CHILDREN'S SERVICES ACT 1996 - SECT 41 Decision on application

CHILDREN'S SERVICES ACT 1996 - SECT 41

    (1)     The Regulatory Authority must not grant a provider approval to a person who has made an application under section 39 or 40 unless the Regulatory Authority is satisfied that the person is a fit and proper person to be involved in the provision of a children's service.

    (2)     Sections 12, 13 and 14 apply to the assessment of a person under subsection (1).

    (3)     Subject to this section, the Regulatory Authority may—

        (a)     grant the provider approval; or

        (b)     grant the provider approval subject to conditions; or

        (c)     refuse to grant the provider approval.

    (4)     An approval under this section—

        (a)     may be granted for a period of not more than 6 months; and

        (b)     may be extended or further extended for periods of not more than 6 months—

at the discretion of the Regulatory Authority.

    (5)     The provider approval is granted only in relation to the operation of the approved children's services of the approved provider for whom the applicant is the executor, legal personal representative or guardian, as the case requires.

Pt 3 (Heading and ss 9– 25) substituted as Pt 3 (Heading and ss 9–25U) by No. 22/2008 s. 8, amended by Nos 29/2011 s. 3(Sch.  1 item 10.2), 80/2011 ss 8– 28, 9/2017 ss 70,  71, substituted as Pt 3 (Headings and ss 42 – 100) by No. 37/2019 s. 8.

Part 3—Service approval

Division 1—Application for service approval

New s. 42 inserted by No. 37/2019 s. 8.