Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 10.4 Approved care and protection organisations
Division 10.4.1 Important concepts
352A Meaning of organisation
In this Act:
"organisation" means—
(a) a corporation; or
(b) another body prescribed by regulation.
352B Meaning of care and protection purpose
In this Act:
"care and protection purpose", for an organisation—
(a) means a purpose—
(i) that relates to the exercise of a function under the care and protection chapters; or
(ii) prescribed by regulation as a care and protection purpose; but
(b) does not include a purpose prescribed by regulation to not be a care and protection purpose.
Examples—purpose under the care and protection chapters
1 An organisation may be approved as a suitable entity for the purpose of becoming authorised as a foster care service under s 517.
2 An organisation may be approved as a suitable entity for the purpose of becoming authorised as a residential care service under s 520 (see s 511).
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
352C Meaning of approved care and protection organisation
In this Act:
"approved" care and protection organisation means an organisation approved by the director-general under section 63 as a suitable entity for a care and protection purpose.
Note The purpose for which an organisation is approved must be recorded in the suitable entities register (see s 72 (2) (b)).
352D Meaning of responsible person for an approved care and protection organisation
In this Act:
"responsible person", for an approved care and protection organisation, means an individual approved by the director-general under section 63 as a suitable entity for the purpose of being responsible for the services provided by the organisation in the ACT.
Division 10.4.2 Approved care and protection organisations—ongoing suitability
352E Approved care and protection organisations—responsible person
An approved care and protection organisation must ensure that the organisation has at least 1 responsible person for the organisation at all times during the term of the approval.
352F Approved care and protection organisations—monitoring
(1) The director-general may monitor an approved care and protection organisation's ongoing suitability to be an approved care and protection organisation.
(2) In monitoring an organisation's ongoing suitability, the director-general may require the organisation to give a report to the director-general about the organisation's suitability.
(3) The director-general may make guidelines for monitoring approved care and protection organisations (the monitoring guidelines ).
(4) A monitoring guideline is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
Note 2 If a form is approved under s 886 for this provision, the form must be used.
Division 10.4.3 Approved care and protection organisations—complaints
352G Meaning of noncompliant
An approved care and protection organisation is noncompliant if the organisation is acting in a way that is inconsistent with the organisation's approval as a suitable entity for the care and protection purpose for which it is approved.
352H Complaints—making a complaint
(1) If a person believes on reasonable grounds that an approved care and protection organisation is noncompliant, the person may make a complaint to the director-general about the noncompliance.
(2) A complaint must—
(a) be in writing; and
(b) be signed by the person (the complainant ) making the complaint; and
(c) include the complainant's name and address.
(3) However, a complaint—
(a) may be made orally if the director-general is satisfied on reasonable grounds that exceptional circumstances justify action without a written complaint; and
Example—exceptional circumstances
Waiting until the complaint is put in writing would make action in response to the complaint impossible or impractical.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(b) need not include the complainant's name and address if the director-general is satisfied on reasonable grounds that exceptional circumstances justify action without the complainant's name and address.
(4) If a complaint is made orally under subsection (3) (a), the director-general must make a written record of the complaint as soon as practicable.
(5) If a complaint does not include the complainant's name and address under subsection (3) (b), the director-general need not report to the complainant under—
(a) section 352K (Complaints—investigation); or
(b) section 352M (Complaints—action after investigation).
(6) The director-general may make arrangements for people with particular communication needs to ensure they have adequate opportunity to make a complaint.
352I Complaints—withdrawing a complaint
(1) A complainant may withdraw the complaint at any time by written notice to the director-general.
(2) If the complainant withdraws the complaint, the director-general—
(a) need not, but may, take further action on the complaint; and
(b) if the director-general takes further action—need not report to the complainant under section 352M (Complaints—action after investigation) on the results of taking the action.
352J Complaints—further information or verification
(1) The director-general may, at any time, require a complainant—
(a) to give the director-general further information about the complaint; or
(b) to verify all or part of the complaint by statutory declaration.
Note The Statutory Declarations Act 1959
(Cwlth) applies to the making of statutory declarations under ACT laws.
(2) If the director-general makes a requirement, the director-general must give the complainant a reasonable period of time to satisfy the requirement and may extend that period, whether before or after it ends.
(3) If the complainant does not comply with a requirement, the director-general need not, but may, take further action on the complaint.
352K Complaints—investigation
(1) The director-general must take reasonable steps to investigate each complaint the director-general accepts for consideration.
(2) Before investigating a complaint, the director-general must—
(a) tell the complainant, in writing, that the complaint is to be investigated; and
(b) tell the approved care and protection organisation the subject of the complaint, in writing—
(i) that the director-general has received a complaint about the organisation; and
(ii) the details of the complaint; and
(iii) that the director-general is going to investigate the complaint; and
(iv) that the organisation may make an oral or written submission to the director-general about the complaint.
(3) However, if the director-general considers that disclosure of a particular detail of the complaint (including the complainant's name or address) may have an adverse effect on the complainant, the director-general—
(a) must not disclose the detail; and
(b) may instead include a general statement about the detail.
352L Complaints—no further action
The director-general must not take further action on a complaint if satisfied that the complaint—
(a) lacks substance; or
(b) is frivolous, vexatious or was not made genuinely; or
(c) has been adequately dealt with.
352M Complaints—action after investigation
(1) After investigating a complaint against an approved care and protection organisation, the director-general must—
(a) if satisfied on reasonable grounds that the organisation is noncompliant—give the organisation—
(i) a noncompliance notice; or
(ii) a noncompliance direction; or
(iii) an intention to cancel notice; and
Note
Noncompliance notice —see
s 352N.
"Noncompliance direction"—see
s 352O.
"Intention to cancel notice"—see s 352Q.
(b) if not satisfied that the organisation is noncompliant—
(i) tell the complainant, in writing, that the director-general will not take further action on the complaint; and
(ii) not take further action on the complaint.
(2) Subsection (1) (b) (ii) does not prevent the director-general from taking further action on a complaint if the director-general later becomes satisfied that the organisation is noncompliant.
Note The director-general need not notify the complainant under s (1) if—
• the complaint does not include the complainant's name and address (see s 352H); or
• the complainant has withdrawn the complaint (see s 352I).
Division 10.4.4 Approved care and protection organisations—intervention
352N Intervention—noncompliance notice
(1) This section applies if the director-general suspects on reasonable grounds that an approved care and protection organisation is noncompliant or likely to become noncompliant.
(2) The director-general may give the organisation a notice about the noncompliance (a noncompliance notice ).
(3) A noncompliance notice must—
(a) be in writing; and
(b) state the action that is noncompliant; and
(c) describe how the action is noncompliant; and
(d) invite the organisation to make an oral or written submission to the director-general about the noncompliance; and
Example
a submission describing how the organisation has changed a procedure to be consistent with the approval
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(e) state a reasonable date (the due date ) for responding to an invitation in paragraph (d).
Note The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act
, s 46).
352O Intervention—noncompliance direction
(1) This section applies if—
(a) the director-general—
(i) suspects on reasonable grounds that an approved care and protection organisation is noncompliant or likely to become noncompliant; and
(ii) considers that the noncompliance would be better dealt with under this section than by giving the organisation a noncompliance notice; or
(b) the director-general has given an approved care and protection organisation a noncompliance notice about the noncompliance and the organisation—
(i) has not responded during the submission period; or
(ii) has responded by the due date but the director-general is satisfied that the organisation is still noncompliant or likely to become noncompliant.
(2) The director-general may give the organisation a direction to end the noncompliance (a noncompliance direction ).
(3) A noncompliance direction must—
(a) be in writing; and
(b) state the action that is noncompliant; and
(c) describe how the action is noncompliant; and
(d) state the action to be taken, or not taken, to end the noncompliance; and
(e) state a reasonable time for the organisation to comply with the direction; and
(f) state that the organisation may make an oral or written submission to the director-general about the noncompliance.
Note The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act
, s 46).
352P Intervention—suspension if child or young person unsafe
(1) This section applies if the director-general believes on reasonable grounds that—
(a) a child or young person is receiving a service from an approved care and protection organisation; and
(b) the child or young person is unsafe; and
(c) the exercise of the director-general's powers under this section is necessary to protect the child or young person.
Note 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).
(2) The director-general may give the approved care and protection organisation a written notice (a safety suspension notice ) suspending 1 or more of the organisation's approvals under section 63 for care and protection purposes for a period not longer than 28 days.
Note Care and protection purpose —see s 352B.
(3) If an organisation's approval is suspended by a safety suspension notice and the approval is for the purpose of becoming authorised as a—
(a) foster care service under section 517, the organisation's authorisation under section 517 is also suspended for the period of the safety suspension notice; or
(b) residential care service under section 520, the organisation's authorisation under section 520 is also suspended for the period of the safety suspension notice.
(4) A safety suspension notice must include a statement advising the care and protection organisation that the organisation may make a written submission to the director-general about the suspension.
(5) If the director-general gives a safety suspension notice to an approved care and protection organisation, the director-general must also take reasonable steps to tell a person with daily care responsibility for each child or young person likely to be affected about the suspension.
Note Daily care responsibility —see s 19.
352Q Intervention—intention to cancel notice
(1) This section applies if—
(a) the director-general—
(i) suspects on reasonable grounds that an approved care and protection organisation is noncompliant or likely to become noncompliant; and
(ii) considers that the noncompliance would be better dealt with under this section than by giving the organisation a noncompliance notice or noncompliance direction; or
(b) the director-general has given an approved care and protection organisation a noncompliance direction about the noncompliance and the organisation has not complied with the direction.
(2) The director-general may give the organisation notice that the director-general intends to cancel the organisation's approval (an intention to cancel notice ).
(3) An intention to cancel notice must—
(a) be in writing; and
(b) state that the director-general intends to cancel the organisation's approval because of the organisation's failure to comply with the noncompliance direction; and
(c) state that the organisation may give a written submission to the director-general showing cause why the organisation's approval should not be cancelled; and
(d) state that submissions may be given to the director-general only during the 28 working days after the day the intention to cancel notice is given to the organisation.
(4) If the director-general gives an intention to cancel notice to an organisation, the director-general must also take reasonable steps to tell a person with daily care responsibility for each child or young person likely to be affected about the notice.
Note Daily care responsibility —see s 19.
352R Intervention—cancellation
(1) This section applies if the director-general gives an approved care and protection organisation an intention to cancel notice under section 352Q.
(2) If the organisation makes a submission in accordance with the intention to cancel notice, the director-general—
(a) must consider the submission; and
(b) may consider any other relevant matter; and
(c) must decide to either—
(i) cancel the organisation's approval; or
(ii) revoke the intention to cancel notice.
(3) If the organisation does not make a submission in accordance with the intention to cancel notice, the director-general must cancel the organisation's approval.
(4) If the director-general decides to revoke the intention to cancel notice, the director-general must tell the following people about the decision:
(a) the organisation;
(b) anyone else who was told under section 352Q (4) about the intention to cancel notice.
352S Intervention—cancellation notice
(1) This section applies if the director-general decides to cancel an approved care and protection organisation's approval under section 352R.
(2) The director-general must give a written notice (a cancellation notice ) to the organisation, cancelling the approval starting on the date stated in the notice (the cancellation date ).
(3) If the director-general gives a cancellation notice to the organisation, the director-general must also take reasonable steps to tell a person with daily care responsibility for each child or young person likely to be affected about the cancellation.
Note Daily care responsibility —see s 19.
(4) The cancellation notice must be given to the organisation at least—
(a) 20 working days before the cancellation date; or
(b) if the director-general decides another day that is a day before the cancellation date—the other day.
352T Intervention—guidelines
(1) The director-general may make guidelines for this division (the intervention guidelines ).
(2) An intervention guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
Division 10.4.5 Approved care and protection organisations—surrendering approval
352U Surrendering approval
(1) An approved care and protection organisation may surrender the approval by giving written notice of the surrender to the director-general.
Note If a form is approved under s 886 for this provision, the form must be used.
(2) The surrender takes effect only after the director-general notifies the organisation that the surrender has been accepted.
Division 10.4.6 Approved care and protection organisations register
352V Approved care and protection organisations register
(1) The director-general must keep a record of organisations that are approved care and protection organisations (the organisations register ).
(2) The organisations register must include the following details for each approved care and protection organisation:
(a) the name of the organisation;
(b) the organisation's ABN (if any);
(c) if the organisation is a corporation—the corporation's ACN;
(d) a unique approval number;
(e) the name of the responsible person for the organisation;
(f) the care and protection purpose for which the organisation is approved;
(g) any of the following given to the organisation:
(i) a noncompliance notice;
(ii) a noncompliance direction;
(iii) a safety suspension notice;
(iv) an intention to cancel notice;
(v) a cancellation notice;
(h) if the organisation's approval has been cancelled at any time—details of the cancellation;
(i) anything else prescribed by regulation.
(3) The organisations register may include anything else the director-general considers is in the public interest.
(4) The organisations register may be kept in any form, including electronically, that the director-general decides.
(5) The director-general must make the organisations register publicly accessible.
Example—publicly accessible
published on the directorate website
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).