New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SCHEDULE 1A

SCHEDULE 1A – Provisions relating to employers’ authorities

(Section 54)

1 Applications for authorities or exemptions

(1) An application for an employer’s authority or for an exemption from the requirement to hold such an authority is to be made in a form approved by the Minister and is to be accompanied by the prescribed fee.

(2) The regulations may provide for the reduction or rebating of fees for applications in prescribed circumstances.

2 Requirements for applicants for authorities

An applicant for an authority may be granted the authority only if:

(a) the applicant has the capacity to comply with Part 4 and the conditions on which the authority is to be granted, and

(b) the applicant establishes to the satisfaction of the Minister that the applicant will comply with that Part and those conditions while the authority is in force.

3 Grant or refusal of authority

(1) When a person applies to the Minister for an employer’s authority, the Minister must cause an inquiry to be made concerning the application by officers and a report on the application to be made and furnished to the Minister by an officer.

(2) On receipt of the report, the Minister must:

(a) grant the 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 authority on the grounds specified in the notice unless it has been established to the Minister’s satisfaction that the authority should not be refused.

(3) When the 28 days have expired, the Minister must, after considering any submissions made during that period by the applicant:

(a) grant an employer’s authority to the applicant, or

(b) refuse the authority and cause to be served on the applicant a notice stating the ground on which the authority has been refused.

(4) The period of 28 days referred to in this clause may be varied or waived by agreement between the Minister and the applicant.

4 Duration of authority

(1) Unless sooner revoked, an employer’s authority remains in force for such period, not exceeding 12 months, as is specified in the authority, commencing on the date on which it is granted, or such later date as may be specified in the authority.

(2) If an application is made by the holder of such an authority for a further employer’s authority while the other authority is still in force, the other authority remains in force until the application is finally dealt with (whether or not on appeal).

5 Conditions of authority

An employer’s authority is subject to:

(a) any condition prescribed by the regulations for all employers’ authorities or for a class of employers’ authorities to which the authority belongs, and

(b) any other condition imposed by the Minister:

(i) specified in the authority when it was granted, or

(ii) subsequently imposed on the authority under clause 6.

6 Revocation, variation or addition of conditions on authorities

(1) The Minister may (whether or not at the request of the holder of the authority):

(a) revoke or vary any condition of an employer’s authority, or

(b) impose a further condition on an employer’s authority,

by causing to be served on the holder of the authority a notice stating that the condition specified in the notice is revoked or varied as specified or that the further condition specified in the notice is imposed on the authority.

(2) This clause does not apply to a condition of an authority that is prescribed by the regulations unless the regulations provide otherwise.

7 Suspension and revocation of authority

(1) The Minister may suspend or revoke an employer’s authority on the ground that the holder of the authority has contravened a provision of this Act or the regulations or a condition of the authority.

(2) The Minister may suspend or revoke an employer’s authority at the request of the holder of the authority.

(3) If the Minister intends to suspend or revoke an employer’s authority, the Minister must cause to be served on the holder of the authority a notice stating that, when 28 days have expired after service of the notice, the Minister intends to suspend the authority for a period (not exceeding 6 months) specified in the notice or to revoke the authority, as the case may be, on the ground specified in the notice, unless it has been established to the Minister’s satisfaction that the Minister should not suspend or revoke the authority.

(4) When 28 days have expired after a notice has been served under subclause (3), the Minister may, after considering any submissions made during that period by the holder of the authority:

(a) suspend the authority to which the notice relates for the period (not exceeding 6 months) specified in the notice, or

(b) revoke the authority to which the notice relates,

by a further notice served on the holder, which further notice must specify the ground on which the authority is suspended or revoked, as the case may be.

(5) Despite subclauses (3) and (4), if the holder of an employer’s authority has requested that the authority be suspended or revoked, the Minister may, by notice served on the holder of the authority:

(a) suspend the authority for the period (not exceeding 6 months) specified in the notice, or

(b) revoke the authority,

as the case may require.

(6) An employer’s authority is taken not to be in force during any period for which it is suspended.

(7) If an employer’s authority has been suspended under this clause for a period, the Minister may, at any time during that period, restore the authority by serving on the holder of the authority immediately before it was suspended a notice stating that the authority is restored.