QLDIn ForceAct
Child Protection Act 1999
sec.135Restrictions on granting application
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### sec.135 Restrictions on granting application
The chief executive must not grant an application for, or to renew, a certificate unless the chief executive is satisfied of the following matters—
for a foster carer certificate—
the applicant is a suitable person to be an approved foster carer; and
all members of the applicant’s household are suitable persons to associate on a daily basis with children; and
the applicant and each adult member of the applicant’s household hold a working with children authority; and
the applicant is able to meet the standards of care in the statement of standards; and
the applicant is able to help in appropriate ways towards achieving plans for the protection of a child placed in the carer’s care;
for a kinship carer certificate—
the applicant is kin to the child to whom the approval relates; and
the applicant is a suitable person to be an approved kinship carer for the child; and
all members of the applicant’s household are suitable persons to associate on a daily basis with the child; and
the applicant and each adult member of the applicant’s household hold a working with children authority; and
the applicant is able to meet the standards of care in the statement of standards; and
the applicant is able to help in appropriate ways towards achieving plans for the child’s protection.
However, subsection (1) (b) (ii) to (v) does not apply if the applicant is an approved kinship carer for 1 or more other children.
In this section—
adult member , of an applicant’s household, means a person who is an adult member of the household both at the time when the application is made and when it is decided.
s 135 sub 2005 No. 40 s 38 (amd 2006 No. 17 s 19 (3) – (8) )
amd 2010 No. 5 s 30 ; 2019 No. 18 s 86 (2) sch 2 ; 2022 No. 7 ss 43 , 132 sch 1
amd 2024 No. 50 s 4 (uncommenced amendment)
(sec.135-ssec.1) The chief executive must not grant an application for, or to renew, a certificate unless the chief executive is satisfied of the following matters— for a foster carer certificate— the applicant is a suitable person to be an approved foster carer; and all members of the applicant’s household are suitable persons to associate on a daily basis with children; and the applicant and each adult member of the applicant’s household hold a working with children authority; and the applicant is able to meet the standards of care in the statement of standards; and the applicant is able to help in appropriate ways towards achieving plans for the protection of a child placed in the carer’s care; for a kinship carer certificate— the applicant is kin to the child to whom the approval relates; and the applicant is a suitable person to be an approved kinship carer for the child; and all members of the applicant’s household are suitable persons to associate on a daily basis with the child; and the applicant and each adult member of the applicant’s household hold a working with children authority; and the applicant is able to meet the standards of care in the statement of standards; and the applicant is able to help in appropriate ways towards achieving plans for the child’s protection.
(sec.135-ssec.2) However, subsection (1) (b) (ii) to (v) does not apply if the applicant is an approved kinship carer for 1 or more other children.
(sec.135-ssec.3) In this section— adult member , of an applicant’s household, means a person who is an adult member of the household both at the time when the application is made and when it is decided.
- (a) for a foster carer certificate— (i) the applicant is a suitable person to be an approved foster carer; and (ii) all members of the applicant’s household are suitable persons to associate on a daily basis with children; and (iii) the applicant and each adult member of the applicant’s household hold a working with children authority; and (iv) the applicant is able to meet the standards of care in the statement of standards; and (v) the applicant is able to help in appropriate ways towards achieving plans for the protection of a child placed in the carer’s care;
- (i) the applicant is a suitable person to be an approved foster carer; and
- (ii) all members of the applicant’s household are suitable persons to associate on a daily basis with children; and
- (iii) the applicant and each adult member of the applicant’s household hold a working with children authority; and
- (iv) the applicant is able to meet the standards of care in the statement of standards; and
- (v) the applicant is able to help in appropriate ways towards achieving plans for the protection of a child placed in the carer’s care;
- (b) for a kinship carer certificate— (i) the applicant is kin to the child to whom the approval relates; and (ii) the applicant is a suitable person to be an approved kinship carer for the child; and (iii) all members of the applicant’s household are suitable persons to associate on a daily basis with the child; and (iv) the applicant and each adult member of the applicant’s household hold a working with children authority; and (v) the applicant is able to meet the standards of care in the statement of standards; and (vi) the applicant is able to help in appropriate ways towards achieving plans for the child’s protection.
- (i) the applicant is kin to the child to whom the approval relates; and
- (ii) the applicant is a suitable person to be an approved kinship carer for the child; and
- (iii) all members of the applicant’s household are suitable persons to associate on a daily basis with the child; and
- (iv) the applicant and each adult member of the applicant’s household hold a working with children authority; and
- (v) the applicant is able to meet the standards of care in the statement of standards; and
- (vi) the applicant is able to help in appropriate ways towards achieving plans for the child’s protection.
- (i) the applicant is a suitable person to be an approved foster carer; and
- (ii) all members of the applicant’s household are suitable persons to associate on a daily basis with children; and
- (iii) the applicant and each adult member of the applicant’s household hold a working with children authority; and
- (iv) the applicant is able to meet the standards of care in the statement of standards; and
- (v) the applicant is able to help in appropriate ways towards achieving plans for the protection of a child placed in the carer’s care;
- (i) the applicant is kin to the child to whom the approval relates; and
- (ii) the applicant is a suitable person to be an approved kinship carer for the child; and
- (iii) all members of the applicant’s household are suitable persons to associate on a daily basis with the child; and
- (iv) the applicant and each adult member of the applicant’s household hold a working with children authority; and
- (v) the applicant is able to meet the standards of care in the statement of standards; and
- (vi) the applicant is able to help in appropriate ways towards achieving plans for the child’s protection.