Skip to navigation Skip to content

Child out of care without consent 102-05050040

Expand/Collapse all sectionsExpand all


Example of child leaving care without consent

Table 1

Example

Description

1

Child is missing

Mary contacts to advise Mary's child, Brian, aged 15, has been missing for almost a week. Mary has notified the police and tried to find Brian through friends. Mary is upset and wants to know if there is anything that Services Australia can do to help find Brian - perhaps someone else has claimed payments, or perhaps Brian has claimed Youth Allowance (YA)?

The Service Officer finds out what they can about the situation and records the information on Mary's record. The officer assures Mary that they will record the information provided and advises that Family Tax Benefit (FTB) for Brian can continue for the moment. Mary is also advised that if another person claims for Brian or if Brian claims Youth Allowance (YA), the agency would contact Mary to confirm the change in care. The Service Officer explains that information about other customers can only be released in special circumstances. See the Resources page for a link to the Release of Information online form - Record of decision to disclose information in the public interest.

Mary is advised of the option to speak with a social worker, and Mary agrees. As no social worker is available at that time, the Service Officer runs the Refer to Social Work guided procedure so that a social worker can contact Mary as soon as possible.

Actual care in special circumstance

\\INTERNAL.DEPT.LOCAL\Shared\NAT\SERDELEXCEL\WORKPRODIMP\Operation Blueprint Migration\RDT Release Icons\32w\icon-attachment.pngActual care in special circumstances information package

Do not share this attachment externally. See Freedom of Information - Information Publication Scheme.
\\INTERNAL.DEPT.LOCAL\Shared\NAT\SERDELEXCEL\WORKPRODIMP\Operation Blueprint Migration\RDT Release Icons\32w\icon-hidden-attachment.pngActual Care in Special Circumstances (ACSC) Referral and Decision Template

Forms (staff)

Release of Information, Record of decision to disclose information in the public interest

Q777 letter text

Table 2

Item

Letter text

1

Free text option to obtain information to confirm the customer is still taking action to regain care and remains eligible

Provide evidence that you are taking reasonable action to regain care of the child.

Reasonable action could include:

  • negotiating with the other party in a genuine attempt to make sure compliance with the care arrangement
  • making and/or attending an appointment at a Family Relationship Centre (FRC) or other dispute resolution service with the aim of ensuring the care arrangement is adhered to,
  • seeking or obtaining legal advice regarding the making of a court order,
  • filing an application to a court to have an order made or enforced,
  • attending a hearing at court to seek an order to be made or enforced, or
  • notifying the police that the child has been taken without consent

Evidence may include:

  • a written account of the steps the carer has taken to negotiate with the other carer verified by an independent third party such as a legal representative,
  • documents from an FRC or dispute resolution service setting out the details of an upcoming appointment and the action sought, or
  • documents of police or court action