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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.