Page 3930 - Week 12 - Thursday, 29 October 2015

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child or young person to be in care for a total of one year in the previous two years, regardless of the age of the child. This will replace the current requirement of two years in the previous three years.

The third set of amendments is about ensuring the quality of care for children and young people in foster and kinship care. Currently under the Children and Young People Act, carers are not required to renew their authorisation as a carer. The act does allow for the revocation of a foster carer under certain circumstances, but there is no mechanism to regularly check the ongoing suitability of a foster carer. This represents a risk to children and young people in care and is out of step with other jurisdictions.

There is a need for the authorisation of carers to be regularly renewed to ensure carers continue to meet suitability requirements and do not present a risk to children and young people in care. The proposed amendment in clause 27 will enable the director-general to issue a carer approval for up to three years. Renewals would be tied to renewals of the working with vulnerable people checks to minimise inconvenience.

The proposed amendment promotes the rights and interests of children and young people in care by ensuring they are cared for by people and in circumstances that continue to meet suitability requirements. It also provides a further safeguard for children and young people in care.

The fourth set of amendments is about simplifying the approval process for carers. Amendments are proposed to the Children and Young People Act to reorder the approval process for carer provisions to make them easier to access and understand by people who are engaged in the protection, care and wellbeing of children and young people.

The amendment is consistent with a step up for our kids for approved kinship and foster care organisations to take a greater role and responsibility for children and young people in care. This will include the approval of carers. The criteria for deciding the suitability of a carer will remain the same and will be based on the suitability entity and general parental authority provisions in the Children and Young People Act. The amendment includes a protection by making the decision a reviewable decision.

It is proposed to insert a new division in the Children and Young People Act to establish a new category of carer at clause 27—an “approved carer”. As a consequence, section 519 that referred to foster carers and “general parental authority” has been omitted, along with all references in the act to foster carers being “suitable entities” and having “general parental authority”.

This new division does not affect a person’s requirement to meet the criteria for being granted specific parental authority under sections 516 and 518. Further, existing carers would be grandfathered and transitional arrangements are provided for in the bill in clause 60. The amendment is technical in nature and does not alter the policy of the Children and Young People Act.


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