A LAFPA referral connects families involved with the Department of Communities and Justice (DCJ) in NSW to free, independent legal advice from Legal Aid NSW or the Aboriginal Legal Service (ALS) at an early stage. This initiative aims to help families resolve issues and keep children safely together through early intervention, potentially avoiding formal court proceedings.

What Families Need to Know

• It is Voluntary and Confidential: DCJ caseworkers will offer you a referral, but they need your consent to make one. The advice you receive from the lawyer is confidential.
• Purpose: The goal of the legal advice is to help you understand your rights, responsibilities, and explore options for keeping your children safe within your family, kin, or community.
• When it Happens: A referral can be made at key points, such as when:
• DCJ begins active casework with your family, like developing a safety plan or family action plan.
• A family group conference or other alternative dispute resolution is being considered.
• Discussions are occurring about a temporary care arrangement, parental responsibility contract, or a parenting capacity order.
• Issues arise post-proceedings regarding contact, cultural planning, guardianship, or restoration.
• What to Expect: A lawyer will contact you quickly to provide advice and can represent you in early intervention mediation with DCJ. They help ensure your voice is heard and that you understand the process.
• Multiple Family Members: Referrals can be made for multiple family members, including parents, young people, kin, or anyone with a genuine interest in the child’s welfare, provided each person consents.
• Aboriginal Families: The program places a strong focus on supporting Aboriginal families, aiming to reduce over-representation of Aboriginal children in out-of-home care and keeping them connected to their culture and community.

Families can also contact Legal Aid NSW or the ALS directly at any time without a DCJ referral.

You can learn more about the program and find resources on the Legal Aid NSW website.

LAFPA lawyers from Legal Aid NSW and the ALS can assist with a range of legal issues connected to your family’s involvement with DCJ and child protection concerns. Their advice focuses on early intervention to keep children safe within their family or kin network.

Specific Legal Problems LAFPA Lawyers Can Help With:

• Understanding Your Rights: They explain your legal rights and responsibilities when DCJ is involved.
• Safety and Care Planning: Providing advice and representation during discussions with DCJ about safety plans and family action plans.
• Parental Responsibility Contracts (PRC): Helping negotiate and understand the terms of a PRC, which outlines agreed actions to keep children safe at home.
• Temporary Care Arrangements: Advising on legal aspects and options when a temporary care arrangement with DCJ is being considered.
• Mediation and Alternative Dispute Resolution (ADR): Representing you during early intervention lawyer-assisted mediation with DCJ to help reach agreements without going to court.
• Contact and Placement Issues (for children in care): For young people already in out-of-home care, a LAFPA lawyer can provide advice regarding contact with family, placement issues, cultural connection, and guardianship orders.
• Guardianship and Restoration: Advising on matters related to long-term care plans, including guardianship and restoration processes.
• Related Civil Law Issues: LAFPA lawyers can also offer advice on related, fundamental civil law issues that may impact your ability to care for your children, such as housing problems (eviction, arrears), Centrelink disputes, and domestic and family violence issues.

The goal of this early legal help is to address underlying issues and explore all options to prevent cases from escalating to formal Children’s Court proceedings.

DCJ caseworkers should offer a LAFPA referral at the first point of contact with families where there are child protection concerns (but they often forget, or families don’t give their consent to the referral, thinking it is legal support from DCJ).

NOTE: We suggest families request LAFPA. It is a free service to help YOU. The goal is early intervention to keep families together where safe.

Specifically, referrals should be offered by DCJ (OR FAMILIES SHOULD REQUEST IF CASEWORKER FORGETS TO OFFER) at key decision points, including but not limited to:

• Commencement of Active Casework: When DCJ starts working actively with a family to address safety concerns. This includes developing a safety plan or a family action plan.
• Alternative Dispute Resolution (ADR): When a family group conference, mediation, or another form of ADR is being considered or offered.

• Alternative Dispute Resolution (ADR): When a family group conference, mediation, or another form of ADR is being considered or offered.
• Before Signing Key Agreements: Families must be given time to seek legal advice before signing documents like a:
• Parental Responsibility Contract (PRC)
• Temporary Care Arrangement (TCA)
• Care plan by consent
• Post-Care Order Issues: Caseworkers should also make referrals for young people or family members who need advice about post-final care order issues such as contact arrangements, placement, cultural planning, or guardianship orders.
• Aboriginal Families: There is a strong emphasis on offering referrals to Aboriginal families to ensure they receive culturally competent legal services to help prevent over-representation in out-of-home care.

Caseworkers must inform families that free legal advice is available and give them the “Is DCJ talking to you about your kids?” brochure.

Families can access the official guidelines via the Legal Aid NSW website for more information.

See more information about early-intervention mediation, LAFPA, and podcast information at https://www.podbean.com/ew/pb-x3muw-151cff6.