When a child cannot live safely at home, NSW often places them with a family member or someone they already know. This is called kinship care. Other children live with foster carers they have not met before. Both arrangements are meant to keep children safe.

When that trust is broken, survivors and their families often ask the same question: do I have a legal claim, and does it matter whether the care was foster care or kinship care? This article explains the key differences, the options available in NSW, and how to take a first step at your own pace.

What is the difference between kinship care and foster care in NSW?

Foster care usually means a child lives with an authorised carer who is not a relative. Kinship care means the child lives with a relative or another person they already have a connection with, such as a grandparent, aunt, uncle or family friend. Kinship care is especially important for Aboriginal and Torres Strait Islander children.

In both cases, the NSW Department of Communities and Justice (DCJ) or a non-government agency accredited by the Office of the Children’s Guardian generally authorises the carer. These agencies are called designated agencies. The background checks required before a carer is authorised are broadly the same for foster carers and relative carers.

Some families also make private arrangements, where a relative cares for a child without DCJ or an agency being involved. These are often called informal kinship arrangements. Legal options vary in these cases as no one organisation may have been responsible for the placement.

Why the difference matters for a legal claim

A legal claim usually looks at who was responsible for the child’s safety. In an authorised placement, DCJ or an accredited agency chose the carer, approved the home, and was meant to supervise the placement and respond to concerns. Many claims focus on whether those responsibilities were met.

Questions a lawyer may look at include:

  • How the carer and other household members were assessed and approved
  • Whether the child was visited and given a chance to speak privately
  • Whether earlier concerns were recorded and acted on
  • Whether the child’s complaints were taken seriously

These questions can arise in both foster and kinship care. What can change is the paperwork. Records may sit with DCJ, with an agency, or with both, and a lawyer can help you request them.

Your legal options in NSW

A civil claim

A civil claim asks a court to award compensation for the harm caused by abuse. In NSW, there is no time limit for civil claims involving child abuse, which includes child sexual abuse and serious physical abuse. This means you may still be able to bring a claim many years later. Compensation is assessed on your individual circumstances rather than a fixed scale.

Which legal rules apply can depend on when the abuse happened and who was responsible. For abuse on or after 26 October 2018, NSW law places a duty on organisations responsible for children to take reasonable precautions to prevent abuse, and the organisation must show that it did so. Earlier abuse is generally assessed under general negligence principles. A lawyer can explain how this applies to your situation.

The National Redress Scheme

The National Redress Scheme is a national scheme for people who experienced institutional child sexual abuse before 1 July 2018. One setting covered is foster care, as long as the responsible institution has joined the scheme. It can offer a payment of up to $150,000, access to counselling and psychological care, and a direct personal response such as an apology.

Applications close on 30 June 2027. If you accept an offer of redress, you generally give up the right to sue that institution over the same abuse. That is why it is important to get independent advice before you decide.

Where to start

  • Speak with a lawyer experienced in abuse claims. A first conversation is confidential and does not commit you to anything.
  • Write down what you remember, but only as much as feels comfortable.
  • Note the names of agencies, workers, carers, schools or doctors involved, even if you are unsure of the details.
  • Ask about your care records. A lawyer can help you request them.
  • Keep the National Redress Scheme closing date of 30 June 2027 in mind when deciding what to do first.
  • Look after yourself. Take breaks; you set the pace.

If you need to talk to someone now, Blue Knot Foundation’s helpline is on 1300 657 380, and Lifeline is on 13 11 14. knowmore, a free legal service for survivors, is on 1800 605 762.

Frequently asked questions

Can I make a claim if the abuse happened many years ago?

Possibly, yes. NSW has removed time limits on civil claims for child abuse, so claims made decades later can still be considered. Evidence will matter, which is why early advice helps.

Is abuse in kinship care covered by the National Redress Scheme?

It can be, where the abuse was sexual abuse that happened before 1 July 2018 in a placement arranged or supervised by an institution that has joined the scheme. Each case depends on its facts, so it is worth checking with a lawyer or support service.

Do I have to choose between redress and a civil claim?

In practice, accepting redress generally releases the institution from further liability for that abuse. It is important to understand both options before you accept an offer.

What if the kinship arrangement was informal?

A claim may still be possible, but it can look different because there may be no agency or department involved. A lawyer can assess who may be legally responsible.

Will I have to go to court?

Many claims are resolved through negotiation or mediation. We explain every stage in plain English, so you know what to expect.

How AJB Stevens can help

AJB Stevens is a Sydney kinship care abuse lawyer and litigation firm that is small enough to care and big enough to fight. Our lawyers take a trauma-informed approach. You decide what you share and when, and we explain each step clearly.

We can help you understand your options, request your records, and, if you choose, pursue a civil claim or guide you through the National Redress Scheme before it closes on 30 June 2027. Contact AJB Stevens for a free, confidential consultation.

This article provides general information only and is not legal advice. Every situation is different, so please speak with a lawyer about your circumstances.