Foster Carer Rights South Australia: What the System Won't Volunteer

There is a specific experience many South Australian foster carers report at some point in their first year: a DCP caseworker makes a decision about a child in their care — moving a placement, changing contact arrangements, declining a request — and the carer has no idea whether they are allowed to push back, who to call, or whether pushing back will jeopardise the child's placement with them.

The answer is that carers have substantive formal rights under South Australian legislation. The problem is that these rights are buried in policy documents most carers never read, and the DCP does not proactively explain them at information sessions.

This article outlines the most important rights SA foster carers have, and how to exercise them.

The Legal Foundation: The Safety Act 2017

The Children and Young People (Safety) Act 2017 (SA) is the primary legislation governing foster care in South Australia. While it is primarily framed around the rights and safety of children, it contains several provisions that directly protect carers and govern how decisions affecting carers must be made.

The coming Children and Young People (Safety and Support) Act 2025 — which received Royal Assent in June 2025 but will not commence until July 2027 — will strengthen carer rights further by inserting a Statement of Commitment (Section 19) that legally mandates the DCP to inform, support, and consult carers in decisions. Until then, the 2017 Act is the operative instrument.

Right 1: Information Before a Placement (Section 79)

Before you agree to accept a child into your home, you have a right to all "relevant information" about that child's circumstances, history, and known needs. This is provided for under Section 79 of the Safety Act.

In practice, emergency placements sometimes occur with incomplete information — a call comes in at 9 pm, a child needs somewhere safe tonight, and the DCP officer on duty knows limited background. In those circumstances, you can agree to an emergency placement and request a full information briefing within 24 hours.

What Section 79 means in practice: before saying yes to any non-emergency placement, ask explicitly, by name: "What information is the Department required to provide me under Section 79 before I agree to this placement?" Then document that you asked.

This is not adversarial — it is good practice. Carers who understand what they are taking on are better positioned to meet the child's needs without being blindsided by medical requirements, contact arrangements, or behavioural history that was not disclosed.

Right 2: A Formal Review of DCP Decisions (Section 157)

If you believe a decision made by the DCP about a child in your care is wrong — a placement move, a change in contact, a decision about the child's schooling or healthcare — you have the right to request an internal review of that decision under Section 157 of the Safety Act.

The internal review is conducted by a DCP officer senior to the one who made the original decision. To exercise this right:

1. Request the review in writing.
2. Clearly state the specific decision you are contesting.
3. Ground your objection in the child's best interests under Section 7 of the Act. Do not make it personal; make it about the child.
4. Keep copies of all written correspondence.

Most carers do not know this right exists. Agency workers do not routinely explain it. The DCP's own communication materials do not highlight it. Yet it is a formal legal right, and exercising it is not a black mark against you as a carer.

Right 3: External Review by SACAT

If the internal DCP review under Section 157 does not resolve the issue, certain decisions can be taken to the South Australian Civil and Administrative Tribunal (SACAT). This is the external review mechanism — an independent body outside the DCP's authority.

SACAT review is slower and more formal than an internal review. It should generally be the second step, not the first. But knowing it exists matters. Carers who understand that there is a mechanism beyond "accepting what the DCP decides" are better equipped to advocate for the children in their care.

The Guardian for Children and Young People (currently Shona Reid) can also receive complaints about systemic failures in how children in care are being treated. The Guardian's office is independent of the DCP and reports to Parliament.

Right 4: Lodge a Formal Complaint with the DCP

If you have a concern about how your case has been handled — poor communication, failure to respond to safety concerns, unprofessional conduct by a worker — you can make a formal complaint to the DCP directly through its complaints management process.

Complaints can be lodged:

• Online via the DCP website
• By phone via the DCP regional offices
• In writing to the relevant regional manager

If the complaint is not resolved satisfactorily by the DCP internally, you can escalate to the SA Ombudsman, who has jurisdiction to investigate complaints about government departments.

Right 5: Support from the Independent Peak Body

The Connecting Foster & Kinship Carers SA (formerly the Foster Care Association of SA) is the independent peak body representing foster and kinship carers in South Australia. It provides:

• Peer support and carer networks
• Advocacy when dealing with the DCP
• A voice in government consultations on carer policy

If you are in dispute with the DCP or your agency, Connecting Foster & Kinship Carers SA is the independent resource that can assist you without any conflict of interest — unlike your agency, which is contracted by the DCP and has its own relationship with the Department to maintain.

The Rights Your Agency Should Have Explained

Your NGO agency (whether that is AnglicareSA, Lutheran Care, Uniting Communities, ac.care, or another) is also bound by obligations under the DCP's Family Based Care Service Specifications. These specifications require agencies to:

• Provide you with 24/7 phone support
• Assign you a dedicated Carer Support Worker who visits regularly
• Include you in reviews and care planning meetings relevant to the child in your home

If your agency is not meeting these obligations, that is a reportable issue — both to the DCP, which manages agency contracts, and to Connecting Foster & Kinship Carers SA.

Understanding these rights before you enter the system — not after you are frustrated and in a dispute — is one of the most practical things you can do as a prospective carer. The South Australia Foster Care Guide covers both the rights framework and the practical realities of the DCP and NGO relationship in plain language, without the bureaucratic filter.

What Carer Rights Look Like in Practice

Rights on paper mean little without the confidence to exercise them. The most effective carers in South Australia are not those who defer to every DCP decision, nor those who are constantly in dispute. They are the ones who:

• Ask for information before making decisions, and document that they asked
• Raise concerns in writing, even when they feel awkward doing so
• Understand the distinction between a Care Team model (collaborative) and an accountability relationship (formal)
• Know when to escalate and when to work within the existing relationship

The system is not designed to be opaque about carer rights — but it is often underdocumented and under-communicated. The carers who know their rights tend to advocate more effectively for the children in their homes, and that is ultimately the point of being authorised in the first place.

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