Children and Young People in Out of Home Care (Family or carer experience) | External submission

Submission to the Senate Community Affairs Legislation Committee

Inquiry into the National Disability Insurance Scheme Amendment Legislation

Children and Young People with Disability Living in Out of Home Care

Submitted by: Lisa O’Malley

Independent Volunteer Advocate for Children and Young People, Foster and Kinship Carers

Co-founder, The Carer Project

Member, The Little Heroes Foundation Advocacy & Community Action Group

Member, SA Dental Consumer Advisory Panel – Representative for Vulnerable Children and

Young People

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Introduction

Thank you for the opportunity to provide this submission.

I am making this submission in my personal capacity, drawing upon almost twenty years of lived experience as a Foster Carer and guardian to two young people, together with my volunteer advocacy supporting children and young people, Foster Carers, Kinship Carers, informal Carers, and families.

Through my work as Co-founder of The Carer Project, I have worked alongside hundreds of Foster and Kinship Carers across South Australia and have engaged with many across Australia. This has provided significant insight into the practical challenges Carers face when navigating the intersection of the National Disability Insurance Scheme (NDIS), child protection, health, education and other Government systems.

Over many years I have served on a range of boards, advisory groups and consumer representative bodies, and have participated extensively in consultation, advocacy and consumer advisory roles focused on improving outcomes for vulnerable children, people with disability and Carers. I have consulted and engaged with the Department for Child Protection, other Government agencies, Ministers, the Premier, Members of Parliament and senior executives on a broad range of policy, legislative and systemic issues affecting children and young people in Out of Home Care, disability and Carer support. Through submissions, reports, advocacy and consultation, I have consistently advocated for practical, evidence informed and cost-effective systemic reform that delivers better outcomes for children and

families while making better use of public resources. These experiences have reinforced my view that meaningful and lasting reform is most effective when it is informed by the lived experiences of those directly affected.

This submission is not intended to examine every aspect of the proposed legislation. Rather, it focuses on an important cohort that I believe has received insufficient attention throughout the reform process: children and young people with disability living in Out of Home Care.

Children and young people living in Out of Home Care represent some of Australia’s most vulnerable members of the community. Many have experienced abuse, neglect, family violence or significant trauma, while also living with disability, developmental delay, complex medical and palliative needs or mental health challenges. Carers are required to navigate multiple Government systems while advocating for the supports children need to remain safe, healthy and able to reach their full potential. In South Australia, Carers work under the child’s legal guardian, who, for children and young people under 18 years of age subject to care orders, is the Chief Executive of the Department for Child Protection, Jackie Bray, alongside the National Disability Insurance Agency, health services, education providers and other Government and non-Government organisations.

The NDIS reforms must recognise that children living in Out of Home Care are not simply NDIS participants or placements. They are children whose disability, health, education, safety and wellbeing are managed across multiple Government systems. Unless those systems work together and meaningfully involve the Carers who know these children best, reforms risk leaving some of Australia’s most vulnerable children behind.

I respectfully encourage the Committee to ensure that the final legislation explicitly considers the unique circumstances of Children and Young People living in Out of Home Care, including those living in residential care facilities, and recognises the importance of meaningful participation by those responsible for the child’s day-to-day care in disability planning and decision making. Ensuring that decisions are informed by those with the greatest knowledge of a child’s daily needs, circumstances and support requirements, alongside effective coordination between disability, child protection, health and education systems, is essential to improving outcomes, protecting vulnerable children and delivering evidence informed, cost-effective reform.

Children and Young People in Out of Home Care: An Overlooked Cohort

Children and Young People living in Out of Home Care represent a unique cohort within the National Disability Insurance Scheme. While they are entitled to the same rights and opportunities as all NDIS participants, their circumstances are fundamentally different because decisions affecting their lives occur within a statutory child protection framework and across multiple Government systems.

Unlike most children accessing the NDIS, Children and Young People in Out of Home Care are supported by Foster and Kinship Carers or residential care providers while legal responsibility for decision making rests with the State. In South Australia, for Children and Young People subject to care orders, this responsibility rests solely with the Chief Executive, Jackie Bray.

Children and Young People in Out of Home Care are more likely to have experienced abuse, neglect, family violence, developmental trauma, disrupted attachments and multiple placement changes. Many live with disability, including significant physical disabilities, alongside complex medical, behavioural, developmental, mental health or palliative needs.

Their circumstances require more than access to disability funding alone. They require coordinated decision making across child protection, disability, health, education and other systems, with clear accountability for ensuring their needs are identified, prioritised and responded to in a timely manner.

Through my advocacy and consultation with hundreds of Foster and Kinship Carers across South Australia, I have observed that these children and those caring for them often experience significant challenges navigating the intersection between the NDIS and the child protection system.

To support this submission, I will also forward a report prepared through The Carer Project, informed by feedback from members of our independent Foster and Kinship Carer peer support and advocacy group of more than 800 Carers. The report highlights recurring concerns relating to access to supports, delays, decision making, communication, funding responsibilities and the practical challenges experienced by Carers supporting Children and Young People with disability and complex needs.

Children and Young People living in Out of Home Care must be recognised as a distinct cohort within NDIS reform. Without explicit consideration of their circumstances, there is a risk that changes intended to improve the system may unintentionally create additional barriers for some of Australia’s most vulnerable children.

The Essential Role of Foster and Kinship Carers

Foster and Kinship Carers play an essential role in supporting Children and Young People with disability living in Out of Home Care. They provide the child’s day-to-day care, often over many years, and develop detailed knowledge of the child’s disability, communication, health, development, behaviours, education, therapies, routines and support needs.

Many Children and Young People entering Out of Home Care have experienced significant adversity, including abuse, neglect, family violence, disrupted attachments or circumstances where their safety and wellbeing could not be maintained in their family home. Some children and young people also live with complex disability, significant medical needs, developmental challenges or palliative conditions requiring highly specialised and ongoing support.

In South Australia, where a child or young person is subject to a care order, legal responsibility for decision making rests with the Chief Executive of the Department for Child Protection. However, the person with legal responsibility is not necessarily the person with the greatest day-to-day knowledge of the child’s functioning, progress, behaviours, challenges and changing needs.

Foster and Kinship Carers are responsible for implementing supports in everyday life. They coordinate appointments, support education and community participation, manage equipment

and therapies, administer medications, respond to changing needs and provide the stability and relationships that are essential for children who have experienced trauma and adversity.

In South Australia, volunteer Foster and Kinship Carers provide the 24/7 care for Children and Young People living in Out of Home Care. Despite this essential role, many Carers report they remain unsupported while carrying an unfair and overwhelming financial burden associated with meeting the needs of Children and Young People on behalf of the State Government.

Effective NDIS planning and decision making requires recognition of both statutory responsibility and lived experience. This includes appropriate oversight and decision making by the Chief Executive as legal decision maker, alongside the equally important involvement of Foster and Kinship Carers who provide the child’s daily care and possess the necessary information about the child’s needs, circumstances, progress and changing support requirements.

Despite their essential role, Foster and Kinship Carers do not always have a recognised or meaningful role in decisions affecting the Children and Young People in their care. While they are expected to implement NDIS funded supports, coordinate services and manage the outcomes of decisions made, they often experience barriers to participating in planning discussions, providing information or having concerns appropriately considered.

Carers also report limited avenues to have concerns about these processes independently reviewed or effectively addressed when decisions do not reflect the child’s actual needs or circumstances.

Through my advocacy and consultation with Foster and Kinship Carers across South Australia, a consistent concern has emerged: Carers are frequently expected to coordinate complex disability supports while navigating multiple Government systems, differing organisational requirements and administrative processes. When the knowledge of those providing daily care is not adequately considered, there is a risk that decisions may not accurately reflect the child’s needs, which can affect the timeliness, suitability and effectiveness of supports.

Recognising Foster and Kinship Carers as key participants in disability planning and service coordination is not simply about acknowledging their role. It is about ensuring that decisions are informed by the people who know the child best and who are responsible for implementing those decisions every day.

Meaningful participation by Foster and Kinship Carers has the potential to improve communication, strengthen accountability between agencies, reduce delays, improve outcomes for Children and Young People and support more effective and responsible use of public resources.

As Governments continue to reform the National Disability Insurance Scheme, it is essential that the unique role of Foster and Kinship Carers is recognised within policy, legislation and practice so that Children and Young People living in Out of Home Care receive timely, appropriate and child-centred support.

System Coordination and Shared Responsibility: The Need for Integrated Support for

Children and Young People in Out of Home Care

Children and Young People living in Out of Home Care often require support from multiple Government systems simultaneously. Their needs cannot be effectively addressed by the National Disability Insurance Scheme, child protection, health or education systems operating independently of one another.

For many Children and Young People in Out of Home Care, disability support needs exist alongside the impacts of trauma, disrupted attachments, developmental delay, medical complexity, mental health concerns and educational disadvantage. These needs are interconnected and require coordinated responses that place the child at the centre of decision making.

In South Australia, the Department for Child Protection holds legal responsibility for Children and Young People subject to relevant care orders, while disability supports are delivered through the National Disability Insurance Scheme, health needs are supported through the health system, and educational needs are managed through education providers. Each system has an important role; however, gaps can occur when responsibilities are not clearly coordinated, information is not effectively shared, or decision-making processes are not aligned.

For Children and Young People subject to care orders, the Department for Child Protection has a responsibility to ensure that the child’s safety, wellbeing and best interests remain paramount. This includes ensuring that children’s disability, health, developmental, educational and therapeutic needs are identified, appropriately considered and responded to in a timely manner.

An important consideration for NDIS reform is ensuring that changes to roles and responsibilities between Commonwealth and State systems do not unintentionally result in cost shifting or responsibility gaps. Where responsibility for supporting Children and Young People in Out of Home Care is transferred between systems without corresponding funding, resources, expertise and accountability, there is a risk that children may experience delays, reduced access to supports or unmet needs.

Children and Young People living in Out of Home Care have unique and often complex circumstances that require timely, coordinated and child focused responses. Their disability, health, developmental, therapeutic and wellbeing needs must remain the priority. These children cannot afford to wait while Government systems debate responsibility, funding arrangements or service boundaries.

Foster and Kinship Carers, as unpaid Carers balancing extensive daily responsibilities, are often required to navigate these multiple systems for the Children and Young People in their care, while the Chief Executive retains legal responsibility as guardian and decision maker. They coordinate communication, advocate for appropriate supports and manage the practical implementation of decisions across everyday life.

Through my advocacy and consultation with Foster and Kinship Carers, a recurring concern is that children’s needs can become caught between different systems, with uncertainty regarding responsibility, delays in decision making and challenges accessing timely supports.

Where systems operate separately rather than collaboratively, Children and Young People and those caring for them can experience unnecessary barriers.

The NDIS reforms provide an important opportunity to strengthen coordination between disability, child protection, health and education systems to ensure that Children and Young People living in Out of Home Care receive timely, appropriate and child centred supports. Effective collaboration between the National Disability Insurance Scheme and the Department for Child Protection is particularly essential to achieving positive outcomes for vulnerable children.

Clear accountability, timely decision making, effective information sharing and coordinated planning are necessary to prevent Children and Young People falling between systems, experiencing delays in accessing supports or having their needs insufficiently addressed. Reform must strengthen collaboration between Commonwealth and State systems rather than create uncertainty about responsibility for ensuring vulnerable children receive the supports they need, when they need them.

Improved coordination between these systems also has the potential to reduce duplication, prevent unnecessary delays and support more effective and cost-efficient use of Government resources while ensuring that the best interests of Children and Young People remain central to all decisions.

Impact of Fragmented Systems on Children and Young People in Out of Home Care

The experiences of Children and Young People living in Out of Home Care demonstrate that the effectiveness of NDIS supports cannot be considered separately from the actions and responsibilities of the broader child protection system.

The NDIS plays an important role in providing disability supports; however, positive outcomes for Children and Young People in care also depend on the Department for Child Protection fulfilling its responsibility as the legal decision maker for children subject to care orders, including ensuring that disability, health, developmental, educational and therapeutic needs are identified, appropriately considered and addressed.

Through consultation with Foster and Kinship Carers, The Carer Project has identified recurring concerns that Children and Young People can experience delays, barriers and unmet needs when responsibility between systems is unclear, information is not accurately shared, or decisions are made without adequate understanding of the child’s daily circumstances.

These concerns include:

 delays accessing essential equipment, therapies, assessments, communication supports and modifications;  uncertainty regarding whether responsibility sits with the NDIS, child protection, health or another service system;  decisions being made without sufficient input from the people providing daily care;  inaccurate or incomplete information contributing to delays, additional reviews and reassessment processes;

 repeated administrative processes that do not reflect the changing needs of children as they grow and develop.

Where inaccurate information is provided or important information about a child’s daily functioning and support needs is not adequately considered, this can contribute to lengthy review processes. During these delays, children may remain without essential supports, while previous assessments, reports or equipment recommendations become outdated. This can result in additional costs against a child’s NDIS plan, further administrative burden and unnecessary delays in accessing the services and equipment required to support their safety, development and participation.

For Children and Young People experiencing developmental vulnerability, these delays are not merely administrative issues. A delay in accessing appropriate supports can affect safety, communication, education, development, participation and overall wellbeing.

The Carer Project has consistently heard from Carers who are required to coordinate communication between multiple agencies, follow up unresolved issues and advocate for supports while continuing to provide 24/7 care.

A significant concern raised by Carers is that the system can feel as though it is done to them rather than with them. While the Department for Child Protection holds statutory decision making responsibility, effective decision making requires access to accurate and current information from those who know the child best.

Where decisions affecting a child’s disability supports are made without meaningful involvement from Foster and Kinship Carers, there is a risk that important information about the child’s functioning, behaviours, progress and changing needs may not be adequately considered.

For Children and Young People in Out of Home Care, accountability cannot simply rest on which agency holds formal responsibility. Each system involved must have the capacity, expertise and commitment to ensure that children receive the right support at the right time.

Limited Involvement of Foster and Kinship Carers in NDIS Planning and Decision

Making

Despite Foster and Kinship Carers having the most detailed understanding of a child’s disability, communication, behaviours, health needs, development, progress and functional capacity, many Carers frequently report being excluded from meaningful participation in NDIS planning, reviews and communication processes. Some Carers report being told, either directly or through interactions with professionals involved in decision making, that they are “just the Carer”.

In some cases, NDIS discussions, meetings or decisions occur without the knowledge or involvement of the Carer responsible for the child’s daily care. This creates a risk that decisions are made without the most current understanding of the child’s circumstances, functioning and support requirements.

While the Department for Child Protection holds legal responsibility for decision making for Children and Young People subject to care orders, statutory responsibility does not replace the lived knowledge and daily experience of those providing care.

Effective planning requires both:

 appropriate oversight and decision making by the legal guardian; and  meaningful inclusion of Foster and Kinship Carers who understand the child’s daily needs, progress and changing circumstances.

The Carer Project has consistently heard that Carers can be excluded from processes affecting the Children and Young People they care for, despite being expected to implement supports, coordinate services and manage the outcomes of decisions made.

When the people responsible for a child’s daily care are not meaningfully involved, opportunities can be missed to identify changing needs early, prevent escalation and ensure supports are appropriate, timely and effective.

Delays, Administrative Processes and the Impact on Children

Children and Young People in Out of Home Care often experience significant delays while plans are reviewed, responsibilities are clarified, approvals are sought and administrative processes are completed.

During these delays, children continue to grow and develop. Their needs and circumstances change, and previously completed assessments, reports, equipment quotes and recommendations may no longer accurately reflect their current requirements or may become outdated.

As a result, Carers can be required to repeat processes, obtain new assessments, seek updated quotes and restart applications. This creates additional administrative burden, consumes valuable participant funding and can leave children without essential supports while processes are revisited.

The impact is particularly significant for children requiring equipment, therapies, communication supports, modifications or other interventions essential to their safety, development, education and participation.

The responsibility for navigating these barriers frequently falls to Foster and Kinship Carers. Unlike Government agencies and paid professionals involved in these processes, Carers are unpaid volunteers who dedicate significant personal time advocating, coordinating information, attending meetings and attempting to resolve system barriers while continuing to provide ongoing care for Children and Young People with additional and often complex needs.

A system that relies on unpaid Carers to continually bridge gaps between agencies is not sustainable or equitable. Foster and Kinship Carers should not be required to compensate for failures in communication, coordination or accountability between Government systems.

These challenges also have broader implications for the sustainability of the Foster and Kinship Care system. Many Carers report feeling overwhelmed and unsupported when required to manage increasingly complex needs without adequate communication, recognition or practical support.

Improving NDIS access and coordination for Children and Young People in Out of Home Care is therefore not only essential for better outcomes for children; it is also necessary to retain and support the Foster and Kinship Carers who provide the stable, consistent and relationship-based care these children need.

Supporting family-based care is also critical to reducing unnecessary reliance on more costly and less adequate care arrangements. Where children can safely remain in supported Foster and Kinship Care, this can provide greater stability, continuity and connection while also representing a more effective use of public resources.

NDIS and Child Protection Accountability and Legal Responsibility

Children and Young People living in Out of Home Care are entitled to access the same disability supports and opportunities as other participants in the National Disability Insurance Scheme. As a national scheme, the NDIS has an obligation to ensure that eligible participants, including Children and Young People living in Out of Home Care across Australia, receive reasonable and necessary supports to achieve their goals, participate in their communities and have their disability related needs appropriately addressed.

Effective NDIS reform must also recognise the importance of responsible and accountable use of public resources. Ensuring that responsibilities are clearly defined between Commonwealth and State systems is essential to preventing duplication, gaps in support, unnecessary delays and ineffective use of taxpayer-funded resources.

In South Australia, where Children and Young People are subject to care orders, the Chief Executive of the Department for Child Protection holds legal responsibility for decision making and guardianship responsibilities. This includes ensuring that the child’s safety, wellbeing, development, health, disability, education and therapeutic needs are identified, considered and responded to appropriately, regardless of which Government system is responsible for funding a particular support.

Foster and Kinship Carers provide the daily care that enables Children and Young People to receive and benefit from their supports. They manage appointments, coordinate services, implement recommendations, support the use of equipment and therapies, and provide essential information about the child’s daily functioning and changing needs. Despite these significant responsibilities, Carers do not have legislated decision-making rights or protections that recognise their essential role in these processes. Carers also report that there is no Independent Oversight of the Department for Child Protection or independent complaints mechanism to appropriately review concerns relating to the State’s role, including decisions affecting disability supports, service coordination and the management of NDIS planning for Children and Young People under guardianship.

NDIS reform must ensure that responsibility for Children and Young People living in Out of Home Care is not shifted away from State child protection systems through changes to funding arrangements or service responsibilities. Concerns have been raised by Carers that

where responsibility between systems is unclear, Children and Young People can experience delays, barriers or unmet needs while agencies seek to determine who is responsible.

The Carer Project has received reports from Carers who have experienced delays or difficulties accessing essential equipment, services and supports where responsibility has been disputed between the Department for Child Protection and the NDIS. Carers have reported situations where supports have been pursued through the NDIS despite their understanding that the need should remain the responsibility of the State, and situations where Children and Young People have been unable to access necessary supports because they were considered outside NDIS funding responsibility, while State funding was also not approved.

Any future reform must include clear guidelines outlining the respective responsibilities of Commonwealth and State systems. These guidelines must ensure that funding responsibility disputes do not result in Children and Young People experiencing delays, reduced access to essential supports or being placed at further disadvantage.

The CE of the Department for Child Protection, as the legal guardian and decision maker for Children and Young People subject to care orders in South Australia, must retain accountability for ensuring that the needs of Children and Young People under its guardianship are met. This responsibility cannot depend solely on which system funds a support. Where a child has an identified need, Government systems must work together to ensure that the child receives the right support at the right time.

Supporting Family-Based Care and Reducing Reliance on Residential Care

Family-based care provided by Foster and Kinship Carers remains the preferred and most appropriate care environment for many Children and Young People living in Out of Home Care. Stable and consistent relationships with trusted adults provide safety, connection, belonging and the opportunity to develop the secure attachments that are essential for children who have experienced trauma, abuse, neglect or significant disruption.

Supporting Foster and Kinship Carers with the disability supports, services, resources and practical assistance required to meet the needs of Children and Young People in their care is essential to sustaining these placements. Where Carers are unable to access timely supports, equipment, therapies, respite, assessments or coordinated assistance, there is an increased risk that placements may become difficult to maintain, resulting in further disruption and trauma for both the child and the Carer.

Placement breakdown can have significant emotional and psychological impacts for Children and Young People who have already experienced trauma and disrupted attachments. For Carers, the loss of a child they have cared for and developed a relationship with over many years can also result in significant grief, guilt, distress and feelings of failure, despite their commitment and dedication.

When a child or young person moves from a Foster or Kinship Care placement, Children and Young People may lose connections with the people and communities that have become part of their sense of safety and belonging, including their school, friends, sporting activities, health professionals, extended family networks and relationships with members of the Carer’s family whom they may view as their own family. For children who have already experienced

instability, further disruption can increase trauma, affect attachment and contribute to increased emotional and behavioural needs.

Residential care should not become a substitute for adequately supporting family-based care, nor should it be used as a response to gaps in disability support, poor coordination between systems or a failure to provide Carers with the assistance required to meet a child’s needs.

The placement of Children and Young People into residential care should not be viewed solely as a reflection of a child’s needs or complexity. In some circumstances, placement disruption occurs because the systems surrounding the child have not provided the level of support, coordination and resources required to sustain a safe and stable family-based placement.

In South Australia, there are approximately 700 Children and Young People living in residential care, representing a substantial financial cost to Government, with residential placements estimated to cost between $600,000 and $700,000 per child each year. Supporting safe and sustainable family-based care wherever possible provides greater consistency of care, stronger relationships and connection, and improved long-term outcomes for Children and Young People, while also representing a more effective use of public resources.

NDIS reform must recognise the connection between disability supports, child protection responsibility and the sustainability of family-based care. Ensuring Foster and Kinship Carers can access timely disability supports for Children and Young People in their care is essential to preventing avoidable placement disruption, reducing unnecessary reliance on residential care and ensuring that Children and Young People can grow within safe, stable and connected care environments.

Residential Care and Young People Transitioning from Care

Children and Young People living in residential care have unique circumstances that require specific consideration within NDIS reform. Unlike Foster and Kinship Carers, residential care does not provide the benefit of consistent parenting by adults who develop a deep understanding of a child’s disability, communication, behaviours, health, routines, goals and changing support needs over many years.

Residential care staff play an important role in supporting Children and Young People; however, they work within a rostered workforce where carers regularly change. While records and case files provide important information, they cannot replace the knowledge gained through consistent parenting, daily interaction and trusted relationships. A child’s disability, communication, behaviours, emotional regulation, strengths and changing support needs are often best understood through lived experience and ongoing care rather than documentation alone. This can make it more difficult to provide the continuity of knowledge, advocacy and informed decision making that is essential for effective NDIS planning, implementation and review. Through my advocacy, residential care workers have also shared with me concerns that some Children and Young People do not have current NDIS plans, experience delays accessing reviews, equipment or supports, or have disability needs that are not being adequately identified or addressed.

These concerns reinforce the importance of ensuring that Children and Young People living in residential care are not overlooked within NDIS reform. As the legal guardian for Children

and Young People subject to care orders, the CE has an ongoing responsibility to ensure that every child has appropriate disability assessments, current NDIS plans where eligible, timely reviews, access to necessary equipment, therapies and supports, and opportunities to participate safely in education, community life and activities that promote independence and wellbeing.

The challenges experienced by Children and Young People living in residential care also demonstrate the importance of reducing unnecessary reliance on residential care. However, where residential care is required, strong accountability, regular oversight and clear standards must ensure that disability supports are proactively identified, coordinated and implemented, and that Children and Young People receive the same opportunities to achieve their goals and maximise their independence as every other NDIS participant.

Children and Young People approaching the transition from care at 18 years of age require particular attention. Many continue to live with disability, developmental trauma, complex health needs or psychosocial disability while simultaneously navigating the loss of statutory care, housing, education, employment and adult service systems. Transition planning should commence well before a young person leaves care to ensure comprehensive and up to date NDIS plans are in place, continuity of supports is maintained, stable accommodation is secured and coordinated services are in place, and the young person understands what supports are available, who is responsible for delivering them and who to contact once they are no longer under the guardianship of the Chief Executive. Consideration should also be given to dedicated NDIA transition coordinators or specialist contact officers for young people leaving care to assist them in navigating the transition to adulthood and maintaining continuity of disability supports.

Genuine Consultation, Lived Experience and Independent Advocacy

Meaningful reform depends upon genuine consultation with the people who are directly affected by Government policy and legislation. Throughout my advocacy, I have consistently observed that consultation regarding Children and Young People living in Out of Home Care is often undertaken through funded organisations, representative bodies and service providers rather than directly with Foster and Kinship Carers, Children and Young People, people with disability and independent advocates

While representative organisations have an important role within the sector, they cannot replace direct engagement with those providing day-to-day care or with people who have lived experience of navigating the systems being reformed. Foster and Kinship Carers, people with disability, participants and independent advocates often identify practical issues and unintended consequences that are not otherwise visible through organisational consultation processes.

Independent advocates and volunteer Carers provide an important perspective because they are not delivering Government-funded services and do not have a commercial or contractual interest in the outcomes of policy decisions. Their contribution is motivated by improving outcomes for Children and Young People rather than organisational priorities.

The development of effective NDIS reform requires consultation processes that are transparent, inclusive and representative. Government should not rely solely on consultation with funded organisations or peak bodies when designing reforms that directly affect Children and Young People living in Out of Home Care. Direct engagement with Foster, Kinship and Relative Carers, people with disability, families and independent advocates is essential to ensuring that policy reflects the realities experienced by those most affected.

Through The Carer Project, I encouraged Foster and Kinship Carers to make submissions to this Inquiry and share their lived experience directly with the Committee. While some may have done so, many reported fearing repercussions for speaking openly about their experiences. Others described feeling exhausted and disillusioned after participating in numerous consultations, reviews and submission processes over many years without seeing meaningful change. Some expressed the view that these processes had become so frequent and unproductive that they felt they were designed to exhaust Carers rather than genuinely listen to them. These responses reinforce the importance of consultation processes that are not only accessible, but that genuinely value lived experience, encourage participation without fear, and demonstrate that the evidence provided is meaningfully considered in shaping future reform.

Transparency, Accountability and Independent Oversight

Effective reform requires strong transparency, accountability and independent oversight, particularly where Government systems hold responsibility for vulnerable Children and Young People.

Through The Carer Project, Foster and Kinship Carers have consistently raised concerns that there are insufficient independent avenues to challenge decisions, failures to act or poor outcomes where NDIS processes intersect with child protection responsibilities Carers report that existing complaint and review pathways can be perceived as biased, complex, slow and ineffective, particularly when urgent issues affecting a child’s safety, development, access to essential supports or wellbeing require timely resolution.

In South Australia, the Chief Executive of the Department for Child Protection holds legal guardianship and decision-making responsibility for Children and Young People subject to care orders. Carers have raised concerns about the lack of independent oversight where decisions made by the Department are challenged, particularly where the Department is responsible for responding to concerns about its own actions, decisions or failures. Some Carers report fear of repercussions for speaking up or raising complaints. This creates a system where accountability can be difficult to achieve and where the very children the system is intended to protect may remain without adequate resolution.

Hundreds of South Australian Carers have advocated for Independent Oversight of the Department, supported by an Independent Complaints and Investigation Mechanism and an Independent Carer Advocate, yet these concerns remain unresolved.

Carers have reported limited assistance from the department for Child Protection when navigating NDIS-related complaints and report that complaint processes, including those relating to NDIS decision making and implementation, have not always resulted in meaningful investigation, timely outcomes or appropriate accountability. Some Carers have reported that serious complaints have been redirected between complaint pathways, including

between agencies, without effective resolution or a clear determination of responsibility. This has contributed to concerns that serious issues may remain unresolved and that individuals or providers subject to serious complaints may continue operating within the sector without appropriate review or action.

Concerns reported by Carers have included alleged provider misconduct, failures in service delivery, poor implementation of NDIS plans, overcharging, inadequate communication, disputes regarding responsibility for supports, and situations where delays or failures to act have impacted the safety, wellbeing and access to essential supports for Children and Young People. Allegations involving fraud, misuse of public funding, unsafe practices, serious service failures or risks to Children and Young People must be capable of timely, independent and transparent investigation.

Carers also report that concerns relating to the Department for Child Protection are frequently referred to the Ombudsman as the primary external complaint mechanism. However, many Foster and Kinship Carers have consistently expressed the view that the Ombudsman has not provided an effective avenue for resolving complaints relating to Children and Young People living in Out of Home Care. Carers report that investigations can be lengthy, that the Ombudsman often relies heavily on information provided by the Department, and that the lived experience and evidence of Carers is not always given appropriate consideration. Carers have also raised concerns that, because the Ombudsman exercises discretion in determining whether a complaint warrants investigation or is in the public interest, serious concerns affecting Children and Young People living in State care may not receive independent review. Given that these Children and Young People are under the legal guardianship of the State and supported through public funding, many Carers believe that concerns regarding their safety, wellbeing, rights and care should, be regarded as matters of significant public interest and be subject to independent investigation.

Public confidence in both the National Disability Insurance Scheme and child protection systems depends upon clear accountability, transparency and independent oversight. This is particularly important where Government is acting as legal guardian for Children and Young People who are dependent on the systems around them to protect their safety, rights and wellbeing.

Recommendations / Proposed Reforms

The Senate Standing Committees on Community Affairs should consider the following recommendations as part of future NDIS reform:

Recognise Children and Young People living in Out of Home Care as a distinct cohort within the National Disability Insurance Scheme whose unique circumstances require specific consideration within legislation, policy and practice.
Ensure future NDIS reform is informed through genuine consultation with Children and Young People, people with disability, parents, Foster and Kinship Carers, independent advocates and others with lived experience.
Recognise lived experience as essential evidence in policy development and reform. Consultation must include direct engagement with Children and Young People, people with disability, parents, Foster and Kinship Carers and independent advocates, and must not be prioritised through, or rely predominantly on, peak bodies, funded organisations or service providers.

Establish meaningful participation rights for Foster and Kinship Carers throughout NDIS planning, implementation, reviews and decision making for Children and Young People living in Out of Home Care.
Require Foster and Kinship Carer participation to be documented as part of all NDIS planning and review processes, including a signed acknowledgement from the Carer confirming they were provided with a genuine opportunity to participate and contribute before decisions were made.
Implement direct two-way information sharing between the NDIA, the Department for Child Protection and Foster and Kinship Carers to ensure those responsible for a child’s daily care can both provide and receive timely, accurate and relevant information regarding NDIS plans, reviews, services, appointments and decisions.
Establish dedicated NDIA staff or specialist teams to support NDIS planning, reviews and coordination across Commonwealth and State Government systems for Children and Young People living in Out of Home Care.
Provide Foster and Kinship Carers with direct access to dedicated NDIA contact officers or specialist support pathways to assist them in navigating NDIS processes for the Children and Young People in their care.
Clearly define Commonwealth and State responsibilities to prevent cost shifting, funding disputes, duplication and delays in access to disability supports.
Ensure the Department for Child Protection meets the needs of Children and Young People under its guardianship, regardless of which Government system ultimately funds a particular support, and ensure children are never disadvantaged while responsibility for funding is being determined.
Ensure that, where the Government and the Chief Executive of the Department for Child Protection are acting as the legal guardian of Children and Young People living in Out of Home Care, on behalf of the State, they are held accountable for fulfilling their parental responsibilities and ensuring children receive the disability supports, services and opportunities necessary to meet their identified needs, regardless of which Government agency ultimately funds those supports.
Ensure the Commonwealth and States maintain clear accountability for fulfilling their respective responsibilities so that Children and Young People are never disadvantaged by disputes regarding funding or service responsibility.
Establish independent complaints, investigation and review mechanisms that operate separately from both the NDIA and State child protection authorities for matters involving the intersection of the NDIS and child protection.
Strengthen transparency, accountability and independent oversight where Government is acting as the legal guardian for vulnerable Children and Young People.
Ensure allegations of fraud, misuse of public funding, provider misconduct, unsafe practices and serious failures affecting Children and Young People living in Out of Home Care are subject to timely, transparent and independent investigation.
Improve safeguards to prevent unreasonable fee inflation and inappropriate charging practices where providers become aware that participants have access to NDIS funding.
Ensure Children and Young People whose developmental trauma, abuse, neglect or disrupted attachment results in disability or significant functional impairment have equitable access to appropriate therapeutic supports, services and equipment.
Improve coordination between disability, child protection, health, education and other Government systems through shared planning with Foster and Kinship Carers, timely information sharing and clear accountability.

Recognise that adequately supporting Foster and Kinship Carers is fundamental to meeting the needs of Children and Young People living in Out of Home Care and sustaining safe, stable and therapeutic family-based care.
Strengthen practical supports available to Foster and Kinship Carers, including timely access to disability supports, respite, information, training and coordinated services, to reduce placement disruption and unnecessary reliance on residential care.
Ensure Children and Young People living in residential care receive timely disability assessments, current NDIS plans, regular reviews, necessary equipment, therapies and supports, with ongoing monitoring to ensure these needs continue to be met.
Develop clear standards and accountability measures for identifying, implementing, monitoring and reviewing disability supports for Children and Young People living in residential care.
Strengthen transition planning for Young People leaving care by ensuring comprehensive NDIS planning, coordinated service delivery, continuity of supports and dedicated transition assistance before they turn 18 years of age.
Continue to monitor the impact of NDIS reform on Children and Young People living in Out of Home Care through ongoing consultation with Foster and Kinship Carers, independent advocates and people with lived experience.
Require transition planning for Children and Young People living in Out of Home Care to commence sufficiently early to ensure disability assessments, NDIS eligibility, planning, housing, health, education, employment and community supports are coordinated well before they leave care.

Conclusion

Children and Young People living in Out of Home Care must not become an overlooked cohort within NDIS reform. These Children and Young People often experience some of the greatest levels of vulnerability, living with disability alongside the impacts of trauma, abuse, neglect, disrupted attachments and complex support needs. They require systems that work together, clear accountability and decisions informed by those who understand their needs best.

Effective reform must recognise that Children and Young People living in Out of Home Care are not simply NDIS participants or child protection placements. They are children whose safety, development, disability, health, education and wellbeing depend upon coordinated action across multiple Government systems and meaningful involvement from those providing their daily care.

Foster and Kinship Carers play an essential role in supporting these Children and Young People. Their lived experience, knowledge and advocacy should be recognised as essential evidence in shaping reform. Unlike funded organisations or service providers, they provide unpaid care and share their knowledge solely to improve outcomes for the Children and Young People they support.

The NDIS reforms present an important opportunity to strengthen outcomes for vulnerable Children and Young People, but this will only be achieved through transparent, accountable reform that is genuinely informed by Children and Young People, people with disability, parents, Foster and Kinship Carers, and independent advocates with lived experience.

Children and Young People living in Out of Home Care cannot afford further delays, unclear responsibility or systems that operate separately from one another. Their needs must remain at the centre of all decisions, with clear accountability to ensure they receive the right supports, at the right time, from the right system.

I respectfully encourage the Senate Standing Committees on Community Affairs to consider the experiences and recommendations outlined in this submission and to ensure that future NDIS reform strengthens protections, improves coordination and delivers better outcomes for Children and Young People living in Out of Home Care.

Children and Young People living in Out of Home Care only have one childhood. They cannot recover the opportunities lost through delayed decisions, fragmented systems or failures to meet their identified needs. Where the Government, or the Chief Executive acting as the legal guardian, assumes the role of a parent, it must also accept the responsibilities of a parent by ensuring these Children and Young People receive the care, supports and opportunities they need when they need them, not years later, if at all, after those opportunities have passed.

I provide permission for members of the Senate Standing Committees on Community Affairs to contact me directly should they have any questions or wish to seek further information regarding any matters raised in this submission, including issues affecting Children and Young People living in Out of Home Care, residential care, Foster and Kinship Carers, people with lived experience, or Government and funded service systems.