South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 99

99—Licence to carry on business as foster care agency

        (1)         The Chief Executive may, on an application under this section and by notice in writing, grant a licence to a person to carry on the business of a foster care agency.

        (2)         An application for a licence—

            (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)         The Chief Executive must not grant a licence to a person unless satisfied that—

            (a)         the person is a fit and proper person to hold a licence (including by having regard to the qualifications and experience in the field of foster care, or any other related field, of the persons who will be carrying on or managing the business, and of any employees of the business); and

            (b)         the person (or, in the case of a body corporate, each director of the body corporate) is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016 ; and

            (c)         a working with children check has been conducted in relation to the person (or, in the case of a body corporate, in relation to each director of the body corporate) within the preceding 5 years; and

            (d)         the system of management within the agency is appropriate; and

            (e)         the procedures proposed by the agency for the selection, approval, training and support of approved carers are appropriate; and

            (f)         the procedures proposed by the agency for the placement and supervision of children and young people are appropriate,

and may refuse to grant a licence for any reason the Chief Executive thinks fit.

        (4)         A licence may be conditional or unconditional.

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

        (6)         The holder of a licence under this Part must not refuse or fail to comply with a condition of the licence.

Maximum penalty:

            (a)         in the case of a natural person—Imprisonment for 1 year; or

            (b)         in the case of a body corporate—$50 000.

        (7)         Subject to this Act, a licence remains in force for a period of 12 months from the day on which it was issued, and may be renewed in accordance with the regulations for successive periods of 12 months.