CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 240 Continuation of services by caretaker

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 240

    (1)     The CEO may appoint a person as a caretaker to continue to provide the services that were provided under a licence if:

    (a)     the licence is revoked; or

    (b)     the services cease for any reason (for example, the licence holder has died, absconded or gone into liquidation).

    (2)     The CEO:

    (a)     may do so:

        (i)     on the CEO's initiative; or

        (ii)     on the application of the person; and

    (b)     must do so within 3 months after the revocation or cessation.

    (3)     An application under subsection (2)(a)(ii) must be made in the approved form and in accordance with the regulations.

    (4)     The CEO must specify in the appointment:

    (a)     the conditions for the provision of the services (including, for example, any conditions about the person's remuneration); and

    (b)     the term of the appointment.

    (5)     The person must not contravene:

    (a)     any condition specified in the appointment; or

    (b)     any other condition prescribed by regulation.

Maximum penalty:     500 penalty units.

    (6)     If subsection (1)(b) applies to the licence, the licence ceases to be in force at the earliest of the following:

    (a)     the death of the licence holder;

    (b)     if services cease to be provided under the licence for a continuous period of 3 months – the end of that period;

    (c)     the appointment of the person under subsection (1) for the continuation of the services.