CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 245 Decisions that are administratively reviewable by Civil and Administrative Tribunal

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 245

245 Decisions that are administratively reviewable by Civil and Administrative Tribunal

(1) Each of the following decisions made under or for the purposes of this Act or the regulations is an administratively reviewable decision for the purposes of section 28(1)(a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993 --

(a) a decision of the relevant decision-maker not to authorise a person as an authorised carer, other than the following decisions--

(i) a decision not to authorise a person as a residential care worker,

(ii) a decision not to authorise a person who--

(A) has been granted an authorisation as an authorised carer on a provisional basis, and

(B) had not, at the time the authorisation took effect, made an application but was taken under the regulations to have made an application,

Note--: See the Children and Young Persons (Care and Protection) Regulation 2022 , section 21(2).

(a1) a decision of the relevant decision-maker to--

(i) suspend a person's authorisation as an authorised carer, or

(ii) impose conditions on a person's authorisation as an authorised carer,

(b) a decision of the relevant decision-maker to cancel a person's authorisation as an authorised carer, other than a decision to--

(i) cancel an authorisation granted on a provisional basis, or

(ii) cancel an authorisation on the occurrence of an event prescribed under section 137(2)(e),

(c) a decision of the relevant decision-maker to grant to, or to remove from, an authorised carer the responsibility for the daily care and control of the child or young person,

(f1) a decision of the Secretary to transfer a child protection order to a participating State under Division 1 of Part 2 of Chapter 14A,

(g) a decision of the Minister or the Secretary belonging to such class of decisions as may be prescribed by the regulations,

(h) a decision of the Minister or the Secretary under section 246 with respect to the accommodation of a child or young person,

(i) a decision of a relevant decision-maker to refuse to make a decision referred to in this section that the decision-maker is empowered and has been requested to make,

(j) a decision of a designated agency to disclose high level identification information concerning the placement of a child or young person,

(k) a decision of a designated agency to refuse to disclose information concerning the placement of a child or young person,

(l) a decision of the Secretary or a designated agency as to the suitability of a person to be a guardian.

(1A) Sections 29- 31 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 do not apply in respect of a review of a decision referred to in subsection (1)(j) or (k).

(1B) For the avoidance of doubt, subsection (1)(c) does not extend to any decision in relation to--

(a) the preparation of a permanency plan, or

(b) the enforcement of a permanency plan that has been embodied in, or approved by, an order or orders of the Children's Court.

(2) In this section,
"relevant decision-maker" , in relation to a decision, means the person or body authorised by or under this Act or the regulations to make the decision, not being the Children's Court.