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Every child and young person has rights. The United Nations Convention on the Rights of the Child is a human rights treaty containing 54 articles that outline the rights of every young person up to the age of 18. You can find a simplified version of the United Nations Convention on the Rights of the Child here. Save the Children have developed a great booklet containing the rights and responsibilities of children, which can be accessed here.
The Australian Government also has its own set of expectations for how young people should be treated. These are the National Standards, and they include areas that are important to the wellbeing of all children and young people in care. These areas include things like participation, education, health, being connected to family and more. These areas have standards attached to them which set out the kind of treatment and support that a child or young person should expect when they are in care. Each standard also has guidelines on how it can be measured to make sure young people are receiving the care they deserve.
Each state and territory has a Charter of Rights for children and young people in care- these charters state the rights you have as a young person in care in that state and territory – take a look below to see the right information for where you live.
In Queensland, children and young people have legally binding rights to be safe and healthy, be themselves, have a voice and be heard, and to learn and/or earn. There are some great resources and videos on this website about your rights and there are also some specific information guidebooks that the Government made to help you understand and uphold your rights in care for children and young people.
Office of public guardian: https://www.publicguardian.qld.gov.au/i-am-a-child-or-young-person/know-your-rights/your-rights
My rights in care: https://youtu.be/aTD_81uz2-M
Children and young people in care in NSW have rights and everyone involved in their care has to make sure these rights are respected. Your rights include the right to be told why you are in care and to keep a record of your time in care. You also have the right to keep in touch with people who are important to you and the right to be involved in planning for your future. Your rights are protected by the law in NSW.
If you are aged between 7 and 12 you can learn more about your rights here, if you are aged between 13 and 17 you can learn more about your rights here.
There are lots of great videos on the Family and Community Services website explaining the Charter of Rights, here’s an example of one:
The ACT Charter of Rights sets out what children and young people can expect from the people who are caring for them or working with them while they’re in out-of-home care. You can take a look at the Charter of Rights here.
You’ll also find information on this page about how to make a complaint when things aren’t right.
In Victoria, children and young people have legally binding rights to be safe and feel safe, get a great education, have a voice and be heard, and to be treated with respect. This is a great website about your rights and there are also some specific informational guides that the Government and the Commissioner for Children and Young People made to help you understand and uphold your rights in care.
Beyond that, there are some great videos you can watch to help you understand your rights here:
Each child or young person in Tasmania has rights. Some examples of your rights include the right to be treated fairly and with respect and the right to be heard and listened to in meetings with your caseworker. The Tasmanian Commission for Children and Young People has produced some great resources to help children and young people in care to learn about their rights, check out the TAS Charter of Rights Poster and the TAS Charter of Rights Flipbook
Charter of Rights
CREATE in the NT was delighted when the Charter of Rights was released for young people in out of home care. CREATE were involved in helping figure out what rights were important for young people. There an awesome booklet that explains their rights and CREATE did lots of training with case workers about why it’s important that young people know about their rights. It’s case workers job to ensure you have a book and know who you can contact if you need help. CREATE always here to help explain it as well as we think it’s so important.
Check out these resources about the charter of rights:
Click here to download a Charter of Rights booklet
Click here to download a Charter of Rights poster
All children and young people have rights. Rights for children and young people in care in Western Australia include the right to keep in touch with friends and family whenever possible and the right to keep your personal belongings in a safe place. Check out the specific rights resources for children and young people of different ages to help them learn about their rights and stand up for themselves:
0-6yo https://www.wa.gov.au/system/files/2021-06/Charter-Of-Rights-0-to-6.pdf
7-12yo https://www.wa.gov.au/system/files/2021-06/Charter-Of-Rights-7-to-12.pdf
13-18yo https://www.wa.gov.au/system/files/2021-06/Charter-Of-Rights-13-to-18.pdf
Poster https://www.wa.gov.au/system/files/2021-11/Charter-Of-Rights-Poster.pdf
Charter of Rights: https://www.wa.gov.au/government/publications/charter-of-rights-children-and-young-people-care
The Charter of Rights for Children and Young People in Care in South Australia explains rights of children and young people who are under the guardianship or in the custody of the Minister for Education and Child Development. You can learn more about what the charter says here.
The South Australian Parliament has made a law that says any person involved with children in care, such as a social worker or a carer, must know about the charter and seek to make sure all children and young people in care have the rights that are outlined in the charter. The charter is promoted and monitored by the Office of the Guardian for Children and Young People.
CREATE and the SA Office of the Guardian has partnered to make resources to help children and young people in residential care speak up issues that concern them.
There’s the Post Incident Reflection Form developed with input from young people in residential care to help children and young people have their say after incidents occur .
Also available is a set of posters, brochures and two videos which tell children and young people in residential care about their rights and ways to address issues.
Click here to download the brochure for children under 12
Click here to download the brochure for young people 12 and above
Click here to download the poster for children under 12
Click here to download the poster for young people 12 and above
Check out the videos below!
Safe and Supported was developed by the Australian Government and state and territory governments in partnership with SNAICC and the Aboriginal and Torres Strait Islander Leadership Group, and launched in December 2021.
It sets out a 10-year strategy to improve the lives of children, young people and families experiencing disadvantage or who are vulnerable to abuse and neglect. Children and young people with a care experience are a priority cohort under the Framework.
The First Action Plan 2023–2026 commits to:
The Aboriginal and Torres Strait Islander First Action Plan 2023-2026 commits to:
Safe and Supported and the Aboriginal and Torres Strait Islander First Action Plan will be the key mechanisms for the Australian Government in responding to Closing the Gap Target 12, which aims to reduce the rate of over-representation of Aboriginal and Torres Strait Islander children in out-of-home
care by 45% by 2031.
One of the guiding principles underpinning Safe and Supported is to listen and respond to the voices and views of young people and their views. Use your voice to help create a better system by joining clubCREATE! Email clubcreate@create.org.au to sign up.
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This website was built in consultation with children and young people with a care experience. Thank you to all the young people involved in providing feedback and sharing your insights throughout this process.
CREATE acknowledges the Traditional Owners of lands across Australia. We pay respects to Traditional Owners and Elders, past and present. We celebrate culture and community and we celebrate Aboriginal and Torres Strait Islander children and young people.
National Office – Sydney
Suite 6.01, Level 6, 80 George St
PARRAMATTA NSW 2150
Phone: (02) 9267 1999
Email: create@create.org.au
ABN 69 088 075 058
