Queensland Numbered Acts

CHILD SAFETY LEGISLATION AMENDMENT ACT 2005 No. 40 - SECT 38

Sections 132 to 135--

omit, insert--

'(1) A person may apply to the chief executive to be issued with a certificate.

'(2) The application must be in the approved form.

'(3) The approved form may require the disclosure of--

(a) the applicant's criminal history, domestic violence history and traffic history; and

(b) the membership of the applicant's household; and

(c) information of which the applicant is aware, or that the applicant reasonably suspects, about the criminal history, domestic violence history and traffic history of each member of the applicant's household.

'(4) The application must be signed by the applicant and each adult member of the applicant's household.

Note--

Under division 7, the chief executive may obtain information about the applicant and adult members of the applicant's household direct from the police commissioner and the chief executive for transport.

'(5) If the chief executive decides to grant the application, the chief executive must issue a certificate and give it to the applicant.

'(6) The certificate may be issued subject to the reasonable conditions the chief executive considers appropriate.

'(7) If it is a kinship carer certificate, it must relate only to the care of 1 child.

'(8) The matters stated in the certificate must include the following--

(a) the approved carer's name;

(b) whether the carer is an approved foster carer or approved kinship carer;

(c) for a kinship carer certificate--the name of the child for whom the carer is approved;

(d) any conditions of the certificate;

(e) the day of its issue;

(f) the day on which it is due to expire (the expiry day).

'(9) The expiry day must be--

(a) for a foster carer certificate--1 year from the day of issue; or

(b) for a kinship carer certificate--not more than 1 year from the day of issue.

'(10) Subject to this Act, the certificate has effect until the expiry day.

'(1) Before a certificate ends, the holder may apply to the chief executive to renew the certificate.

'(2) The application must be in the approved form.

'(3) The approved form may require the disclosure of a change to any of the following information that has not been previously notified to the chief executive--

(a) the applicant's criminal history, domestic violence history and traffic history;

(b) the membership of the applicant's household;

(c) information of which the applicant is aware, or that the applicant reasonably suspects, about the criminal history, domestic violence history and traffic history of a member of the applicant's household.

'(4) The application must be signed by the applicant and each adult member of the applicant's household.

Note--

Under division 7, the chief executive may obtain information about the applicant and adult members of the applicant's household direct from the police commissioner and the chief executive for transport.

'(5) If the chief executive decides to grant the application, the chief executive must issue a new certificate and give it to the applicant.

'(6) The matters stated in the certificate must include the following--

(a) that it is a renewed certificate;

(b) the approved carer's name;

(c) whether the carer is an approved foster carer or approved kinship carer;

(d) for a kinship carer certificate--the name of the child for whom the carer is approved;

(e) any conditions of the certificate;

(f) the day of its issue;

(g) the day on which it is due to expire (the expiry day).

'(7) The conditions may only include conditions that applied immediately before the renewal.

Note--

The conditions may be changed by amending the certificate under division 4.

'(8) The expiry day must be--

(a) for a foster carer certificate--2 years from the day of issue; or

(b) for a kinship carer certificate--not more than 2 years from the day of issue.

'(9) Subject to this Act, the certificate has effect until the expiry day.

'The chief executive must not grant an application for, or to renew, a certificate unless the chief executive is satisfied of the following matters--

(a) for a foster carer certificate--

(i) the applicant is a suitable person to be an approved foster carer; and

(ii) all members of the applicant's household are suitable persons to associate on a daily basis with children; and

(iii) the applicant is able to meet the standards of care in the statement of standards; and

(iv) the applicant is able to help in appropriate ways towards achieving plans for the protection of a child placed in the carer's care;

(b) for a kinship carer certificate--

(i) the applicant is kin to the child to whom the approval relates; and

(ii) the applicant is a suitable person to be an approved kinship carer for the child; and

(iii) all members of the applicant's household are suitable persons to associate on a daily basis with the child; and

(iv) the applicant is able to meet the standards of care in the statement of standards; and

(v) the applicant is able to help in appropriate ways towards achieving plans for the child's protection.'.