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Children and Young Persons (Care and Protection) Act 1998
154Restriction on who may provide supported out-of-home care
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#### 154 Restriction on who may provide supported out-of-home care
154 Restriction on who may provide supported out-of-home care
> > (1) Supported out-of-home care may be provided in respect of a child or young person only by the Secretary or an authorised carer.
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> > (2) If a person, other than the Secretary or an authorised carer, provides out-of-home care in respect of a child or young person—
> >
> > > (a) the child or young person is, for the purposes of Parts 2 and 3 of Chapter 3, taken to be at risk of significant harm, and
> >
> > > (b) the Secretary may direct the person, by notice in writing, to cease providing the out-of-home care within the time specified in the notice.
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> > (3) A person who fails to comply with a notice given to the person under subsection (2)(b) is guilty of an offence.
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> > Maximum penalty—200 penalty units.
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> Note.
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> An offence against subsection (3) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 258.
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> **s 154:** Am 2006 No 60, Sch 1 \[51\]–\[53\]. Subst 2009 No 13, Sch 1.3 \[8\]. Am 2012 No 97, Sch 1.3 \[4\].