22CBConditions on accreditation of transitional designated agencies

#### 22CB Conditions on accreditation of transitional designated agencies 22CB Conditions on accreditation of transitional designated agencies > > (1) The Children’s Guardian may impose conditions on an accreditation of a transitional designated agency under clause 22A or 22AA in accordance with the principal Regulation, except as provided by this clause. > > > (2) A condition may be imposed under clause 39 (2) of the principal Regulation on the accreditation of a transitional designated agency only if: > > > > > (a) the Children’s Guardian has, on reasonable grounds, a concern that an act or omission of the transitional designated agency (including, but not limited to, an act or omission of its principal officer) may adversely affect the safety, welfare or well-being of a child or young person or class of children or young persons, and > > > > > (b) the Children’s Guardian has, given a notice in accordance with subclause (3) to the transitional designated agency, and > > > > > (c) the transitional designated agency has not addressed the concern specified in that notice within the period specified under subclause (3) (c), and > > > > > (d) having considered any notification given by the transitional designated agency as referred to in subclause (3) (d), the Children’s Guardian is of the opinion that imposition of a condition is appropriate. > > > (3) The notice is to be in writing and must contain the following matters: > > > > > (a) particulars of the concern that the Children’s Guardian has, > > > > > (b) a request that the transitional designated agency address the concern by the date specified in the notice (being at least 28 days from the date on which the notice was given), > > > > > (c) notice that a specified condition may be imposed on the transitional designated agency’s accreditation if the agency does not address the concern before the date specified in the notice, > > > > > (d) notice that the transitional designated agency may, no later than 28 days from the date on which the notice was given, notify the Children’s Guardian in writing that: > > > > > > > (i) the agency believes that there is no reasonable grounds for the Children’s Guardian’s concern, or > > > > > > > (ii) that the period specified under paragraph (b) does not give the agency a reasonable time to address the concern, or > > > > > > > (iii) that the condition proposed pursuant to the notice is unreasonable and set out the grounds for this belief. > > > (4) Any condition imposed under clause 39 (2) of the principal Regulation on the accreditation of a transitional designated agency must be in substantially the same terms as the condition proposed under subclause (3) (c). > > > (5) A condition may not be imposed under clause 39 (3) of the principal Regulation on the accreditation of a transitional designated agency. > > > (6) Subclauses (2)–(4) do not apply to the imposition under clause 39 (2) of the principal Regulation of a condition that relates solely to the provision, arrangement or supervision of voluntary out-of-home care. > > > (7) A condition imposed on the accreditation of the Department of Community Services or the Department of Ageing, Disability and Home Care in accordance with this clause and in force immediately before the abolition of those departments is taken to be a condition imposed in accordance with this clause on the accreditation under clause 22AA of Community Services or Ageing, Disability and Home Care (as the case may be). > > **cl 22CB:** Ins 2008 (471), Sch 1 \[3\]. Am 2011 (46), Sch 2 \[4\] \[5\].