Children and Young Persons (Care and Protection) Regulation 2022
18Determination of application
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18 Determination of application
18 Determination of application
(1) A designated agency determines an application by—
(a) approving the application and authorising the applicant as an authorised carer, or
(b) refusing the application.
(2) A designated agency must not authorise an applicant as an authorised carer unless the agency is satisfied the applicant is capable and suitable to be an authorised carer.
(3) Before authorising an applicant as an authorised carer the designated agency must—
(a) be satisfied the applicant and each adult residing on the same property as the applicant have complied with the requirements of the Child Protection (Working with Children) Act 2012 for engaging in child-related work as an authorised carer, and
(b) obtain or conduct a uniform suitability assessment of the applicant and each co-resident of the applicant and determine the result of each element of the assessment is satisfactory, and
(c) be satisfied the applicant has completed the education or training required by the agency, and
(d) receive from the applicant a signed statement that the applicant has read, understood and will comply with the code of conduct for authorised carers approved by the Minister under the Act, section 248C, and
(e) take into account—
(i) the functions of an authorised carer and the risk the applicant would be unable to properly perform the functions, and
(ii) risks to a child or young person if the applicant is authorised, including risks from the applicant’s home and from a person who resides on the same property as the applicant, and
(iii) relevant information available to the agency.
(4) Authorisation of an applicant as an authorised carer under this section takes effect when the designated agency gives the applicant written notice of the authorisation.
(5) The principal officer of a designated agency must carry out the functions of the agency under this section, unless the Children’s Guardian approves the carrying out of the functions by another person.