Policy
Australian care arrangements
Australian care arrangements for tamariki or rangatahi must promote and protect their rights, be in their best interests, be safe and appropriately supported, nurture and advance their oranga and allow them to access required services.Supporting practice
Our practice is delivered through our practice framework, our practice models Te Toka Tūmoana and Va'aifetū, our practice standards, and our tools and resources.
When this policy applies
This policy applies when a care arrangement in Australia is being considered:
- for tamariki or rangatahi who are in the care, custody or guardianship of the chief executive, or
- as part of a family group conference plan.
Only under exceptional circumstances will approval be given for tamariki or rangatahi to be placed in a care arrangement in Australia.
This policy does not apply to short-term travel in Australia, such as holidays. In this circumstance, the travel policy applies.
Seek early advice from the International Child Protection Unit
If we are working with a tamaiti or rangatahi and their whānau or family and it is proposed that te tamaiti or rangatahi moves to live in Australia with a new or current caregiver, the social worker should seek early advice from the International Child Protection Unit.
Email: ICPU@ot.govt.nz
When tamariki or rangatahi move to whānau or family overseas
Understanding the best interests of te tamaiti or rangatahi
All overseas care arrangements must be in the best interests of te tamaiti or rangatahi over the short, medium and long term. Before any overseas care arrangement is approved, we must build and deepen our understanding about the short, medium and long-term needs within the context of oranga when determining best interests. An assessment report will form the basis for any future planning about how jurisdictions in Australia must respond to any identified needs.
All Australian overseas care arrangements for te tamaiti or rangatahi must be with a whānau or family member. Tamariki or rangatahi have the right to maintain connections with their whānau or family while in Australia. Where practicable, the care arrangement must also aim to reunite them with siblings already living in Australia. This must be documented and explored as part of the family group conference and planning.
Planning to support the needs of te tamaiti or rangatahi
Other short, medium and long-term considerations before a care arrangement in Australia can be approved include:
- relationships, sense of connectedness and belonging, and access to family, whānau, hapū, iwi, cultural and community supports
- ability to maintain sibling connections
- ongoing social and economic needs
- knowing the residency or citizenship status to access supports services
- understanding the implications of a care arrangement in Australia
- assessed capacity of the caregiver to provide the necessary support.
Permanent residence or citizenship
Residency and citizenship status will shape the policy process.
When tamariki or rangatahi move to whānau or family overseas
Each immigration status provides different protections and rights for te tamaiti or rangatahi. A citizen of a country holds full economic and social rights of that country, whereas a permanent resident has the right to live, study and work in that country but has fewer rights and may have limited access to some government services and supports.
If there is a pathway to permanent residence or citizenship, we must agree a plan to achieve this. The plan must include who will pay the associated costs and fees. The site will pay if the whānau or family will not or cannot pay. The site must also provide support through the permanent residence process, including supporting documentation as required.
Maintaining whānau and cultural connections for tamariki and rangatahi Māori
Our evaluation of the suitability of a care arrangement in Australia for tamariki or rangatahi Māori must include:
- how their relationship with, and place in, their whānau, hapū and iwi will be maintained and strengthened (including sibling connections)
- the effect a care arrangement in Australia will have on their links to whakapapa and the whanaungatanga responsibilities of their whānau, hapū and iwi
- how the whānau, hapū and iwi connections of each tamaiti or rangatahi are recognised and supported.
Understanding the implications of decisions
We must talk with te tamaiti or rangatahi (as age allows) about who they want to live with before supporting the care arrangement in Australia. There are implications linked to their immigration status – for example:
- how Australian jurisdictions can respond to their needs, including emergency needs during a crisis (such as bush fire, cyclones or flooding)
- entitlements to ongoing tertiary education and employment engagement and support
- access to supports from the Permanent Caregiver Support Service (PCSS) up to 18 years of age
- access and entitlement to Transition to Adulthood supports from 18 years of age.
We must work extensively with the family, whānau, hapū, iwi or family group to find a home for te tamaiti or rangatahi within their family, whānau, hapū, iwi or family group that can meet their oranga needs. They must also understand their rights and the implications and complexities of decisions made about their tamaiti or rangatahi if they move to Australia.
We must ensure the written consent of parents and all other guardians is obtained before a care arrangement in Australia is considered. This includes consent from any guardians under the Oranga Tamariki Act 1989 or the Care of Children Act 2004. If guardians don’t agree about the care arrangement in Australia, the Family Court makes the final decision.
We must also ensure that all relevant Oranga Tamariki staff and the lawyer for child are involved in the decision-making. If te tamaiti or rangatahi has a disability, we must consult our regional disability advisors about how the disability needs of te tamaiti or rangatahi will be met in Australia.
Assessed caregiver capacity to provide necessary supports
The State child protection authority undertakes the caregiver assessment and then we consider the recommendations.
Caregiver assessment
Before te tamaiti or rangatahi moves to Australia, the State child protection authority must assess and recommend the prospective caregivers and their household. We must be satisfied that the assessment:
- meets the requirements in our caregiver and adoptive applicant assessment and approval policy
- provides us with a deepened understanding of the prospective caregivers’ ability and willingness while in Australia to:
- legally assume care or custody and/or guardianship of te tamaiti or rangatahi
- promote and support cultural identity and connections for te tamaiti or rangatahi
- foster and support whanaungatanga.
Policy: Caregiver and adoptive applicant assessment and approval
This assessment must be completed before the Oranga Tamariki chief executive can support the care arrangement in Australia.
We must consult early with Caregiver Recruitment and Support if te tamaiti or rangatahi will remain in the care of the Oranga Tamariki chief executive.
Once the caregiver assessment is complete
We must consider the recommendations made by the ICPU and overseas child protection agency about the ability of the prospective caregiver to meet the needs of te tamaiti or rangatahi. This is a critical decision point in our planning.
Financial costs can be covered or contributed to by the site.
Policy: Ensuring a safe, stable and loving home for tamariki and rangatahi in care or custody
Planning to support the needs of te tamaiti or rangatahi
Good transition planning must occur once a decision has been reached that it is in the best interests of te tamaiti or rangatahi to move to a care arrangement in Australia with a whānau or family member.
Planning must identify how ongoing needs identified in the assessment report will be met while te tamaiti or rangatahi is in Australia.
We must:
- hear the voice of te tamaiti or rangatahi
- understand their situation
- consider that they might be worried and anxious about moving to Australia
- keep supporting them to explore their understanding of the implications of the move.
When a plan is being developed for rangatahi 15 years or over, the plan must consider how we are going to support their transition to adulthood.
Policy: Transition to adulthood – Preparation, assessment and planning
Family group conference plan
A hui ā-whānau and whānau hui before the conference must support whānau or family to work through the implications of their tamaiti or rangatahi living in Australia.
The requirements of the policy that covers family group conferences for care and protection concerns apply. The conference can decide if a care arrangement in Australia is in the best interests of te tamaiti or rangatahi. It may be necessary to adjourn the family group conference if the whānau or family needs further time to consider the options.
Policy: Family group conferences for care or protection concerns
Where a care arrangement in Australia is agreed, the plan must also state:
- why it is in the best interests of te tamaiti or rangatahi to move to Australia
- what supports the prospective caregivers in Australia are entitled to (linked to their known citizenship, residency or another visa status)
- how connections to whānau or family and culture will be maintained in Australia
- how pathways will be achieved to lifelong services and supports and pathways to Australian citizenship, residency or another visa status
- the services and assistance that will be provided for te tamaiti or rangatahi and their whānau or family against the known pathways to citizenship, residency or another visa status
- the contingency plan – what will happen if the care arrangement in Australia breaks down.
When te tamaiti or rangatahi is not in the chief executive’s care or custody and/or guardianship but the matter is considered in a family group conference, then it is recommended that the social worker and/or coordinator raises the issue of insurance with the family group conference.
Child and Family Support Service section 19 referrals
If the family group conference is being held because of a section 19 referral by a Child and Family Support Service, that service is responsible for taking adequate steps to check that the prospective caregivers in Australia can adequately meet the care and protection needs of te tamaiti or rangatahi.
Goal Plan
The requirements of the Goal Plan apply for tamariki and rangatahi still in the care of the Oranga Tamariki chief executive. The Goal Plan must outline the needs of te tamaiti or rangatahi and their caregivers in Australia and the supports that will be available to address these needs. The Goal Plan in this situation must also outline information about:
- the long-term goals and outcomes and how any changing needs and circumstances will be responded to while te tamaiti or rangatahi is in Australia
- how the agreed outcomes of a family group conference or court plan that are specifically relevant to the care of, and support for, te tamaiti or rangatahi in a care arrangement in Australia will be achieved
- how we ensure that the Australian caregivers and others involved with tamariki and rangatahi have all the information they need to carry out their roles and responsibilities.
Policy: Goal Plan for te tamaiti or rangatahi
A Goal Plan can be developed to document the ongoing needs and supports of tamariki and rangatahi who are not in the care of the Oranga Tamariki chief executive, but it is not a requirement.
Approval delegations
If the Oranga Tamariki chief executive has care or custody and/or guardianship, the DCE Tamariki and Whānau Services must approve the Australian care arrangement.
If the Oranga Tamariki chief executive does not have care or custody and/or guardianship and this is a section 18A family group conference, the minimum requirement is that the regional commissioner must approve the Australian care arrangement. If the case is complex and requires further consultation, the regional commissioner should consult with the DCE Tamariki and Whānau Services.
Financial costs associated with the care arrangement in Australia sit with the site manager’s budget, with approval from the regional commissioner in alignment with existing delegations.
Preparing for the care and protection family group conference
Policy: Family group conferences for care or protection concerns – Family group conference plan
International Social Service (ISS) case summary template (DOC 29 KB)
Recording
All decisions leading to a care arrangement in Australia must be recorded. The usual case recording requirements apply. In addition:
- the social worker and the care and protection coordinator must ensure that those involved in the decision-making are informed of issues relating to a proposed care arrangement in Australia – these issues must be documented and shared with the guardians
- the advice provided by the expert immigration service or government must be recorded
- the pathway to Australian permanent residence or citizenship must be documented in accordance with our normal recording policy.
Supporting the transition to a care arrangement in Australia
If a care arrangement in Australia is being considered, we must follow the legislation (part 3A of the Oranga Tamariki Act 1989) and the Interstate Child Protection Protocol Australia and New Zealand. This requirement is specific to Australia. This will ensure that te tamaiti or rangatahi has the appropriate legal status and protections in place. The National Care Standards apply as far as practicable alongside other aspects of the Oranga Tamariki Act, such as Treaty of Waitangi obligations.
Before considering an Australian care arrangement, we must check that te tamaiti or rangatahi has the legal right to permanently live in Australia. Not all New Zealanders will have the right to enter Australia to live.
To support social workers and other Oranga Tamariki kaimahi, step-by-step guidance has been developed for when we are considering or have agreed to a care arrangement in Australia. Most of these steps also apply to other overseas care arrangements in another country.
Setting up a care arrangement in Australian – process guidance
After a family group conference where agreement is reached that te tamaiti or rangatahi will move to Australia and live with a whānau or family member, we must determine and be satisfied with the quality of care and support that will be made to the caregivers.
Before orders against the Oranga Tamariki chief executive are discharged, the support package must be agreed and, where applicable, actioned. This may include an individualised caregiver support plan.
Policy: Transitions within care
Support for permanent caregivers
Documentation
We must ensure that all the correct documentation travels with te tamaiti or rangatahi when they move to Australia. This includes:
- passport
- birth certificate
- school reports
- medical reports
- court orders
- up-to-date Goal Plan
- letter from Oranga Tamariki
- international travel insurance documentation
- any other relevant information.
When tamariki or rangatahi move to whānau or family overseas
Documentation required for te tamaiti or rangatahi moving overseas – information sheet (PDF 98 KB)
Disability supports
A care arrangement in Australia for a tamaiti or rangatahi with a disability or high and complex needs can only be approved if te tamaiti or rangatahi will have access to all services there, including the Australian National Disability Insurance Scheme (NDIS).
National Disability Insurance Scheme
Family group conference and planning
As part of holding a family group conference and planning, the care and protection coordinator must ensure te tamaiti or rangatahi and their whānau or family leave the conference with a clear understanding of what was agreed, their rights during a care arrangement in Australia and what they can expect to happen after the conference.
The care and protection coordinator must consult with family, whānau, hapū, iwi and the wider family group, and help them understand the process and additional requirements (under part 3A of the Oranga Tamariki Act 1989) and the requirements of the Interstate Child Protection Protocol.
Any family group conference plan must have been concluded before te tamaiti or rangatahi moves to Australia. Some parts of the plan may continue to be used by Australian States to address medium and long-term needs and oranga requirements.
New Zealand citizens | Australian Department of Home Affairs
New Zealanders in Australia: a quick guide (PDF 295 KB) | Parliament of Australia
If the prospective caregivers state that they are an Australian permanent resident or citizen, we must obtain a copy of their immigration documentation.
It may be appropriate for caregivers in Australia to have orders made in their favour under the Care of Children Act 2004 within the New Zealand court system.
Request for family/whānau caregiver assessment in Australia template (DOC 171 KB)
Interstate alert template (DOC 74 KB)
Citizenship, residence and visa links
Residents in Australia on temporary Special Category visas (SCVs) are not eligible for the same services as permanent residents or citizens.
The immigration status will determine what government supports te tamaiti or rangatahi and their caregivers in Australia can get.
We must consider that the caregiver’s own immigration status in Australia, and the family relationship between the caregiver and te tamaiti or rangatahi, can impact on the visa status of te tamaiti or rangatahi.
New Zealand citizens who are non-protected SCV (subclass 444) holders and long-term residents in Australia have the opportunity to apply for Australian citizenship.
Special Category visa – information sheet (PDF 76 KB)
Entitlements for New Zealand citizens | Australian Department of Home Affairs
Protecting health care and community services | Australian Department of Home Affairs
Eligibility requirements for New Zealand citizens | Australian Department of Home Affairs
Orphan Relative visa | Australian Department of Home Affairs
Legal status of te tamaiti or rangatahi
Legal security of te tamaiti or rangatahi in Australia can be achieved by:
- the caregivers obtaining parenting and guardianship orders under the Care of Children Act 2004 or equivalent Australian legislation
- the relevant New Zealand care and protection court orders being transferred to Australia
- te tamaiti or rangatahi being safely secured back in the care of their parent, and legal guardianship status reverting to that parent as defined by the Oranga Tamariki Act 1989, the Care of Children Act 2004 or the relevant Australian legislation.
New Zealand social worker responsibilities until orders are transferred
Tamariki and rangatahi who move to Australia while in the care or custody and/or guardianship of the Oranga Tamariki chief executive must continue to have an Oranga Tamariki social worker until the order is transferred to Australia or discharged.
The social worker for te tamaiti or rangatahi is responsible for supporting the care arrangement from New Zealand and regularly communicating with the caregivers and te tamaiti or rangatahi. Contact must reflect the needs – initially, this contact may take place weekly or as agreed.
Request for casework assistance in Australia
The Interstate Child Protection Protocol allows Oranga Tamariki to request casework assistance and the allocation of a co-worker in Australia where te tamaiti or rangatahi is living in Australia but is still in the custody and/or guardianship of the Oranga Tamariki chief executive.
If Oranga Tamariki has a clear rationale for doing so, casework assistance may be requested before relocation of a tamaiti or rangatahi to an interstate placement (which will be considered on a case-by-case basis).
Oranga Tamariki cannot ask an Australian department to undertake case management tasks such as developing or reviewing court plans, approving costs or referring to external agencies that can be completed by phone or online from New Zealand. The aspects of case management that can be managed remotely by phone, video or email must be handled by the Oranga Tamariki social worker.
A request for casework assistance must contain a clear contingency plan, which Oranga Tamariki is responsible for enacting, in the event the placement breaks down. Attach the up-to-date court plan with reference to the care arrangement in Australia.
Maintaining contact with the caregiver and te tamaiti or rangatahi
The Oranga Tamariki caregiver social worker must maintain contact with the Australian caregiver and te tamaiti or rangatahi to provide as much support as is reasonably practicable. This must be documented in their caregiver support plan. Contact must reflect the needs – initially, this contact may take place weekly or as agreed.
The Oranga Tamariki social worker must maintain contact until the order is transferred to Australia or discharged.
Interstate care arrangement or movement of a tamaiti or rangatahi who is not subject to a Child Protection Order in Australia
If we are aware that te tamaiti or rangatahi is going to live in Australia due to current care and protection concerns (with no New Zealand Child Protection Order or proceedings in place), we must consider informing the Australian State authorities through the interstate notification or advice process of the proposed care arrangement. This must happen before the Australian care arrangement is made, so the Australian State authorities can determine whether to take any action under their relevant Child Protection legislation.
Request for interstate transfer of casework tasks (DOC 123 KB)
Payments to caregivers in Australia
As with any care arrangement of a tamaiti or rangatahi in the care or custody and/or guardianship of the Oranga Tamariki chief executive, financial support must be provided. This includes board payments, clothing allowances, pocket money, Christmas and birthday allowance and other costs as agreed in the financial plan for te tamaiti or rangatahi, and resident visa fees or the citizenship application fee for Australia.
Policy: Support for tamariki and rangatahi in care or custody
The site manager will decide whether we need to pay a non-standard board rate to meet any shortfall in costs resulting from the exchange rate between New Zealand and Australia. Payments to Australian caregivers must be recorded in CYRAS.
Allowances to support tamariki and rangatahi in care or custody and their caregivers
Care arrangement disruption or breakdown in Australia
We must work with the allocated co-worker in Australia to address any care issues and protection needs that may emerge for te tamaiti or rangatahi and their caregivers in Australia. These issues could include:
- day-to-day care
- the emotional needs of te tamaiti or rangatahi
- management of contact
- decisions about the long-term suitability of the care arrangement in Australia
- any other issues that may potentially disrupt the care arrangement in Australia.
If a care arrangement for a tamaiti or rangatahi in the care or custody and/or guardianship of the Oranga Tamariki chief executive is disrupted or breaks down, the Oranga Tamariki social worker must:
- ensure that the immediate safety needs of te tamaiti or rangatahi are met
- follow the contingency plan that Oranga Tamariki provided to Australia with the request for casework assistance.
If there are no current legal orders to the Oranga Tamariki chief executive, the relevant Australian State or Territory Child Protection Department can get involved and contact Oranga Tamariki through the Interstate Liaison Officer process.
When caregivers in Australia want to apply for legal orders for te tamaiti or rangatahi
When te tamaiti or rangatahi is still in the care or custody and/or guardianship of the Oranga Tamariki chief executive, the chief executive will consent to the discharge of orders in their favour if the proposed orders are determined to be in the best interests of te tamaiti or rangatahi. The costs sit with Oranga Tamariki until the relevant Australian care or custody and/or guardianship legal orders are granted in the Australian courts.
Policy: Ensuring a safe, stable and loving home for tamariki and rangatahi in care or custody
If a permanent care arrangement ensures a safe, stable and loving home
If we or other parties involved in the care of te tamaiti or rangatahi propose that the care arrangement in Australia becomes permanent, then the policy for ensuring a safe, stable and loving home for tamariki and rangatahi in care applies as far as practicable. This includes the entitlement to support through the Permanent Caregiver Support Service.
Support for permanent caregivers
Transferring legal proceedings or orders in Australia
The transfer of legal proceedings or orders under the Oranga Tamariki Act 1989 can only occur between Australia and New Zealand. The Interstate Child Protection Protocol (section 9) explains the process and decisions regarding the interstate transfer of legal proceedings from New Zealand to Australia. The process may vary for each Australian State or Territory.
We must consult with Oranga Tamariki Legal Services and the New Zealand Interstate Liaison Officer about the process and requirements if we consider the transfer of protection proceedings to Australia.
Email: OTLegal_NationalOffice@ot.govt.nz
Email: ICPU@ot.govt.nz
Costs remain with Oranga Tamariki under the transfer of the Child Protection Order or until proceedings are finalised.
The transfer of Child Protection Orders or proceedings does not happen in every case. For some tamariki and rangatahi, it is in their best interests that their caregiver makes an application for care or custody and/or guardianship orders in their own favour and that the chief executive orders are discharged. This situation would not require a transfer of Child Protection Orders to Australia.
Closing the case in Australia
A case must remain allocated for te tamaiti or rangatahi when the Oranga Tamariki chief executive holds any legal orders under the Oranga Tamariki Act 1989 and/or has ongoing responsibilities because of a family group conference outcome. The role of Oranga Tamariki ends when:
- the caregivers in Australia assume the legal care or custody and/or guardianship of te tamaiti or rangatahi
- the existing orders in favour of the Oranga Tamariki chief executive are transferred to the jurisdiction of any receiving State
- the rangatahi reaches an age beyond the jurisdiction of the Oranga Tamariki Act 1989
- the rangatahi marries or enters a civil union.
If te tamaiti or rangatahi is in an Australian care arrangement because of a family group conference, the involvement of the Oranga Tamariki chief executive (if any) ends when the plan for te tamaiti or rangatahi has been completed.
Any ongoing support until te tamaiti or rangatahi is 18 years of age must be managed and reviewed regularly by the Permanent Caregiver Support Service under delegation from the Oranga Tamariki chief executive.
Eligibility to Transition to Adulthood advice and supports in Australia
If there is a current care or custody order in New Zealand for a rangatahi residing in Australia, that rangatahi is eligible to some support and assistance from the Transition Support Service – their eligibility does not lapse because they move to Australia. Good transition planning will help explore the immediate and long-term needs and aspirations of the rangatahi and ensure that they know their Transition to Adulthood entitlements.
Eligibility tree – interactive (PDF 1.4 MB)
The following legal obligations continue:
- to provide advice and non-financial assistance to achieve independence, even if this may be difficult to provide from a practical point of view in some cases
- to maintain contact, wherever the rangatahi is located
- to support the rangatahi to remain living with their Australian caregiver – however, the obligation to support rangatahi to return to living with a caregiver does not require the Oranga Tamariki chief executive to find a caregiver located in Australia (although, if the rangatahi returns to New Zealand, the Transition Support Service can help identify a caregiver home).
In cases where the rangatahi is particularly vulnerable, we can:
- liaise with whānau or family and Australian adult services around their oranga
- enable some extra supports to be put in place (for example, counselling) or support them to get food
- where it has been deemed the right thing to do, help them return to New Zealand.
All financial supports and costs in Australia under the transition to independence Oranga Tamariki Act provisions require the approval of the National Manager of Transition Support Services.
Policy: Transition to adulthood – Preparation, assessment and planning – Who this policy applies to
If care orders are transferred to an Australian State or Territory, te tamaiti or rangatahi may become eligible to the post-care supports offered by that Australian State or Territory.