Social Services Regulations 2023
24Matters to be considered before employing or engaging out of home carers or carers for secure welfare services
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24 Matters to be considered before employing or engaging out of home carers or carers for secure welfare services
(1) The provider of an out of home care service must have systems and processes in place to ensure that the provider has regard to the matters set out in subregulation (3) when employing or engaging a person to provide—
(a) a service caring for children in an out of home care residence managed by the provider; or
(b) a service providing services to children at an out of home care residence managed by the provider.
(2) The provider of a secure welfare service must have systems and processes in place to ensure that the provider has regard to the matters set out in subregulation (3) when employing or engaging a person to provide—
(a) a service caring for children at the secure welfare service; or
(b) a service providing services to children at the secure welfare service.
(3) For the purposes of subregulations (1) and (2), the provider is to have regard to the following matters in relation to a person—
(a) the person's criminal history;
(b) the person's medical history, including mental health;
(c) the person's skills, experience and qualifications;
(d) the person's capacity to provide stability, continuity and support for the permanency objective included in a child's case plan within the meaning of the Children, Youth and Families Act 2005;
(e) the person's capacity to promote and protect a child's safety, wellbeing and development;
(f) the person's capacity to provide appropriate support for the maintenance of a child's religious faith (if any);
(g) the person's capacity to preserve a child's identity and connection to the child's culture of origin and relationships with the child's birth family;
(h) the person's appreciation of the importance of contact with a child's birth parent and family;
(i) the person's capacity to develop positive relationships and work collaboratively with a child's family;
(j) the person's capacity to develop a positive relationship and work collaboratively with providers of services to children, including but not limited to—
(i) child protection services; and
(ii) disability services; and
(iii) registered out of home care services; and
(iv) health services; and
(v) educational services; and
(vi) legal and youth justice services;
(k) the person's general character.
(4) In this regulation—
means—