Div 2Approval of carers

Division 2—Approval of carers 71—Out of home care only to be provided by approved carers Subject to this Act, a person must not provide out of home care unless the person is an approved carer. 72—Approval of carers (1) The Chief Executive may, on an application under this section and by notice in writing, approve a person as an approved carer for the purposes of this Act. (2) An application for approval— (b) must be accompanied by any information or documents as may be required by the Chief Executive. (3) In determining an application for approval, the Chief Executive must— (a) act in accordance with any relevant policies published under section 19; and (b) have regard to— (i) the operation of the Child Safety (Prohibited Persons) Act 2016; and (ii) whether the person is willing and able to care for each child or young person placed in their care in a manner consistent with Chapter 2 and this Act generally; and (iii) if relevant, whether the person will, where appropriate— (A) provide opportunities for the child or young person to maintain or recover their identity as a member of their own family and will allow the child or young person reasonable access to their own family; and (B) assist the child or young person to return to their own family; and (iv) any other matter prescribed by the regulations for the purposes of this paragraph, however, the Chief Executive may refuse to approve a person for any reason the Chief Executive thinks fit. (4) The Chief Executive must impose on each approval— (a) a condition setting out the kind of out of home care that can be provided by the approved carer; and (b) the maximum number of children and young people that the approved carer is permitted to have in their care, and may impose such other conditions as the Chief Executive thinks appropriate. (5) The Chief Executive may, by notice in writing, vary, substitute or revoke a condition of an approval. (6) An approved carer must not refuse or fail to comply with a condition of an approval. 73—Ongoing reviews of approved carers The Chief Executive must, in relation to each approved carer, ensure that— (a) regular assessments are undertaken of the provision of care by the approved carer under this Act; and (b) relevant courses of training are made available to the approved carer; and (c) ongoing support and guidance are provided to the approved carer; and (d) proper assessments are made of any requirement of the approved carer for financial or other assistance. 74—Cancellation of approval (1) The Chief Executive may, by notice in writing, cancel the approval of an approved carer if the Chief Executive reasonably suspects that— (a) a child or young person in the care of the approved carer is not being adequately cared for; or (b) the approved carer has contravened a provision of this Act; or (c) the approved carer has refused or failed to comply with a condition of their approval; or (d) the person is a prohibited person under the Child Safety (Prohibited Persons) Act 2016; or (e) a working with children check has not been conducted in relation to the person within the preceding 5 years; or (f) it is otherwise appropriate that the approval be cancelled. (2) The Chief Executive must (except in relation to a cancellation arising out of the fact that the person is a prohibited person under the Child Safety (Prohibited Persons) Act 2016) give an approved carer at least 28 days notice in writing of the Chief Executive's intention to cancel the person's approval. 75—Certain information to be provided to Chief Executive (1) An approved carer must, as soon as is reasonably practicable, advise the Chief Executive if any of the following occurs: (a) there is a change in the approved carer's address; (b) any other person comes to reside with the approved carer; (c) the approved carer, or any person residing with the approved carer, is charged with an offence punishable by imprisonment; (d) the approved carer, or any person residing with the approved carer, becomes a prohibited person under the Child Safety (Prohibited Persons) Act 2016. (2) Nothing in this section limits any other power of the Chief Executive or a child protection officer to require a person to produce information. 76—Delegation of certain powers to approved carer (1) The Chief Executive may, in relation to a child or young person who is under the guardianship of the Chief Executive, delegate such of the Chief Executive's powers as guardian of the child or young person as the Chief Executive thinks fit to an approved carer in whose care the child or young person is placed. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Chief Executive to act in any matter; and (d) may be varied or revoked at will. (3) Nothing in this section limits the Chief Executive's power to delegate a function or power under section 146.