agency has to review the quality of its work and identify areas of risk or areas for improvement
any practice improvement work underway in the agency, and
any challenges the agency may be dealing with (for example attracting and retaining staff).

We will conduct at least two onsite visits to each agency during a five-year accreditation period. This is an opportunity for us to see how the systems the agency has described in its Agency Status Update work in practice. We will focus particularly on how agencies pick up where there are risks or gaps in their practice and address them.

As is the case now, we will not review the circumstances of every child or young person. Rather, we will look at whether an agency has systems in place that will help it to deliver services that meet the requirements set out in the Code of Practice.

When an agency is due to renew its accreditation, we will review the information provided by the agency in each of its Agency Status Updates and the evidence gathered during onsite monitoring of direct evidence (practice).

Where an agency has demonstrated that it can maintain compliance with accreditation requirements over its accreditation period, we may decide to renew the agency’s accreditation without the need for further assessment. Where an agency has had areas for improvement or where there have been compliance concerns, we may undertake additional onsite assessments before the Children’s Guardian makes an accreditation decision.

A major change in this approach is that we will no longer undertake comprehensive point-in-time renewal assessments against accreditation criteria for every agency. Instead, we will have brief check-ins with agencies each year to understand how the agency is maintaining its compliance with the Code. This allows us to take a risk-based approach to regulation and means that each agency will receive a renewal assessment tailored to its individual circumstances.

Another major change is that assessors will spend more time talking with agency staff about how the agency knows that important casework is getting done, and what systems the agency has, to review the quality of its own practices.

Throughout 2023-24, we piloted the Agency Status Update with some agencies and trialled a new accreditation renewal process with agencies that had applied to renew their accreditation. You can read a case example of the Agency Status Update and new accreditation renewal process in our March 2024 newsletter.

Thank you to those agencies that have participated so far and have provided feedback to help us refine the new approach to monitoring and accreditation renewal and improve the way we regulate the sector.

ACWA conference presentation

Our Accreditation and Monitoring team colleagues Amy Kennedy and Tamara Addison-Murdoch recently presented at the Association of Children’s Welfare Agencies (ACWA) conference. Below is summary of the presentation about a risk-based approach to regulation of statutory out-of-home care and adoption services in NSW.

To be an effective regulator, the Office of the Children’s Guardian must adapt its regulatory processes to respond to challenges as the sector grows and changes. One of the strengths of the NSW system is that oversight of the quality of care provided to children and young people is separate to commissioning decisions. In 2021 we consulted with agencies to understand their experience of our regulatory processes. We heard that agencies found the regulatory system compliance-driven and it did not sufficiently encourage continuous improvement. We heard that intensive point-in-time assessments of compliance with accreditation requirements are less helpful than more regular, targeted monitoring and feedback about how the agency is performing.

We reflected on these messages from the sector and are now piloting a new approach to regulation – the monitoring to renewal framework. The framework recognises that the out-of-home care and adoption sector has become much more complex and a one-size-fits all approach to regulation will not work. Under the framework, the intensity of regulatory processes in agencies will depend on how well an agency can demonstrate that it is effective in managing its own compliance with accreditation requirements and picking up and addressing risk.

The presentation focused on the key changes to the way out-of-home care agencies are regulated under this custom-built regulatory system and how information gathered across each agency’s accreditation cycle informs its next accreditation renewal.

This new approach requires the Office of the Children’s Guardian to change the way we think about our role as a regulator. It is a work-in-progress, and we continue to learn how to improve our regulatory practices and processes as we trial this new way of working with the sector.

View the presentation PowerPoint (PDF, 3 MB)

Carers Register update

Carers’ rights to access their information

The Code of Conduct for Authorised Carers (PDF, 400 KB) entitles authorised carers to access personal information held on file about them by a designated agency.

Agencies should also inform carers that certain information must be entered on the Carers Register. Consent is not required from authorised carers and their household members for their information to be entered into the Carers Register, but designated agencies must inform them of what information will be recorded.

Applicant carers, authorised carers and adult household members can ask to receive or amend information held on the Carers Register by contacting their designated agency.

For more information about receiving or amending information on the Carers Register, please email carers-register@ocg.nsw.gov.au

Reviewing carer authorisations with no placements

Designated agencies are reminded of section 39 of the Children and Young Persons (Care and Protection) Regulation 2022 where there is the presumption for carer authorisations to be cancelled under two circumstances:

if the authorisation relates to a specific child or young person (“other care”) and that the authorised carer has not provided care to this specific child or young person for 3 months or more
in all other cases – the authorised carer has not provided out-of-home care to a child or young person for 2 years or more (statutory care).

There are circumstances where cancellation cannot occur:

if there is an investigation into suitability of the authorisation
if the individual has applied for an internal review of a decision to cancel their authorisation and the review is underway
if the individual has applied for the review of a reviewable decision and NCAT has not given a decision
if the agency is satisfied that the authorisation should not be cancelled.

WWCC exemption for birth parents

Birth parents who reside in the home of an authorised carer are exempt from requiring a WWCC under the Child Protection (Working with Children) Regulation 2013 section 22A Exemption for birth parents resident in households of authorised carers.

An adult who resides at the home of an authorised carer is exempt from the requirements of section 10 of the Child Protection (Working with Children) Act 2012 if the person is the birth parent of a child for whom care is provided by the authorised carer at that home.

They must have all other probity checks completed, including a National Police Check. If another child or young person is placed in the home (not a birth child) the birth parent will then require a WWCC.

If there is a birth parent who you believe is exempt, please email carer-register@ocg.nsw.gov.au in the first instance for approval. A WWCC exemption number can be provided to record on the Carers Register.

Carers Register application and authorisation report

Designated agencies must record all applicants, carers and their household members onto the Carers Register. Agencies must ensure all Carers Register information is kept up to date and that the Carers Register records align with the agency’s own records.

On 24 May 2024, we sent all Carers Register primary administrators a copy of their agency’s Carers Register application and authorisation business intelligence report via Kiteworks.

The report includes all households entered onto the Carers Register by each agency, their associated carers and household members.

Please take time to review the report provided and:

confirm all applications have been entered
confirm all carers and household members have been recorded
confirm all applicants’, carers’ and household members’ status are correct
cancel/surrender any carers that are no longer intending to provide care
close any in-progress applications no longer under assessment and make a decision against each of the applicants within that application, and
confirm personal identity details are accurate (name, date of birth, identity).

Note: Where any changes are required, please update the Carers Register within 14 days.

We do not require a response to the application and authorisation report. The report is sent as a tool for agencies to ensure their records on the Carers Register are accurate.

If you have any questions, please contact us at carers-register@ocg.nsw.gov.au

Residential Care Worker Register – a few key reminders

WWCC verification via the RCWR

All workers recorded on the RCWR must hold a current WWCC Clearance or Application in Progress and this must remain current.

When a worker’s WWCC is due to expire in the following 6 weeks, it will appear in the agency Dashboard under ‘WWC Expiring in 6 weeks’.

Workers must be re-verified via the RCWR so that the current WWCC status and expiry date is populated in the RCWR. If a worker’s WWCC expires without having been re-verified or the worker having been end-dated, it will then appear in the Dashboard report ‘WWCC Expired’.

Dashboard reports should be used to support agencies’ internal processes as part of monitoring WWCC expiries for all staff engaged as a residential care worker. If a worker is listed as engaged by an agency without holding a valid WWCC, we will follow up directly with the agency to discuss their noncompliance.

Data remediation – Aboriginal and Torres Strait Islander identification

More than 20% of all engaged workers on the RCWR have an ‘ATSI status’ recorded as ‘Unknown’. We will contact affected agencies and ask agencies to review and update this status to accurately reflect how a worker identifies.

Managing changes in your agency’s RCWR users

Each agency must keep track of all user accounts created to access and manage the RCWR. It is essential that the agency’s Primary Administrator and Head of Entity (HRE) users are always current as these contacts are used by our office and each have specific roles as part of the RCWR functionality. 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 includes details of each type of user account and instructions on how to create and end-date these.

Team contact details

If there are any questions or concerns with how to manage the RCWR or its functionality, please contact us by email at residential-register@ocg.nsw.gov.au

Sharing good practice

Aspire Homes Australia – medical model ‘Baby House’

Aspire Homes Australia is providing care to 2 baby boys with profound medical and disability needs in the New England region. As part of the agency’s Direct Evidence Program, the Office of the Children’s Guardian assessors visited the placement and spoke with direct care staff about the care provided to the children.

Aspire Homes Australia staff spoke about their vision for the placement to be a home-like environment where the children can play and interact, however, one of the children was diagnosed with a contagious bacterial infection that has prevented this interaction from occurring in the way it was intended. Despite this new challenge, Aspire Homes Australia staff divided the house in two and colour coded each child’s medical, feeding and play equipment to ensure a sterile environment for both children free from cross contamination. Each part of the house has walls of photographs of each child’s family and their favourite characters from television shows. Both families attend the house for family time and can leave items of significance for the children to be displayed in their rooms.

Ongoing care, commitment and love is evident within this placement and demonstrated by the care team who have been consistent since the commencement of the placement, with very minimal turnover. Aspire Homes Australia has specifically recruited care staff with medical backgrounds and has implemented rigorous handover and supervision procedures to ensure staff are supported in their roles. The agency also has procedures in place to address emergency medical needs as they may arise - the children’s residence was purposefully located nearby to a hospital.

Aspire Homes Australia shared with assessors that while this placement is essentially a miniature hospital, the agency has not lost sight of the fact their clients are babies who need cuddles, nurturing and a lot of love. All of which has improved some outcomes for the children’s trajectory, not thought possible by their treating medical team.

If your agency wants to find out more, please contact Katie Gordon, General Manager - Regional Aspire Homes Australia on 0432 565 037.

Alternative Care Arrangements

Advocate for Children and Young People Special Inquiry - interim report

In 2023 the NSW Advocate for Children and Young People established a special inquiry into the experiences of children and young people in Alternative Care Arrangements. A key component of the inquiry involved speaking directly with children and young people to hear about their experiences in Alternative Care Arrangements.

In May 2024 following the inquiry hearings, the Advocate published an interim report. You can read more about the inquiry and the interim report on the Advocate’s website.

System review into out-of-home care

On 2 May 2024, the NSW Government announced the establishment of a system review into out-of-home care. The review will examine the performance and sustainability of the current out-of-home care system, with a particular focus on high-cost emergency arrangements, residential care and the effectiveness of the current hybrid model of government and non-government service delivery.

Review was to identify the key issues that are impacting outcomes for children and young people and affecting value for investment. A final report will be completed by 21 October 2024 which is intended to be released publicly. It is anticipated that immediate and long-term recommendations of the review will be considered as part of an overarching strategy for out-of-home care, by the end of 2024.

Terms of reference for the review (PDF, 150 KB)

Continuing residence approval - guidance for agencies

There is new guidance material available on our website for when young people in care continue to live in a carer household after they turn 18.

Adult household members are people over 18 who live on the property of an authorised carer. All adult household members must hold a Working with Children Check (WWCC) clearance or have a current WWCC application.

If an adult household member doesn’t have a WWCC and is or was in the care of the authorised carer immediately before turning 18, they can apply for a continuing residence approval. To grant a continuing residence approval, the Children's Guardian must be satisfied any risks to the safety of children residing at the property of the authorised carer are sufficiently mitigated.

If granted, the continuing residence approval allows the young adult to continue to live with the authorised carer.

More information about applying for a continuing residence approval

Specialised Substitute Residential Care (SSRC)

Understanding SSRC and regulatory scope

Any organisation (including sole traders), that provides SSRC falls under the Child Safe Scheme and is subject to the SSRC Code of Practice. SSRC providers are regulated by the Office of the Children’s Guardian.

SSRC is an arrangement between a parent and an organisation or sole trader for their child to receive care away from their usual home for 3 or more nights in any period of 7 days. The care must be for the purposes of respite or behaviour support or funded by the National Disability Insurance Scheme (NDIS).

Organisations who fall under the SSRC regulatory scheme provide the following care types:

stays of 3 or more nights within a 7-day period in a group home, respite, hotel or Airbnb environment (days do not need to be consecutive)
short-term accommodation through the National Disability Insurance Scheme
overnight stay with another family in a 'host family' arrangement
longer-term residential care
residential programs designed to support behaviour change, such as alcohol and other drug programs
camps of 3 or more nights that focus on respite or behaviour support, or are funded by the NDIS.

SSRC can be a one-off emergency arrangement or involve frequent or long-term care.

Exemptions and statutory out-of-home care

If your services do not meet the above criteria, then you will not fall under the SSRC scheme.

Organisations providing emergency or respite accommodation for children in statutory out-of-home care (where parental responsibility for the child is allocated to the Minister), do not need to register for SSRC. If your organisation intends to provide only these services, please contact us at ssrc@ocg.nsw.gov.au

Compliance requirements

Designated agencies must complete a Child Safe Self-Assessment before providing SSRC, complying with both Child Safe Standards and the SSRC Code of Practice.

Failure to complete the Child Safe Self-Assessment within the specified timeframe is an offense under Section 8DA of the Children's Guardian Act 2019.

Recording placements on SSRC register

All nights, including single nights, spent by children in SSRC care with registered providers must be recorded on the SSRC register, ensuring an accurate count of total overnight stays across all providers. Please complete the online Child Safe Self-Assessment before accessing the SSRC register.

The self-assessment must be completed within 14 days of the entity first providing specialised substitute residential care for a child.

SSRC implementation handbook

For detailed guidance on SSRC placements, agencies can refer to the SSRC Implementation Handbook. (PDF, 6.5 MB)

This resource offers organisational insights, best practices, case studies, and tips for maintaining child-safe practices.

For further details about implementing the SSRC Code of Practice, please email the SSRC team at ssrc@ocg.nsw.gov.au

Child Safe Resources

Our Child Safe Organisations team has created a template pack to help services create or review child safe policy and procedure documents.

The templates are designed to serve as resource tool for any child safe organisation, including statutory out-of-home care and adoption service providers. The Child Safe Template Pack includes templates your agency can use to create or review its policies and procedures.

You can use or reference the following child safe documents, which reflect the legislation and other requirements under the Child Safe Scheme:

Statement of Commitment to Child Safety
Child Safe Policy
Child Safe Code of Conduct
Child Safe Reporting Policy
Child Safe Recruitment, Induction and Training Policy
Child Safe Risk Management Plan

Research project – Are you a social welfare worker providing support to youth in out-of-home?

If you are a practitioner providing support to youth in out-of-home care settings, you may be interested in participating in a research project about interventions to manage behaviours of concern.

Madison Hopkinson is a fourth-year honours student in the Social Work program at the Australian Catholic University. Madison is undertaking a research project exploring how social welfare workers in Australia understand and approach interventions to manage behaviours of concern displayed by with children and young people in out-of-home care.

This is not an Office of the Children’s Guardian endorsed project - please see Madison’s contact details below if you are interested in finding out more.

What the project is about

Interventions to manage behaviours of concern have the potential to endanger the safety of the individual or those around them. The project will explore how interventions to manage behaviours of concern are understood, approached, and implemented by social welfare workers (practitioners) providing support to children and young people in out-of-home care settings in Australia.

It is an opportunity for practitioners to share their first-hand knowledge and experience regarding interventions to manage behaviours of concern and positive behaviour support, with the intention of generating knowledge to inform policy and practice that will enhance service provision to youth in out-of-home care.

What is involved

Practitioners who provide support to youth in out-of-home care settings are invited to participate in a 45 to 60-minute conversational interview, either face-to-face or on an online platform such as Zoom, MS Teams or Skype. The interview will focus on what informs practitioners’ understandings and approaches to behaviours of concern and positive behaviour support. Interviews will be transcribed with the main themes, ideas and findings being presented in a final report.

Who can participate

Participants in the project may be employed by a government or non-government child protection agency in Australia and must have at least one year of professional working experience in NSW. Participants may have a professional background in areas such as social work, community services, social sciences, psychology, health or another related field. Participation is completely voluntary, and participants can withdraw at any time.

If you’d like to participate, and you meet the requirements above, please contact Madison Hopkinson at madison.hopkinson@myacu.edu.au