sec.139Authority may be suspended or cancelled

### sec.139 Authority may be suspended or cancelled The chief executive may suspend or cancel an authority on the following grounds— if the authority is a licence—a relevant person, for the licence, is not a suitable person; if the authority is a certificate of approval as an approved foster carer— the holder of the certificate is not a suitable person to be an approved foster carer; or a member of the holder’s household is not a suitable person to associate on a daily basis with children; if the authority is a certificate of approval as an approved kinship carer— the holder of the certificate is not a suitable person to be an approved kinship carer for the child to whom the approval relates; or a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; if the authority is a certificate of approval as a provisionally approved carer— the holder is not a suitable person to be a provisionally approved carer for the child to whom the approval relates; or a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; or the chief executive has decided to refuse the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; the holder is not meeting the standards required under the authority or another condition of the authority; the holder has contravened a provision of this Act; the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); it is inappropriate for the holder to continue to hold the authority because of— information given to the chief executive under division 6 or the Working with Children Check Act 2000 , other than information in relation to which the chief executive must suspend or cancel the authority under subdivision 3 ; or a circumstance prescribed under a regulation. The chief executive may cancel a certificate of approval if the holder lives with the holder’s spouse but does not hold the certificate jointly with the spouse. The chief executive may cancel a certificate of approval held jointly by 2 persons if— when the certificate was issued to them, they were spouses living together; and they have stopped being spouses or stopped living together; and the chief executive considers it inappropriate in all the circumstances for them to continue to jointly hold the certificate. However, if the holder of a certificate of approval mentioned in subsection (2) or (3) (the current certificate ) applies for another certificate of approval, the chief executive must not cancel the current certificate under subsection (2) or (3) until the application is decided. Also, the chief executive may suspend or cancel an authority if any of the following persons does not hold a working with children authority— if the authority is a licence—a relevant person for the licence; if the authority is a certificate of approval—the holder of the certificate or an adult member of the holder’s household. Subsection (5) does not apply to an authority that may be suspended or cancelled under subdivision (3). In this section— relevant person , for a licence, means— a director of the licensee; or the nominee for the licence; or a person responsible for directly managing a licensed care service operated under the licence; or a person who is performing a risk-assessed role for a licensed care service operated under the licence. s 139 amd 2003 No. 57 s 39 (1) sch 3 ; 2005 No. 40 s 45 (amd 2006 No. 17 s 22 ); 2010 No. 5 s 33 ; 2014 No. 28 s 11 ; 2019 No. 18 s 86 (2) sch 2 ; 2022 No. 7 ss 47, 132 sch 1 ; 2024 No. 49 s 130 (2) sch 4 pt 2 amd 2024 No. 50 s 5 (uncommenced amendment) (sec.139-ssec.1) The chief executive may suspend or cancel an authority on the following grounds— if the authority is a licence—a relevant person, for the licence, is not a suitable person; if the authority is a certificate of approval as an approved foster carer— the holder of the certificate is not a suitable person to be an approved foster carer; or a member of the holder’s household is not a suitable person to associate on a daily basis with children; if the authority is a certificate of approval as an approved kinship carer— the holder of the certificate is not a suitable person to be an approved kinship carer for the child to whom the approval relates; or a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; if the authority is a certificate of approval as a provisionally approved carer— the holder is not a suitable person to be a provisionally approved carer for the child to whom the approval relates; or a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; or the chief executive has decided to refuse the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; the holder is not meeting the standards required under the authority or another condition of the authority; the holder has contravened a provision of this Act; the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); it is inappropriate for the holder to continue to hold the authority because of— information given to the chief executive under division 6 or the Working with Children Check Act 2000 , other than information in relation to which the chief executive must suspend or cancel the authority under subdivision 3 ; or a circumstance prescribed under a regulation. (sec.139-ssec.2) The chief executive may cancel a certificate of approval if the holder lives with the holder’s spouse but does not hold the certificate jointly with the spouse. (sec.139-ssec.3) The chief executive may cancel a certificate of approval held jointly by 2 persons if— when the certificate was issued to them, they were spouses living together; and they have stopped being spouses or stopped living together; and the chief executive considers it inappropriate in all the circumstances for them to continue to jointly hold the certificate. (sec.139-ssec.4) However, if the holder of a certificate of approval mentioned in subsection (2) or (3) (the current certificate ) applies for another certificate of approval, the chief executive must not cancel the current certificate under subsection (2) or (3) until the application is decided. (sec.139-ssec.5) Also, the chief executive may suspend or cancel an authority if any of the following persons does not hold a working with children authority— if the authority is a licence—a relevant person for the licence; if the authority is a certificate of approval—the holder of the certificate or an adult member of the holder’s household. (sec.139-ssec.6) Subsection (5) does not apply to an authority that may be suspended or cancelled under subdivision (3). (sec.139-ssec.7) In this section— relevant person , for a licence, means— a director of the licensee; or the nominee for the licence; or a person responsible for directly managing a licensed care service operated under the licence; or a person who is performing a risk-assessed role for a licensed care service operated under the licence. - (a) if the authority is a licence—a relevant person, for the licence, is not a suitable person; - (b) if the authority is a certificate of approval as an approved foster carer— (i) the holder of the certificate is not a suitable person to be an approved foster carer; or (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with children; - (i) the holder of the certificate is not a suitable person to be an approved foster carer; or - (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with children; - (c) if the authority is a certificate of approval as an approved kinship carer— (i) the holder of the certificate is not a suitable person to be an approved kinship carer for the child to whom the approval relates; or (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; - (i) the holder of the certificate is not a suitable person to be an approved kinship carer for the child to whom the approval relates; or - (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; - (d) if the authority is a certificate of approval as a provisionally approved carer— (i) the holder is not a suitable person to be a provisionally approved carer for the child to whom the approval relates; or (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; or (iii) the chief executive has decided to refuse the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; - (i) the holder is not a suitable person to be a provisionally approved carer for the child to whom the approval relates; or - (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; or - (iii) the chief executive has decided to refuse the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; - (e) the holder is not meeting the standards required under the authority or another condition of the authority; - (f) the holder has contravened a provision of this Act; - (g) the authority was issued because of a materially false or misleading representation or declaration (made either orally or in writing); - (h) it is inappropriate for the holder to continue to hold the authority because of— (i) information given to the chief executive under division 6 or the Working with Children Check Act 2000 , other than information in relation to which the chief executive must suspend or cancel the authority under subdivision 3 ; or (ii) a circumstance prescribed under a regulation. - (i) information given to the chief executive under division 6 or the Working with Children Check Act 2000 , other than information in relation to which the chief executive must suspend or cancel the authority under subdivision 3 ; or - (ii) a circumstance prescribed under a regulation. - (i) the holder of the certificate is not a suitable person to be an approved foster carer; or - (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with children; - (i) the holder of the certificate is not a suitable person to be an approved kinship carer for the child to whom the approval relates; or - (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; - (i) the holder is not a suitable person to be a provisionally approved carer for the child to whom the approval relates; or - (ii) a member of the holder’s household is not a suitable person to associate on a daily basis with the child to whom the approval relates; or - (iii) the chief executive has decided to refuse the holder’s application for a certificate of approval as an approved foster carer or approved kinship carer; - (i) information given to the chief executive under division 6 or the Working with Children Check Act 2000 , other than information in relation to which the chief executive must suspend or cancel the authority under subdivision 3 ; or - (ii) a circumstance prescribed under a regulation. - (a) when the certificate was issued to them, they were spouses living together; and - (b) they have stopped being spouses or stopped living together; and - (c) the chief executive considers it inappropriate in all the circumstances for them to continue to jointly hold the certificate. - (a) if the authority is a licence—a relevant person for the licence; - (b) if the authority is a certificate of approval—the holder of the certificate or an adult member of the holder’s household. - (a) a director of the licensee; or - (b) the nominee for the licence; or - (c) a person responsible for directly managing a licensed care service operated under the licence; or - (d) a person who is performing a risk-assessed role for a licensed care service operated under the licence.