CHILD PROTECTION ACT 1999 - SECT 139
Authority may be suspended or cancelled
CHILD PROTECTION ACT 1999 - SECT 139
Authority may be suspended or cancelled
139 Authority may be suspended or cancelled
(1) The chief executive may suspend or cancel an authority on the following
grounds—
(a) if the authority is a licence—a relevant person, for the
licence, is not a suitable person;
(b) if the authority is a certificate of
approval as an approved foster carer—
(i) the holder of the certificate is
not a suitable person to be an approved foster carer; or
(ii) a member of the
holder’s household is not a suitable person to associate on a daily basis
with children;
(c) if the authority is a certificate of approval as an
approved kinship carer—
(i) the holder of the certificate is not a suitable
person to be an approved kinship carer for the child to whom the approval
relates; or
(ii) a member of the holder’s household is not a suitable
person to associate on a daily basis with the child to whom the approval
relates;
(d) if the authority is a certificate of approval as a provisionally
approved carer—
(i) the holder is not a suitable person to be a
provisionally approved carer for the child to whom the approval relates; or
(ii) a member of the holder’s household is not a suitable person to
associate on a daily basis with the child to whom the approval relates; or
(iii) the chief executive has decided to refuse the holder’s application for
a certificate of approval as an approved foster carer or approved kinship
carer;
(e) the holder is not meeting the standards required under the
authority or another condition of the authority;
(f) the holder has
contravened a provision of this Act;
(g) the authority was issued because of
a materially false or misleading representation or declaration (made either
orally or in writing);
(h) it is inappropriate for the holder to continue to
hold the authority because of—
(i) information given to the chief executive
under division 6 or the Working with Children Act , other than information in
relation to which the chief executive must suspend or cancel the authority
under subdivision 3 ; or
(ii) a circumstance prescribed under a regulation.
(2) The chief executive may cancel a certificate of approval if the holder
lives with the holder’s spouse but does not hold the certificate jointly
with the spouse.
(3) The chief executive may cancel a certificate of approval
held jointly by 2 persons if—
(a) when the certificate was issued to them,
they were spouses living together; and
(b) they have stopped being spouses or
stopped living together; and
(c) the chief executive considers it
inappropriate in all the circumstances for them to continue to jointly hold
the certificate.
(4) However, if the holder of a certificate of approval
mentioned in subsection (2) or (3) (the
"current certificate" ) applies for another certificate of approval, the chief
executive must not cancel the current certificate under subsection (2) or (3)
until the application is decided.
(5) Also, the chief executive may suspend
or cancel an authority if any of the following persons does not hold a working
with children authority—
(a) if the authority is a licence—a
relevant person for the licence;
(b) if the authority is a certificate of
approval—the holder of the certificate or an adult member of the holder’s
household.
(6) Subsection (5) does not apply to an authority that may be
suspended or cancelled under subdivision (3).
(7) In this section—
"relevant person" , for a licence, means—
(a) a director of the licensee; or
(b) the nominee for the licence; or
(c) a person responsible for directly
managing a licensed care service operated under the licence; or
(d) a person
who is performing a risk-assessed role for a licensed care service operated
under the licence.