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FACS Powers:

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The Department of Family & Community Services (“FACS”) is a government department established to protect those within the community who are vulnerable or at risk.

Areas of particular focus for FACS include:

  • Protecting children from abuse and neglect;
  • Improving opportunities for those with disabilities;
  • Improving opportunities for Indigenous people;
  • Protecting victims of domestic violence.

FACS receives the greatest public recognition and scrutiny, for its role in assessing the risk of a child to abuse or neglect.

FACS receives reports of alleged abuse or neglect by members of the public and through mandatory reporting procedures, such as reports from those who directly work with the child and suspect they are at risk of harm.

Upon receiving a report, FACS will investigate the allegations to determine whether the child is at risk. During the investigation process FACS they may visit the and undertake enquiries with others who have contact with the family.

If FACS is concerned about the safety of a child, FACS can:

  • Remove the child from their family/ guardian or a premises of risk and seek an emergency care and protection order from the Children’s Court.
  • Make an application to the Children’s Court for an assessment order. An assessment order requires the child and their primary carer to be medically examined;
  • Make an application for a parent capacity order which requires a parent to partake in a program, course or treatment designed to improve their parenting skills;
  • Make an application to the Children’s Court for any other care order. A care order is a Court order which regulates the care and protection provided for a child or young person.

If you are being investigated by FACS or are presently involved in Children’s Court proceedings concerning your children, we recommend that you contact our office and arrange an appointment to see one of our Children & Young Persons Law Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at an office. For a complete listing of our offices, please see our "Locations" tab.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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