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Children and Young Persons (Care and Protection) Act 1998
245Decisions that are administratively reviewable by Civil and Administrative Tribunal
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#### 245 Decisions that are administratively reviewable by Civil and Administrative Tribunal
245 Decisions that are administratively reviewable by Civil and Administrative Tribunal
> > (1) Each of the following decisions made under or for the purposes of this Act or the regulations is an administratively reviewable decision for the purposes of section 28(1)(a) of the [Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002)—
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> > > (a) a decision of the relevant decision-maker not to authorise a person as an authorised carer, other than the following decisions—
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> > > > (i) a decision not to authorise a person as a residential care worker,
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> > > > (ii) a decision not to authorise a person who—
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> > > > > (A) has been granted an authorisation as an authorised carer on a provisional basis, and
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> > > > > (B) had not, at the time the authorisation took effect, made an application but was taken under the regulations to have made an application,
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> > > > Note—
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> > > > See the [Children and Young Persons (Care and Protection) Regulation 2022](/view/html/inforce/current/sl-2022-0479), section 21(2).
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> > > (a1) a decision of the relevant decision-maker to—
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> > > > (i) suspend a person’s authorisation as an authorised carer, or
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> > > > (ii) impose conditions on a person’s authorisation as an authorised carer,
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> > > (b) a decision of the relevant decision-maker to cancel a person’s authorisation as an authorised carer, other than a decision to—
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> > > > (i) cancel an authorisation granted on a provisional basis, or
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> > > > (ii) cancel an authorisation on the occurrence of an event prescribed under section 137(2)(e),
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> > > (c) a decision of the relevant decision-maker to grant to, or to remove from, an authorised carer the responsibility for the daily care and control of the child or young person,
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> > > (d)–(f) (Repealed)
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> > > (f1) a decision of the Secretary to transfer a child protection order to a participating State under Division 1 of Part 2 of Chapter 14A,
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> > > (g) a decision of the Minister or the Secretary belonging to such class of decisions as may be prescribed by the regulations,
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> > > (h) a decision of the Minister or the Secretary under section 246 with respect to the accommodation of a child or young person,
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> > > (i) a decision of a relevant decision-maker to refuse to make a decision referred to in this section that the decision-maker is empowered and has been requested to make,
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> > > (j) a decision of a designated agency to disclose high level identification information concerning the placement of a child or young person,
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> > > (k) a decision of a designated agency to refuse to disclose information concerning the placement of a child or young person,
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> > > (l) a decision of the Secretary or a designated agency as to the suitability of a person to be a guardian.
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> > > (m), (n) (Repealed)
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> > (1A) Sections 29–31 of the [Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002) do not apply in respect of a review of a decision referred to in subsection (1)(j) or (k).
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> > (1B) For the avoidance of doubt, subsection (1)(c) does not extend to any decision in relation to—
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> > > (a) the preparation of a permanency plan, or
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> > > (b) the enforcement of a permanency plan that has been embodied in, or approved by, an order or orders of the Children’s Court.
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> > (2) In this section, relevant decision-maker, in relation to a decision, means the person or body authorised by or under this Act or the regulations to make the decision, not being the Children’s Court.
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> **s 245:** Am 2000 No 76, Sch 2 \[29\]; 2002 No 42, Sch 4.2 \[4\]; 2006 No 95, Schs 2 \[3\], 3 \[18\] \[19\]; 2010 No 59, Sch 1.8 \[11\]; 2010 No 67, Sch 1 \[6\]; 2010 No 105, Sch 1 \[24\]; 2011 No 70, Sch 2.2 \[4\]; 2013 No 31, Sch 2 \[6\] \[8\]; 2013 No 95, Sch 2.27 \[11\]; 2014 No 8, Sch 1 \[91\]; 2015 No 29, Sch 3 \[19\]; 2019 No 25, Sch 5.8\[23\] \[24\]; 2022 No 67, Sch 1\[22\].