18Access to information about original decision or record

18 Access to information about original decision or record

18 Access to information about original decision or record

(1) The Children’s Guardian must ensure information held by the Children’s Guardian about a decision (the original decision) is not made available to a person if—

(a) the original decision was—

(i) to refuse to grant an authorisation as an authorised carer, or

(ii) to cancel an authorisation as an authorised carer, or

(iii) to suspend an authorisation as an authorised carer, and

(b) the original decision has been overturned by—

(i) a designated agency, or

(ii) a court, or

(iii) a tribunal.

(2) The Children’s Guardian must ensure a historical version of a record held by the Children’s Guardian is not made available to a person if the record has been subsequently changed by a designated agency and is a record of—

(a) the agency’s refusal to grant an authorisation as an authorised carer based on an agency specific policy about carer eligibility or suitability, or

(b) the agency’s concerns about the suitability of a person to care for, or reside on the same property as, a child following—

(i) the person withdrawing an application for an authorisation as an authorised carer, or

(ii) the person surrendering an authorisation as an authorised carer, or

(iii) cancellation of the person’s authorisation as an authorised carer, or

(c) concerns the agency had arising from an investigation into a reportable allegation.

(3) The Children’s Guardian may make an original decision or a historical version of a record available to the following—

(a) a designated agency if the designated agency made the original decision or historical version of the record,

(b) the Children’s Guardian,

(c) the Minister,