New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 32, 36, 41, 43)
In this Schedule:
"approved person" means:
(a) in relation to a licence for a child care service-the authorised supervisor under the licence,
(b) in relation to a licence for a residential child care centre-the licensed manager under the licence, or
(c) in relation to a private fostering agency authority-the principal officer under the authority."authority" means a private fostering agency authority or a fostering authority.
A person is not eligible to make an application for a licence unless:
(a) the person is the proprietor of the premises for which the licence is applied for, or
(b) the Minister consents to the making of that application by the person.
(1) When a person makes an application to the Minister for a licence or authority, the Minister shall cause an inquiry to be made with respect to the application by officers and a report on the application to be made and furnished to the Minister by an officer.
(2) Upon receipt of the report, the Minister shall:(a) grant the licence or authority to the applicant, or(b) cause to be served on the applicant a notice stating that, when 28 days have expired after service of the notice, the Minister intends to refuse the licence or authority on the grounds specified in the notice unless it has been established to the Minister’s satisfaction that the licence or authority should not be refused.
(3) When 28 days have expired after a notice has been served under subclause (2) (b), the Minister shall, after considering any submissions made during that period by the applicant:(a) grant the licence or authority to the applicant, or(b) refuse the licence or authority and cause to be served on the applicant a notice stating the grounds on which the licence or authority has been refused.
(1) A licensee or holder of a private fostering agency authority may apply for the Minister’s consent to the replacement of the approved person under the licence or authority by another person.
(2) When the Minister receives an application under subclause (1), the Minister shall, by notice served on the applicant, the approved person and the other person specified in the application:(a) if the Minister considers the other person suitable to act as the approved person under the licence or authority-consent to the other person’s becoming the approved person under the licence or authority, or(b) refuse the application.
(3) When the Minister has consented to another person’s becoming the approved person under a licence or authority:(a) any person who was the approved person under the licence or authority immediately before the consent was given ceases to be the approved person under the licence or authority, and(b) the other person shall be deemed to be the person specified under section 32 (1) (c), 36 (1) (c) or 41 (1) (b), as the case may be, in the licence or authority.
(4) A notice served for the purpose of giving a consent under subclause (2) shall specify any conditions, other than such conditions as may be prescribed by the regulations, which are in force when the notice is served and to which the licence or authority to which it relates is subject.
(1) Unless sooner revoked, a licence or private fostering agency authority shall remain in force for such period, not exceeding 3 years, as is specified in the licence or authority, commencing on the date on which it is granted, or such later date as is specified in the licence or authority, as the case may be.
(2) If an application for a further licence or private fostering agency authority in relation to the same child care service, residential child care centre or private fostering agency, as the case may be, as that to which the licence or authority relates is made by the licensee under the licence or the holder of the authority while the licence or authority is in force, the licence or authority shall remain in force until the application is finally dealt with.
(3) Subject to any condition specified in the authority under section 43 (1) (e), a fostering authority shall remain in force until it is revoked.
A licence or authority is subject to:
(a) any condition prescribed by the regulations for licences or authorities or for a class of licences or authorities to which the licence or authority belongs, and
(b) any other condition in force in relation to the licence or authority, being a condition that the Minister thought fit to impose on the licence or authority and that was:(i) specified in the licence or authority when it was granted, or(ii) subsequently imposed on the licence or authority under clause 7.
(1) If the Minister intends to revoke or vary any condition of a licence or authority or to impose a further condition on a licence or authority, the Minister shall cause to be served on:(a) the licensee under the licence or the holder of the authority, and(b) the approved person, if any, under the licence or authority,a notice stating that, when 28 days have expired after service of the notice, the Minister intends to revoke or vary a condition of the licence or authority specified in the notice or to impose on the licence or authority a further condition specified in the notice, as the case may be, unless it has been established to the Minister’s satisfaction that the Minister should not do so.
(2) When 28 days have expired after notices have been served under subclause (1), the Minister may, after considering any submissions made during that period by the person or persons on whom the notices were served:(a) revoke or vary the condition specified in the notices, or(b) impose the further condition, as specified in the notices, on the licence or authority to which the notices relate,by a further notice served on that person or those persons.
(3) Notwithstanding subclauses (1) and (2), if the licensee under a licence or the holder of an authority has requested that a condition of the licence or authority be revoked or varied or that a further condition be imposed on the licence or authority, the Minister may, by notice served on the licensee or holder of the authority and the approved person, if any, under the licence or authority:(a) revoke or vary the condition, or(b) impose the further condition,as the case may require.
Any matter specified in a fostering authority pursuant to section 43 (1) (b)-(e) shall, for the purposes of clauses 5 and 7, be deemed to be a condition of the fostering authority.
(1) For the purposes of this clause, the prescribed grounds, in relation to the suspension or revocation of a licence, are that:(a) the licensee under the licence has requested that the licence be suspended or revoked,(b) either the licensee or the approved person under the licence is no longer a fit and proper person to be concerned in the provision of the child care service or the conduct of the residential child care centre to which the licence relates,(c) either of those persons has contravened or failed to comply with a provision of this Act or the regulations that applies to that person,(d) in the case of a licence for a child care service:(i) any premises on which the child care service is provided do not comply with any provision of this Act or the regulations, or of a condition of the licence, that applies to them, or(ii) the authorised supervisor under the licence does not have the overall supervision of the provision of the child care service to which the licence relates, or(e) in the case of a licence for a residential child care centre:(i) the premises of the centre do not comply with a provision of this Act or the regulations, or of a condition of the licence, that applies to them,(ii) the premises of the centre are not being used as a residential child care centre,(iii) the licensee (not being a person deemed to have been granted the licence under section 36 (2)) is not the proprietor of the premises of the centre, or(iv) the licensed manager does not conduct the centre.
(2) For the purposes of this clause, the prescribed grounds, in relation to the suspension or revocation of a private fostering agency authority, are that:(a) the authorised private fostering agency under the authority has requested that the authority be suspended or revoked,(b) either the authorised private fostering agency or the principal officer under the authority is no longer a fit and proper person to be concerned in the carrying on of private fostering services, or(c) either of those persons has contravened or failed to comply with a provision of this Act or the regulations that applies to that person.
(3) For the purposes of this clause, the prescribed grounds, in relation to the suspension or revocation of a fostering authority, are that:(a) the holder of the authority has requested that the authority be suspended or revoked,(b) the holder of the authority is no longer a fit and proper person to hold the authority, or(c) the holder of the authority has contravened or failed to comply with a provision of this Act or the regulations that applies to that person.
(4) If the Director-General intends to suspend or revoke a licence or authority, the Director-General shall cause to be served on:(a) the licensee under the licence or the holder of the authority, and(b) the approved person, if any, under the licence or authority,a notice stating that, when 28 days have expired after service of the notice, the Director-General intends to suspend the licence or authority for a period (not exceeding 6 months) specified in the notice or to revoke the licence or authority, as the case may be, on the prescribed grounds specified in the notice, unless it has been established to the Director-General’s satisfaction that the Director-General should not do so.
(5) When 28 days have expired after notices have been served under subclause (4), the Director-General may, after considering any submissions made during that period by the person or persons on whom the notices were served:(a) suspend the licence or authority to which the notices relate for the period (not exceeding 6 months) specified in the notices, or(b) revoke the licence or authority to which the notices relate,by a further notice served on that person or those persons, which further notice shall specify the prescribed grounds on which the licence or authority is suspended or revoked, as the case may be.
(6) Notwithstanding subclauses (4) and (5), if the licensee under a licence or the holder of an authority has requested that the licence or authority be suspended or revoked, the Director-General may, by notice served on the licensee or holder of the authority and the approved person, if any, under the licence or authority:(a) suspend the licence or authority for the period (not exceeding 6 months) specified in the notice, or(b) revoke the licence or authority,as the case may require.
(7) A licence or authority shall be deemed not to be in force during any period for which it is suspended.
(8) If a licence or authority has been suspended under this clause for a period, the Director-General may, at any time during that period, restore the licence or authority by serving on both the person who was the licensee under the licence or the holder of the authority, and the person who was the approved person, if any, under the licence or authority, immediately before it was suspended a notice stating that the licence or authority is restored.
(1) The Minister may, by an instrument in writing, authorise a person specified in the instrument to act as the approved person under a licence or private fostering agency authority for a period so specified that occurs during an absence (by reason of illness or otherwise) of the approved person under the licence or authority.
(2) While a person is authorised by an instrument referred to in subclause (1) to act as an approved person under a licence or authority:(a) that person shall be deemed to be the person specified under section 32 (1) (c), 36 (1) (c) or 41 (1) (b), as the case may be, in the licence or authority, and(b) the conditions of the licence or authority that apply to the approved person under the licence or authority shall, for the purposes of section 31 (4), 34 (2) or 40 (4), as the case may require, be deemed to apply to the person so authorised as if that person were the approved person under the licence or authority.
(3) The Minister may, by notice served on the person specified in an instrument referred to in subclause (1) by which that person was authorised to act as the approved person under a licence or authority, revoke the instrument on any ground that the Minister considers sufficient.