Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 524

    (1)     The director-general may revoke an approved residential care organisation's authorisation under section 520 as a residential care service if satisfied that the organisation—

        (a)     is not an approved residential care organisation; or

        (b)     has not acted as a residential care service in the previous 12 months; or

        (c)     is no longer available to act as a residential care service.

Example—par (c)

an entity closes its places of care in the ACT

Note     The authorisation is suspended if the organisation's approval is suspended under s 352P.

    (2)     The director-general may also revoke an approved residential care organisation's authorisation if the organisation asks the director-general to revoke the authorisation.

    (3)     Before revoking an organisation's authorisation under subsection (1), the director-general must—

        (a)     give the organisation written notice of the director-general's intention to revoke the authorisation, including the director-general's reasons; and

        (b)     tell the organisation that the organisation may make a submission, in writing, to the director-general about the notice not later than 14 days after the day the notice is given to the organisation; and

        (c)     if the organisation makes a submission—consider the submission.

    (4)     After considering any submission, the director-general may consider any other relevant matter and must decide to either—

        (a)     revoke the authorisation; or

Note     A decision under this paragraph is a reviewable decision (see  s 839).

        (b)     revoke the notice of intention to revoke.

    (5)     This section is in addition to the Legislation Act

, section 180 (Power to make decision includes power to reverse or change).

Note 1     Under the Legislation Act

, s 180, power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision.

Note 2     An authorised person may, at any reasonable time, enter premises where a child or young person is living if the director-general has placed the child or young person with an out-of-home carer under s 512 and the purpose of the entry is to ensure that the child or young person is being properly cared for (see  s 815).

Note 3     An official visitor also inspects places of care and handles complaints made by children and young people who are placed with a residential care service and accommodated at a place of care (see pt 2.3 and Official Visitor Act 2012

).