Care and protection orders
Care and protection orders are legal orders or arrangements that give child protection departments varying levels of responsibility for a child’s welfare. Children can be placed on care and protection orders for various reasons, including:
- having been seriously harmed
- being at risk or significant risk of harm
- having no other care options.
The 3 main categories of legal responsibility conferred by care and protection orders include arrangements where:
- parents retain legal responsibility
- departments are given legal responsibility
- nominated carers are given legal responsibility.
Refer to the Care and protection orders section of Child protection Australia 2022–23: Insights and Appendices for more information.
How many children were on care and protection orders?
Across Australia, as of 30 June 2023, around 24,900 Aboriginal and Torres Strait Islander children were subject to a care and protection order. Children aged 10–14 years had the highest number of children on care and protection orders (33% or 8,100 children) followed by children aged 5–9 years (29% or 7,100 children).
Source: CPA 2022–2023: Insights, data table S4.7
In 2021–22*, 23% (3,500) of Aboriginal and Torres Strait Islander children who were the subject of a substantiation assessment were placed on a care and protection order within 12 months of the substantiation.
Source: CPA 2022–23: Insights, data table S4.2
Over the 2022–23 reporting period, around 4,100 Aboriginal and Torres Strait Islander children were discharged from their care and protection orders. Of these:
- 24% (990 children) had been continuously subject to an order for 8 years or more.
- 22% (890 children) were continuously subject to an order between 2 and 4 years.
Source: CPA 2022–23: Insights, data table S4.4
The most common care and protection orders made with respect to Aboriginal and Torres Strait Islander children at 30 June 2023 were finalised guardianship orders (70% or 17,300 children). Under finalised guardianship orders, the day-to-day responsibility of the child is given to a child protection department nominated carer.
The second most common care and protection order made with respect to Aboriginal and Torres Strait Islander children were third-party parental responsibility orders (15% or 3,800 children). In these orders, both the day-to-day responsibility and legal responsibility of the child is given to nominated carers approved by the Court (Figure 3).
Source: CPA 2022–23: Insights, data table S4.10
Figure 3: Aboriginal and Torres Strait Islander children, by type of care and protection order
Interactive bar charts showing the number and per cent of Aboriginal and Torres Strait Islander children who were on a care and protection order (CPO) at 30 June 2023, by type of CPO.
Has the number of children on care and protection orders changed over time?
Between 2019 and 2023, the rate of Aboriginal and Torres Strait Islander children on care and protection orders increased from 66 per 1,000 to 72 per 1,000. In 2023, the rate of Aboriginal and Torres Strait Islander children on a care and protection order was 10.9 times the rate of non-Indigenous children, an increase from 9.4 times the rate 2019.*
Source: CPA 2022–23: Insights, data table T2
*These data use the Australian Bureau of Statistics' June 2023 update of estimated resident population data based on the 2016 ABS Census of Population and Housing.