CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 514B Approved carers—director-general may approve

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 514B

    (1)     The director-general may, in writing, approve a person as a carer (an  approved carer ) if satisfied that the person is an appropriate person to care for children or young people.

    (2)     However, if the director-general orally authorises a person under section 516 (Kinship carer—specific parental authority) or section 518 (Foster carer—specific parental authority) in relation to a child or young person, the director-general—

        (a)     may, at the same time, orally approve the person as an approved carer; and

        (b)     if the director-general approves the person under paragraph (a)—must, as soon as practicable, approve the person in writing.

    (3)     The director-general may approve a person as an approved carer only if—

        (a)     the person is registered under the Working with Vulnerable People Act

to engage in a regulated activity; or

        (b)     the person—

              (i)     has applied for registration under the Working with Vulnerable People Act

; and

              (ii)     may engage in a regulated activity under that Act

, section 16 (2) (When unregistered person may be engaged in regulated activity—kinship carer or foster carer); or

        (c)     the person is not registered under the Working with Vulnerable People Act

to engage in a regulated activity and—

              (i)     the person is to be authorised as a kinship carer under section 516 or a foster carer under section 518 for a child or young person; and

              (ii)     the director-general is satisfied that—

    (A)     the person is a significant person for the child or young person; and

    (B)     the person has a familiar relationship with the child or young person; and

    (C)     given the familiar relationship, the person does not pose an unacceptable risk to the child or young person; and

    (D)     taking into account all the circumstances, it would be in the best interests of the child or young person to have the person authorised as their kinship carer or foster carer.

    (4)     In deciding whether a person has a familiar relationship with a child or young person, the director-general must consider the length of the relationship and the extent and degree to which the person engages with the child or young person.

    (5)     The Minister must make guidelines about matters the director-general must consider under subsection (3) (c) (ii).

    (6)     A guideline is a disallowable instrument.

    (7)     In this section:

"regulated activity" means a regulated activity mentioned in the Working with Vulnerable People Act

, schedule 1, section 1.1 (Child protection services).

Note     A decision under this section is a reviewable decision (see  s 839).