20Assessment of capability and suitability to be provisionally authorised

20 Assessment of capability and suitability to be provisionally authorised

20 Assessment of capability and suitability to be provisionally authorised

(1) A designated agency must not provisionally authorise a person under section 19 unless the agency has determined the person is capable and suitable to be provisionally authorised.

(2) Before determining a person is capable and suitable to be provisionally authorised, the designated agency must—

(a) obtain from the person the information the agency reasonably requires to assess the person’s capability and suitability, and

(b) carry out an inspection of the person’s home and be satisfied it will provide a safe and secure environment for a child or young person in out-of-home care who may reside in the home, and

(c) consider the following matters in light of the functions imposed on an authorised carer by or under the Act, information held by the agency and all the circumstances of the case—

(i) risks to a child or young person if the applicant is provisionally authorised,

(ii) the risk the person may be unable to properly perform the functions of an authorised carer.

(3) In assessing a person for provisional authorisation, a designated agency may obtain or conduct a uniform suitability assessment for the person and each co-resident of the person.

(4) 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.

(5) Failure to comply with subsection (4) does not affect the validity of a provisional authorisation under this section.