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reg 4

Approval of carers (Act s. 79(2)(a)(i))

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4 Approval of carers (Act s. 79(2)(a)(i))

(1)

The CEO may approve an individual for the purposes of section 79(2)(a)(i) if —

(a)

the CEO is satisfied that the individual —

(i)

is able to provide care for a child in a way that promotes the wellbeing of the child, promotes the child’s family and interpersonal relationships, and protects the child from harm; and

(ia)

is able to provide care for a child in a way that supports the child’s culture and identity; and

(ii)

is able to provide a safe living environment for a child; and

(iii)

is able to work cooperatively with officers, a child’s family and other people when providing care for a child; and

(iv)

is able to take responsibility for the development of their competency and skills as a carer; and

(v)

is a person of good character and repute;

and

(b)

a negative notice or an interim negative notice has not been issued to the individual under the Working with Children (Screening) Act 2004.

(2)

The CEO may, subject to subregulation (3), revoke an approval under subregulation (1) if —

(a)

the CEO can no longer be satisfied as to a matter referred to in subregulation (1)(a) in relation to the individual; or

(b)

a negative notice or an interim negative notice has been issued to the individual under the Working with Children (Screening) Act 2004; or

(c)

there are reasonable grounds for believing that the approval was obtained improperly.

(3)

Before revoking an approval the CEO must —

(a)

give a written notice to the individual —

(i)

stating the reasons for the proposed revocation; and

(ii)

informing the individual that the individual is entitled to make representations to the CEO in respect of the proposed revocation within 28 days after receipt of the notice;

and

(b)

have regard to any representations made within the period referred to in paragraph (a)(ii).

[Regulation 4 amended: SL 2022/49 r. 4 and 10.]

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