CHILD PROTECTION ACT 1999 - SECT 137 Amendment of authority on application of holder

CHILD PROTECTION ACT 1999 - SECT 137

137 Amendment of authority on application of holder

(1) The holder of an authority may apply to the chief executive for an amendment of the authority.

(2) A certificate of approval as an approved kinship carer or a provisionally approved carer may not be amended to change the child for whom the carer is approved.

(3) The chief executive must consider the application and decide whether to grant or refuse it within 28 days after receiving it.

(4) If the chief executive is satisfied the amendment is necessary or desirable, the chief executive must grant the application.

(5) If the amendment is about changing the nominee for a licence, in deciding whether the amendment is necessary or desirable, the chief executive must consider—

(a) whether the proposed nominee is a suitable person; and

(b) whether the proposed nominee either—

(i) holds a working with children authority; or

(ii) has made a current working with children check application.

(6) If the amendment is about adding a licensed premises to a licence, the chief executive must, in deciding whether the amendment is necessary or desirable, consider the following matters—

(a) whether each care service that is, or will be, provided at the premises complies with the standards of care stated in the statement of standards;

(b) whether each person responsible for directly managing a care service that is, or will be, provided at the premises—

(i) is a suitable person; and

(ii) either—

(A) holds a working with children authority; or

(B) has made a current working with children check application;

(c) whether the methods for the selection, training and management of people engaged in providing a care service, that is, or will be, provided at the premises are suitable;

(d) if the premises are a licensed residential facility—whether the premises are suitable for providing accommodation to children in need of protection.

(7) If the chief executive is not satisfied the amendment is necessary or desirable, the chief executive must—

(a) refuse the application; and

(b) give written notice to the applicant of the decision.

(8) The notice must—

(a) be given within 10 days after the chief executive decides to refuse the application; and

(b) state the reasons for the decision; and

(c) state the applicant may apply to the tribunal to have the decision reviewed; and

(d) state how, and the time within which, the applicant may apply to have the decision reviewed; and

(e) state any right the applicant has to have the operation of the decisions stayed.

(9) Subsection (8) (c) and (d) does not apply to a provisional certificate.