39Presumption authorisation will be cancelled

39 Presumption authorisation will be cancelled

39 Presumption authorisation will be cancelled

(1) For the purposes of the Act, section 137(2)(e)(ii) the occurrence of the following events raises a presumption the authorisation of a person as an authorised carer will be cancelled—

(a) if the authorisation relates to the out-of-home care of a particular child or young person—the person has not provided out-of-home care to the child or young person for 3 months or more,

(b) in all other cases—the person has not provided out-of-home care to a child or young person under the authorisation for 2 years or more.

(2) Cancellation of an authorisation under subsection (1) must not occur if—

(a) an investigation into whether the person’s authorisation should be cancelled is underway, or

(b) the person has applied for an internal review of a decision to cancel the person’s authorisation and the review is underway, or

(c) the person has applied for the review of a reviewable decision and NCAT has not given a decision, or

Note—

see the Act, section 245 for decisions administratively reviewable by NCAT.

(d) the agency is satisfied the authorisation should not be cancelled in the particular case.