CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 352O Intervention—noncompliance direction

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 352O

    (1)     This section applies if—

        (a)     the director-general—

              (i)     suspects on reasonable grounds that an approved care and protection organisation is noncompliant or likely to become noncompliant; and

              (ii)     considers that the noncompliance would be better dealt with under this section than by giving the organisation a noncompliance notice; or

        (b)     the director-general has given an approved care and protection organisation a noncompliance notice about the noncompliance and the organisation—

              (i)     has not responded during the submission period; or

              (ii)     has responded by the due date but the director-general is satisfied that the organisation is still noncompliant or likely to become noncompliant.

    (2)     The director-general may give the organisation a direction to end the noncompliance (a noncompliance direction ).

    (3)     A noncompliance direction must—

        (a)     be in writing; and

        (b)     state the action that is noncompliant; and

        (c)     describe how the action is noncompliant; and

        (d)     state the action to be taken, or not taken, to end the noncompliance; and

        (e)     state a reasonable time for the organisation to comply with the direction; and

        (f)     state that the organisation may make an oral or written submission to the director-general about the noncompliance.

Note     The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act

, s 46).