South Australian Current Acts

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CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 72

72—Approval of carers

        (1)         The Chief Executive may, on an application under this section and by notice in writing, approve a person as an approved carer for the purposes of this Act.

        (2)         An application for approval—

            (a)         must be made in a manner and form determined by the Chief Executive; and

            (b)         must be accompanied by any information or documents as may be required by the Chief Executive.

        (3)         In determining an application for approval, the Chief Executive must—

            (a)         act in accordance with any relevant policies published under section 19; and

            (b)         have regard to—

                  (i)         the operation of the Child Safety (Prohibited Persons) Act 2016 ; and

                  (ii)         whether the person is willing and able to care for each child or young person placed in their care in a manner consistent with Chapter 2 and this Act generally; and

                  (iii)         if relevant, whether the person will, where appropriate—

                        (A)         provide opportunities for the child or young person to maintain or recover their identity as a member of their own family and will allow the child or young person reasonable access to their own family; and

                        (B)         assist the child or young person to return to their own family; and

                  (iv)         any other matter prescribed by the regulations for the purposes of this paragraph,

however, the Chief Executive may refuse to approve a person for any reason the Chief Executive thinks fit.

        (4)         The Chief Executive must impose on each approval—

            (a)         a condition setting out the kind of out of home care that can be provided by the approved carer; and

            (b)         the maximum number of children and young people that the approved carer is permitted to have in their care,

and may impose such other conditions as the Chief Executive thinks appropriate.

        (5)         The Chief Executive may, by notice in writing, vary, substitute or revoke a condition of an approval.

        (6)         An approved carer must not refuse or fail to comply with a condition of an approval.

Maximum penalty: $10 000.



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