CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 254 Application for review
CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 254
Application for review(1) Each of the following is a reviewable decision:
(a) a decision to refuse to grant a licence;
(b) a decision to refuse to appoint a person as a caretaker;
(c) a decision to refuse to renew a licence;
(d) a decision to vary a condition of a licence;
(e) a decision to suspend a licence;
(f) a decision to revoke a licence;
(g) a decision to refuse an application to enter into an action plan agreement;
(h) a decision to terminate an action plan agreement;
(i) a decision to refuse to register a person;
(j) a decision to refuse to renew a registration;
(k) a decision to vary a condition of a registration;
(l) a decision to suspend a registration;
(m) a decision to revoke a registration.
(2) However, a decision made by a panel is not a reviewable decision.
(3) The following person may apply for a review of a reviewable decision:
(a) for a decision mentioned in subsection (1)(a), (b), (c), (g), (i) and (j) – the applicant relating to the decision;
(b) for a decision mentioned in subsection (1)(d), (e) or (f) – the licence holder;
(c) for a decision mentioned in subsection (1)(h) – the operator providing services under the agreement;
(d) for a decision mentioned in subsection (1)(k), (l) or (m) – the registered person.
(4) As soon as practicable after making a reviewable decision, the decision maker must:
(a) give notice of the decision to the person who may apply for a review of the decision; and
(b) state in the notice:
(i) the reasons for the decision; and
(ii) that the person is entitled to apply for a review of the decision and the time within which the application may be made.
(5) In this section:
"decision maker" means:
(a) for a decision made by the CEO – the CEO; or
(b) for a decision made by a delegate of the CEO – the delegate; or
(c) for a decision made by a licence holder – the licence holder.