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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 352P Intervention—suspension if child or young person unsafe

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 352P

Intervention—suspension if child or young person unsafe

    (1)     This section applies if the director-general believes on reasonable grounds that—

        (a)     a child or young person is receiving a service from an approved care and protection organisation; and

        (b)     the child or young person is unsafe; and

        (c)     the exercise of the director-general's powers under this section is necessary to protect the child or young person.

Note     An authorised person may, at any reasonable time, enter premises where a child or young person is living if the director-general has placed the child or young person with an out-of-home carer under s 512 and the purpose of the entry is to ensure that the child or young person is being properly cared for (see  s 815).

    (2)     The director-general may give the approved care and protection organisation a written notice (a safety suspension notice ) suspending 1 or more of the organisation's approvals under section 63 for care and protection purposes for a period not longer than 28 days.

Note     Care and protection purpose —see  s 352B.

    (3)     If an organisation's approval is suspended by a safety suspension notice and the organisation holds an authorisation under section 520 (Residential care service—general parental authority), the organisation's authorisation under section 520 is also suspended for the period of the safety suspension notice.

    (4)     A safety suspension notice must include a statement advising the care and protection organisation that the organisation may make a written submission to the director-general about the suspension.

    (5)     If the director-general gives a safety suspension notice to an approved care and protection organisation, the director-general must also take reasonable steps to tell a person with daily care responsibility for each child or young person likely to be affected about the suspension.

Note     Daily care responsibility —see  s 19.