Queensland Numbered Acts

CHILD SAFETY LEGISLATION AMENDMENT ACT 2005 No. 40 - SECT 41

Chapter 4, part 2, after division 3--

insert--

'(1) This division applies to a certificate of approval as a provisionally approved carer.

'(2) The purpose of this division is to enable the chief executive to give limited approval to a person to care for a particular child in circumstances where--

(a) the person has been provisionally assessed as suitable to care for the child; and

(b) it is not possible, or not in the child's best interests, for the child to be placed in the care of an approved kinship carer for the child, approved foster carer, entity conducting a departmental care service or licensee.

'(1) Only an individual is eligible to hold a certificate.

'(2) Two or more individuals may hold a certificate jointly.

'(3) A person living with his or her spouse may only hold a certificate jointly with the spouse.

'(4) A person may hold more than 1 certificate.

'The chief executive may decide to issue a person with a certificate relating to the care of a particular child if--

(a) the chief executive proposes to place the child in care under this Act; and

(b) the person has applied for a certificate of approval as--

(i) an approved foster carer; or

(ii) an approved kinship carer for the child; and

(c) the application has not yet been decided; and

(d) the person agrees to being issued with a certificate of approval as a provisionally approved carer for the child; and

(e) the chief executive is satisfied of the following matters--

(i) the person is a suitable person to be a provisionally approved carer for the child;

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

(iii) the person is able to meet the standards of care in the statement of standards.

'(1) If the chief executive makes a decision under section 136C, the chief executive must issue a certificate and give it to the applicant.

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

'(3) The certificate must relate only to the care of 1 child.

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

(a) the approved carer's name;

(b) that it is a certificate of approval as a provisionally approved carer;

(c) 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).

'(5) The expiry day must be not more than 60 days from the day of issue.

'(6) Subject to this Act, the certificate has effect until the earlier of the following days--

(a) the expiry day;

(b) the day the carer is--

(i) issued with a foster carer certificate or kinship carer certificate for the child; or

(ii) given written notice that the carer's application for a foster carer certificate or kinship carer certificate for the child has been refused.'.