sec.138COther amendment of provisional certificate by the chief executive

### sec.138C Other amendment of provisional certificate by the chief executive This section applies to a certificate of approval as a provisionally approved carer. The chief executive may amend the certificate at any time if— the holder agrees to the amendment; or the chief executive considers it is necessary or desirable because— the holder is not meeting the standards required under the certificate or a condition of the certificate; or the holder has contravened a provision of this Act; or the certificate was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or the chief executive has obtained further information relating to the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; or of another circumstance prescribed under a regulation. If the chief executive decides to amend the certificate under subsection (2) (b) , the chief executive must give the holder a written notice stating— the amendment; and the reasons for the decision to make the amendment. This section does not apply to an amendment of the certificate to extend its expiry day. s 138C ins 2005 No. 40 s 44 (sec.138C-ssec.1) This section applies to a certificate of approval as a provisionally approved carer. (sec.138C-ssec.2) The chief executive may amend the certificate at any time if— the holder agrees to the amendment; or the chief executive considers it is necessary or desirable because— the holder is not meeting the standards required under the certificate or a condition of the certificate; or the holder has contravened a provision of this Act; or the certificate was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or the chief executive has obtained further information relating to the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; or of another circumstance prescribed under a regulation. (sec.138C-ssec.3) If the chief executive decides to amend the certificate under subsection (2) (b) , the chief executive must give the holder a written notice stating— the amendment; and the reasons for the decision to make the amendment. (sec.138C-ssec.4) This section does not apply to an amendment of the certificate to extend its expiry day. - (a) the holder agrees to the amendment; or - (b) the chief executive considers it is necessary or desirable because— (i) the holder is not meeting the standards required under the certificate or a condition of the certificate; or (ii) the holder has contravened a provision of this Act; or (iii) the certificate was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or (iv) the chief executive has obtained further information relating to the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; or (v) of another circumstance prescribed under a regulation. - (i) the holder is not meeting the standards required under the certificate or a condition of the certificate; or - (ii) the holder has contravened a provision of this Act; or - (iii) the certificate was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or - (iv) the chief executive has obtained further information relating to the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; or - (v) of another circumstance prescribed under a regulation. - (i) the holder is not meeting the standards required under the certificate or a condition of the certificate; or - (ii) the holder has contravened a provision of this Act; or - (iii) the certificate was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or - (iv) the chief executive has obtained further information relating to the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; or - (v) of another circumstance prescribed under a regulation. - (a) the amendment; and - (b) the reasons for the decision to make the amendment.