Division 122A Interim accreditation as designated agency
(1) This clause applies to the following bodies or organisations that, immediately before 15 July 2003, were providing out-of-home care to a child or young person, or arranging for the provision of such care:(a) a government department,(b) a residential child care centre licensed under the old Act,(c) a residential child care centre referred to in clause 34 of the Children (Care and Protection) Regulation 1996 (being a centre funded through the Department’s Substitute Care Program),(d) an authorised private fostering agency authorised under the old Act,(e) a private fostering agency funded through the Department’s Substitute Care Program,(f) any other body or organisation funded through the Department or the Department of Ageing, Disability and Home Care to provide the out-of-home care.(2) For the purposes of the new Act, a body or organisation to which this clause applies is taken to be accredited as a designated agency under the new Act, this Regulation and the principal Regulation during the transition period of the body or organisation, but only in respect of the kind of out-of-home care it was providing immediately before 15 July 2003.(3) The transition period of a body or organisation to which this clause applies is the period that began on 15 July 2003 and that ends:(a) if the body or organisation has made an application for accreditation—when the decision on the application takes effect, or(b) if the body or organisation has made an application for accreditation and the application is withdrawn—when the application is withdrawn, or(c) if the body or organisation’s accreditation is cancelled—when the cancellation takes effect, or(d) on 14 July 2013,whichever occurs first.(4) For the avoidance of doubt, if a branch or part of a body or organisation to which this clause applies makes an application for accreditation, the decision to accredit or not to accredit the branch or part does not terminate the accreditation under this clause of the body or organisation.
22AA Interim accreditation as designated agency of Community Services branch and Ageing, Disability and Home Care branch
(1) The following branches or parts of the Department of Human Services are taken to be accredited as designated agencies under the new Act, this Regulation and the principal Regulation:(a) Community Services,(b) Ageing, Disability and Home Care.(2) Accreditation under this clause ceases to have effect in relation to a branch or part of the Department of Human Services on whichever of the following occurs first:(a) the decision on the application for accreditation by the branch or part takes effect,(b) the application for accreditation by the branch or part is withdrawn,(c) the branch or part’s accreditation is cancelled,(d) 14 July 2013.(3) For the avoidance of doubt, if a branch or part of Community Services or Ageing, Disability and Home Care makes an application for accreditation, the decision to accredit or not to accredit the branch or part does not terminate the accreditation under this clause of Community Services or Ageing, Disability and Home Care (as the case may be).(4) A reference in clause 22B to a department of the Public Service includes a reference to a branch or part of a department.
22B Requirements for progressive achievement by transitional designated agencies
(1) The object of this clause is to enable a transitional designated agency, by 14 July 2013, to progressively satisfy the accreditation criteria that apply to the agency and be accredited under clause 36A of the principal Regulation.(2) The transitional designated agency must meet the minimum standards or other criteria determined by the Minister, from time to time, on the recommendation of the Children’s Guardian, for the transitional designated agency by the dates determined by the Children’s Guardian.(3) The Children’s Guardian is to keep the dates determined by it under review and may change any date from time to time by notice to the designated agency concerned. The Children’s Guardian cannot determine an earlier date without the consent of the designated agency concerned.(4) The Children’s Guardian may require the transitional designated agency to furnish to the Children’s Guardian such further information as the Children’s Guardian may reasonably require in order to assess whether the transitional designated agency has complied with subclause (2).(5) If a transitional designated agency, not being a department of the Public Service, fails to comply with subclause (2), the Children’s Guardian may require the transitional designated agency, by notice in writing, to show cause within such reasonable period as is specified in the notice (being at least 28 days from the date on which the notice was given), why the transitional designated agency’s application for accreditation should not be refused.(6) If the transitional designated agency fails to show cause under subclause (5), to the satisfaction of the Children’s Guardian, the Children’s Guardian may refuse the application.Note. Under section 245 (1) (b) of the Act, a decision of the relevant decision-maker is reviewable by the Administrative Decisions Tribunal.(7) If the transitional designated agency is a department of the Public Service and fails to comply with subclause (2), the Children’s Guardian must report the failure to the Minister.(8) The principal Regulation does not apply to a transitional designated agency accredited under clause 22A or 22AA, except as provided by this Division.(9) This clause ceases to have effect on 14 July 2013.
22C Application of principal Regulation to applications by transitional designated agency for accreditation
(1) This clause applies to a transitional designated agency that made, before 14 July 2005, an application under this Regulation to the Children’s Guardian for accreditation as a designated agency and the application has not been determined or withdrawn.(2) Any such application by a transitional designated agency is to be dealt with in accordance with the principal Regulation, except as provided by this clause.(3) A transitional designated agency may withdraw its application for accreditation at any time.(4) A body or agency that applied to the Children’s Guardian for voluntary accreditation between 1 July 2002 and 14 July 2003 by completing an “Application for Accreditation” form issued by the Children’s Guardian is taken to have applied for accreditation as a designated agency.(5) An application by an agency referred to in subclause (1) or (3) is taken to be an application for accreditation under the principal Regulation, made in accordance with that Regulation, and clause 35 of that Regulation does not apply to any such application.(6) An application for accreditation by a transitional designated agency may not be:(a) taken over under clause 35A of the principal Regulation, or(b) deferred under clause 35B of that Regulation.(7) If the Children’s Guardian is satisfied that a transitional designated agency’s application for accreditation should not have been refused, the Children’s Guardian may reinstate the application and the application is taken to have continued in existence as if it had not been refused and the agency is taken to have continued to be a transitional designated agency.(8) Clause 36C (Children’s Guardian may set aside decision not to accredit) of the principal Regulation does not apply to an application by a transitional designated agency for accreditation.
22CA Application of principal Regulation to transfer of accreditations of transitional designated agencies
(1) An accreditation of a transitional designated agency under clause 22A or 22AA may be transferred in accordance with the provisions of the principal Regulation.(2) If the accreditation of a transitional designated agency is transferred in accordance with clause 37B of the principal Regulation:(a) the transferee is taken to be a transitional designated agency, and(b) the transition period that applied to the transferor applies to the transferee.
22CB Conditions on accreditation of transitional designated agencies
(1) The Children’s Guardian may impose conditions on an accreditation of a transitional designated agency under clause 22A or 22AA in accordance with the principal Regulation, except as provided by this clause.(2) A condition may be imposed under clause 39 (2) of the principal Regulation on the accreditation of a transitional designated agency only if:(a) the Children’s Guardian has, on reasonable grounds, a concern that an act or omission of the transitional designated agency (including, but not limited to, an act or omission of its principal officer) may adversely affect the safety, welfare or well-being of a child or young person or class of children or young persons, and(b) the Children’s Guardian has, given a notice in accordance with subclause (3) to the transitional designated agency, and(c) the transitional designated agency has not addressed the concern specified in that notice within the period specified under subclause (3) (c), and(d) having considered any notification given by the transitional designated agency as referred to in subclause (3) (d), the Children’s Guardian is of the opinion that imposition of a condition is appropriate.(3) The notice is to be in writing and must contain the following matters:(a) particulars of the concern that the Children’s Guardian has,(b) a request that the transitional designated agency address the concern by the date specified in the notice (being at least 28 days from the date on which the notice was given),(c) notice that a specified condition may be imposed on the transitional designated agency’s accreditation if the agency does not address the concern before the date specified in the notice,(d) notice that the transitional designated agency may, no later than 28 days from the date on which the notice was given, notify the Children’s Guardian in writing that:(i) the agency believes that there is no reasonable grounds for the Children’s Guardian’s concern, or(ii) that the period specified under paragraph (b) does not give the agency a reasonable time to address the concern, or(iii) that the condition proposed pursuant to the notice is unreasonable and set out the grounds for this belief.(4) Any condition imposed under clause 39 (2) of the principal Regulation on the accreditation of a transitional designated agency must be in substantially the same terms as the condition proposed under subclause (3) (c).(5) A condition may not be imposed under clause 39 (3) of the principal Regulation on the accreditation of a transitional designated agency.(6) Subclauses (2)–(4) do not apply to the imposition under clause 39 (2) of the principal Regulation of a condition that relates solely to the provision, arrangement or supervision of voluntary out-of-home care.(7) A condition imposed on the accreditation of the Department of Community Services or the Department of Ageing, Disability and Home Care in accordance with this clause and in force immediately before the abolition of those departments is taken to be a condition imposed in accordance with this clause on the accreditation under clause 22AA of Community Services or Ageing, Disability and Home Care (as the case may be).
22CD Action against accreditation of transitional designated agency
(1) The Children’s Guardian may take action under clause 40 of the principal Regulation in relation to an accreditation of a transitional designated agency under clause 22A or 22AA, except as provided by this clause.(2) The Children’s Guardian may not suspend or cancel the accreditation of a transitional designated agency on the grounds set out in clause 40 (2) (f) or (g) of the principal Regulation.(3) If the accreditation of a transitional designated agency is suspended, the transition period for the agency is not extended by the suspension.(4) The accreditation of a transitional designated agency may not be shortened under clause 40 of the principal Regulation.
22D Deemed authorisation as authorised carer authorised by designated agency
(1) This clause applies to the following persons:(a) a person in whose care a child or young person was placed by an authorised private fostering agency under the old Act and who, immediately before the commencement of this clause, had the care of that child or young person,(b) a person in whose care a child or young person was placed by a private fostering agency funded through the Department’s Substitute Care Program under the old Act and who, immediately before the commencement of this clause, had the care of that child or young person,(c) a person who, immediately before the commencement of this clause, cared for a child or young person at a licensed residential child care centre under the old Act,(d) a person in whose care a child or young person was placed by, or with the written approval of, the Minister or the Director-General under the old Act and who, immediately before the commencement, had the care of that child or young person,(e) a person in whose custody a ward or protected person was placed by the Minister under section 91 (1) (d) or (f) of the old Act and who, immediately before the commencement of this clause, had the custody of that ward or protected person.(2) A person to whom this clause applies is taken to be an authorised carer authorised by a designated agency under section 137 (1) (b) of the new Act.(3) The designated agency that is taken to have authorised the person as an authorised carer is:(a) in the case of a person referred to in subclause (1) (a) or (b)—the private fostering agency who placed the child or young person in the care of the person, or(b) in the case of a person referred to in subclause (1) (c)—the licensed residential child care centre, or(c) in the case of a person referred to in subclause (1) (d) or (e)—the Department.(4) In this clause, ward and protected person have the same meanings as in the old Act.
22E Interim authorisation as authorised carer for holder of fostering authority
(1) This clause applies to a person who, immediately before the commencement of this clause, held a fostering authority under section 43 of the old Act.(2) A person to whom this clause applies is taken to be an authorised carer authorised by a designated agency under section 137 (1) (b) of the new Act.(3) However, if the fostering authority held by the person specified the child or young person to whom it applied, the person is taken to be an authorised carer only in relation to that child or young person, and the person ceases to be an authorised carer in relation to that child or young person:(a) when the child or young person leaves the care of that person, or(b) 2 years after the commencement of this clause, or(c) when the child or young person reaches 18 years of age,whichever is the sooner.(4) The Department is taken to be the designated agency that authorised the person as an authorised carer.
22F Child or young person in out-of-home care under order of Children’s Court
A child or young person who, immediately before the commencement of this clause, was in the care of a person (other than a person to whom he or she is related) under an order of the Children’s Court is taken to be a child or young person in out-of-home care.
22G Review of placements effected by order of Children’s Court
(1) This clause applies to a child or young person who, immediately before the commencement of this clause, was in out-of-home care under an order of the Children’s Court.(2) A review under section 150 of the new Act of the placement of the child or young person is to be conducted before the anniversary of the making of the final order placing the child or young person in out-of-home care and thereafter within every period of 12 months after that anniversary.(3) Nothing in this clause prevents a review of the placement of the child or young person under section 150 (2) (c) or (d).
(1) A person receiving an allowance by the Director-General under section 19 (2) of the old Act immediately before the commencement of this clause with respect to a child or young person is taken to have been granted financial assistance with respect to that child or young person under section 161 of the new Act.(2) A person receiving a payment from the Minister under section 91 (1) (b) or (2) of the old Act immediately before the commencement of this clause with respect to a child or young person is taken to have been granted financial assistance with respect to that child or young person under section 161 of the new Act.