Checklist · Child Protection & Care Proceedings

Permanent placement options table (NSW s 10A hierarchy)

Table of the permanent placement hierarchy in section 10A, with a row for each option and the reason it is or is not practicable and in the child's best interests.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and New South Wales.
Version
1
Source
Written for this library

When to use it

Use when a long-term placement is being considered after removal, including when restoration is not the Secretary's assessment. It records options. It does not choose the placement.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list people already named in the file as possible carers. The lawyer applies the hierarchy and decides what is practicable and in the child's best interests.

AI may

  • List relatives, kin and other people named in the material, with the source of each name
  • Mark which statutory preference each name might sit under, as a hypothesis for the lawyer
  • Flag that adoption is not the next preference for an Aboriginal or Torres Strait Islander child

AI must not

  • Must not rank the options or recommend a carer
  • Must not state what is in the child's best interests
  • Must not describe sections 8, 9, 79, 153 or 161 beyond the cross-references in s 10A

The lawyer checks

  • The hierarchy is applied subject to sections 8 and 9, which s 10A(2) names and which are read before the table is used
  • Each earlier preference is addressed before a later one is treated as the proposal
  • For an Aboriginal or Torres Strait Islander child, paragraph (c) does not apply and paragraph (e) places adoption last, after paragraphs (a), (b), (b1) and (d)
  • "Parent" for restoration is the parent within the meaning of s 83, as s 10A(3)(a) states

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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