CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 93

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 93

93 .         Initial review

        (1)         An application for the review of a care planning decision may be made to the CEO by —

            (a)         the child; or

            (b)         a parent of the child; or

            (c)         any carer of the child; or

            (d)         any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child.

        (2A)         An application for the review of a decision under section 89(7) may be made to the CEO by the person given notice of the decision under section 89(8).

        (2)         An application under subsection (1) or (2A) —

            (a)         must be in writing; and

            (b)         must set out the grounds on which a review is sought.

        (3)         An application under subsection (1) must be made within —

            (a)         14 days after the day on which the applicant received a copy of a care plan or modification of a care plan setting out the relevant care planning decision; or

            (b)         any longer period that the CEO in special circumstances allows.

        (4A)         An application under subsection (2A) must be made within —

            (a)         14 days after the day on which the applicant received written notice of the decision under section 89(8); or

            (b)         any longer period that the CEO in special circumstances allows.

        (4)         The CEO must refer an application under subsection (1) or (2A), together with such other material as the CEO considers relevant, to the care plan review panel.

        (5)         On a referral under subsection (4) the care plan review panel must consider the application and other material (if any) and report to the CEO on its recommendations in respect of the application.

        (6)         The CEO, after considering the report of the care plan review panel and other information available to the CEO, must —

            (a)         confirm, vary or reverse the care planning decision or decision under section 89(7); or

            (b)         substitute another decision for the care planning decision or decision under section 89(7); or

            (c)         refer the matter back to the care plan review panel for further consideration and report.

        (7)         The CEO must give the applicant written notice of his or her decision under subsection (6) and written reasons for it.

        (8)         If an application is made under subsection (1), the decision that is the subject of the application continues to have effect pending the review unless the CEO otherwise directs.

        [Section 93 amended: No. 49 of 2010 s. 13; No. 23 of 2015 s. 41.]