QLDIn ForceAct
Child Protection Act 1999
sec.126Restrictions on granting application
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### sec.126 Restrictions on granting application
The chief executive must not grant the application unless the chief executive is satisfied—
the applicant is a suitable entity to provide care services; and
the following persons are suitable persons—
the directors of the applicant;
the nominee for the licence;
the persons who will be, or are, responsible for directly managing a care service the subject of the application;
the persons who will be, or are, performing risk-assessed roles for a care service the subject of the application; and
each person mentioned in paragraph (b) (i) or (ii) holds a working with children authority; and
the applicant will comply with the Working with Children Check Act 2000 , chapter 7 , in carrying on a regulated business or employing persons in regulated employment under that Act; and
the standard of care provided complies, and will continue to comply, with the statement of standards; and
methods for the selection, training and management of people engaged in providing the services are suitable; and
the applicant’s primary function is a function relating to the care of children in need of protection who are in the custody or guardianship of the chief executive; and
any accommodation provided by the applicant to children in need of protection is, and will continue to be, at a place that the applicant has a suitable right to occupy.
residential premises leased, rented or owned by the applicant
a motel room booked by the applicant
s 126 amd 2003 No. 57 s 39 (1) sch 3 ; 2006 No. 17 s 5 ; 2010 No. 5 s 25 ; 2010 No. 33 s 59 ; 2014 No. 28 s 9 ; 2019 No. 18 s 86 (2) sch 2 ; 2022 No. 7 ss 40, 132 sch 1 ; 2024 No. 49 s 130 (2) sch 4 pt 2
- (a) the applicant is a suitable entity to provide care services; and
- (b) the following persons are suitable persons— (i) the directors of the applicant; (ii) the nominee for the licence; (iii) the persons who will be, or are, responsible for directly managing a care service the subject of the application; (iv) the persons who will be, or are, performing risk-assessed roles for a care service the subject of the application; and
- (i) the directors of the applicant;
- (ii) the nominee for the licence;
- (iii) the persons who will be, or are, responsible for directly managing a care service the subject of the application;
- (iv) the persons who will be, or are, performing risk-assessed roles for a care service the subject of the application; and
- (c) each person mentioned in paragraph (b) (i) or (ii) holds a working with children authority; and
- (d) the applicant will comply with the Working with Children Check Act 2000 , chapter 7 , in carrying on a regulated business or employing persons in regulated employment under that Act; and
- (e) the standard of care provided complies, and will continue to comply, with the statement of standards; and
- (f) methods for the selection, training and management of people engaged in providing the services are suitable; and
- (g) the applicant’s primary function is a function relating to the care of children in need of protection who are in the custody or guardianship of the chief executive; and
- (h) any accommodation provided by the applicant to children in need of protection is, and will continue to be, at a place that the applicant has a suitable right to occupy. Example of a place that an applicant has a suitable right to occupy— residential premises leased, rented or owned by the applicant Example of a place that an applicant does not have a suitable right to occupy— a motel room booked by the applicant
- (i) the directors of the applicant;
- (ii) the nominee for the licence;
- (iii) the persons who will be, or are, responsible for directly managing a care service the subject of the application;
- (iv) the persons who will be, or are, performing risk-assessed roles for a care service the subject of the application; and