Queensland Numbered Acts

CHILD SAFETY LEGISLATION AMENDMENT ACT 2005 No. 40 - SECT 44

After section 138--

insert--

'(1) This section applies to a certificate of approval as an approved kinship carer.

'(2) The chief executive may amend the certificate to extend its expiry day if--

(a) the certificate is still in force; and

(b) the chief executive is satisfied the amendment is appropriate and desirable to meet the needs of the child for whom the holder is approved; and

(c) the holder agrees to the amendment.

'(3) The expiry day may only be extended to a day that is--

(a) for an initial certificate--not more than 1 year after the day it is issued; or

(b) for a renewed certificate--not more than 2 years after the day it is issued.

'(4) In this section--

expiry day means the day on which the certificate is due to expire.

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

'(2) The chief executive may amend the certificate to extend its expiry day if--

(a) the certificate is still in force; and

(b) the chief executive considers the holder's application for a certificate of approval as an approved foster carer or approved kinship carer is likely to be decided within the period of the proposed extension; and

(c) the chief executive is satisfied the amendment is appropriate and desirable to meet the needs of the child for whom the holder is approved; and

(d) the holder agrees to the amendment.

'(3) Despite section 136D(5), the expiry day may be extended to a day that is more than 60 days after the day the certificate was issued.

'(4) The expiry day may not be extended by more than 30 days.

'(5) The expiry day may only be extended once.

'(6) In this section--

expiry day means the day on which the certificate is due to expire.

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

'(2) The chief executive may amend the certificate at any time if--

(a) the holder agrees to the amendment; or

(b) the chief executive considers it is necessary or desirable because--

(i) the holder is not meeting the standards required under the certificate or a condition of the certificate; or

(ii) the holder has contravened a provision of this Act; or

(iii) the certificate was issued because of a materially false or misleading representation or declaration (made either orally or in writing); or

(iv) the chief executive has obtained further information relating to the holder's application for a certificate of approval as an approved foster carer or approved kinship carer; or

(v) of another circumstance prescribed under a regulation.

'(3) If the chief executive decides to amend the certificate under subsection (2)(b), the chief executive must give the holder a written notice stating--

(a) the amendment; and

(b) the reasons for the decision to make the amendment.

'(4) This section does not apply to an amendment of the certificate to extend its expiry day.'.