Skip Ribbon Commands
Skip to main content

Skip Navigation LinksProcedure

3.1.11 Revocation of a carer's approval (foster, family or significant other)

Last Modified: 24-Mar-2022 Review Date: 01-Oct-2018

 ‭(Hidden)‬ Legislation

Overview

The CEO may revoke the approval of a foster, family or significant other carer (carer) if he or she does not continue to meet all of the criteria (known as competencies) outlined in Regulation 4 of the Children and Community Services Regulations 2006 (the Regulations) and/or other matters as set out in below sections.

Revocation of approval records the carer as unable to meet the competencies to provide care and may affect any future applications or assessments. 

The paramount consideration is the best interests of the child and every child should be treated as a valued member of society in a manner that respects the child’s dignity and privacy.

 

Rules
  • Sound evidence must be documented for the revocation of approval of a carer.

 

Process Maps

Revocation of a Foster Carer’s Approval.

Information and Instructions

  • Preliminary
  • Notification of revocation
  • Decision regarding revocation
  • Withdrawal by a carer
  • Preliminary

    The CEO may revoke a carer's approval if not satisfied that the individual meets the competencies set out in the Regulations:

    • The carer is able to provide care for a child in a way that promotes the wellbeing of the child, the child's family and interpersonal relationships, and protects the child from harm.

    • The carer is able to provide a safe living environment for a child.

    • The carer is able to work cooperatively with officers, a child's family and other people when providing care for a child.

    • The carer is able to take responsibility for the development of his or her competency and skills as a carer.

    • The carer is a person of good character and repute.

    Sound evidence must be documented for the revocation of approval of a carer.

    Concerns that led to the submission for revocation of approval as a carer must be assessed and action taken to ensure the safety of any child placed with the carer and/or the carer's children.

    Examples of reasons for revocation of approval could include:

    • acts of violence, child maltreatment, exploitation, deprivation of liberty,  unreasonable discipline,  and criminal charges against the carer and/or significant others within the carer's family - especially charges involving physical violence, those of a sexual nature, or use of illegal substances

    • issue of a Negative Notice or Interim Negative Notice against the carer 

    • any reasonable grounds to believe that the approval to be a carer was obtained improperly, or 

    • persistent actions which are contrary to and undermine quality care principles and case planning decisions.

    When you are involved in a case and believe that there are grounds to revoke a carer's approval, you and your team leader should consult with the senior child protection worker placement services (SCPWPS) to clarify procedures and identify information that needs to be gathered.  The grounds for revocation of approval should always relate to the carer no longer meeting the required competencies or other matters set out in the Regulations. The SCPWPS may contact the Child and Carer Connection Hub for further advice.

    You, in consultation with the SCPWPS, must prepare Form 518 - Submission for the Proposed Revocation of a Foster Carer's Approval (in related resources) for endorsement by the district director.

    The submission must be accompanied by any supporting documents, for instance:

    • a relevant child safety investigation (CSI)
    • CSI outcome report, and
    • any other reports from other work units that are relevant to the revocation, such as the Duty of Care Unit.

    The submission (Form 518) must be a summary, not a repeat, of all information in the supporting documentation provided.

    The carer must be advised:

    • if the district director (DD) recommends that the carer's approval be revoked
    • of the revocation process, and
    • that it may take several months before a final decision is made.

    An alert must be recorded in Assist to inform that proceedings are under way for approval of revocation.

     

    The DD forwards the submission (Form 518) together with supporting documentation to the General Manager (GM), Specialist Child Protection Unit for approval. The GM quality assures the information.

    If the GM forms the belief that revocation of approval cannot be upheld, a clear rationale for this decision must be recorded and communicated to the relevant DD. The DD must then advise the carer and remove the alert previously recorded in Assist.

    If the submission is approved, the GM sends it to the relevant Executive Director (ED) or Regional Executive Director (RED) for noting, then forwards it to General Counsel through the SharePoint Request Form page.  

    Complete the request form, attach required documents using the 'Add Attachment' link, and select 'Legal Mailbox' button.  Then use the drop down menu and select 'Yes' to 'Submit to Legal & Business Services' at the end of the form and save it to lodge the request.  

    The submission must not be sent directly to the Assistant Director General.

    Top

    Notification of revocation

    If it is proposed that the carer's approval be revoked, the General Law Unit will draft a notice - Form 521 - Initial Notice of Proposal to Revoke Foster Carer Approval (in related resources) to the carer.

    This notice must:

    • be drafted in a template

    • identify the grounds on which the proposed revocation of approval is based

    • invite the carer to make representations to the CEO in respect of the proposed revocation within 28 days after receipt of the notice

    • identify timeframes in which the carer can expect a response following any representation made within 28 days - that is, when the decision will be made, and 

    • include information to assist the carer with a response to the Assistant Director General, and include contact details of the Office of the Assistant Director General.

    General Counsel forwards the submission and notice to the Assistant Director General for approval and signature.  If approved and signed, Legal and Business Services arranges for the notice to be sent via registered post to the carer. A copy of the notice is forwarded to the relevant DD, and ED or RED.

    Top

    Decision regarding revocation

    The Legal and Business Services unit receives a registered post confirmation when the carer receives the notice. 

    Once 28 days have passed since receipt of the registered post confirmation, Legal and Business Services contacts the relevant Assistant Director General (ADG) (and, if necessary, theDD) to determine whether the carer has made a written response to the proposed revocation.

    The carer provides a written response

    If the carer makes a written response to the proposed revocation, the DD must make a recommendation using Form 519 Advice of Revocation Letter or Form 520 Advice of No Revocation Letter (in related resources), and forward it to General Counsel with the carer's response through the SharePoint Request Form page

    Complete the request form, attach required documents using the 'Add Attachment' link, and select 'Legal Mailbox' button.  Then use the drop down menu and select 'Yes' to 'Submit to Legal & Business Services' at the end of the form and save it to lodge the request.  

    Legal and Business Services will prepare a briefing to the ADG and forward it together with the letter (either Form 519 or Form 521) to the carer for the ADG's consideration.

    The carer does not provide a written response

    If the carer makes no written response to the proposed revocation letter, Legal and Business Services draft a Form 519 Advice of Revocation Letter for the ADG's consideration.

    Advice letter is sent to the carer

    Once the letter (either Form 519 or 520) is signed, Legal and Business Services forward the letter via registered post to the carer. A copy is sent to the relevant DD, ED and RED.

    Once the letter has been sent to the carer, and if the revocation takes effect, the DD must record this information in Assist. 

    In cases where the revocation of approval does not proceed, the DD must remove the alert in Assist.

    Top

    Withdrawal by a carer

    A carer may choose to withdraw their services for a range of personal and family reasons. A withdrawal must be voluntary and should be in writing from the carer. A carer's approval cannot be unilaterally withdrawn by the Department. 

    If the Department is no longer satisfied that the carer meets the competencies (or the other reasons for revocation exist), the formal revocation process should occur unless the foster carer asks and the Department agrees to their withdrawal. 

    The SCPWPS must record withdrawals in Assist and, wherever possible, arrange and complete an exit interview with the carer.  ​If an agreed withdrawal occurs after the revocation process has commenced, it may be appropriate to record an alert in Assist. 

    Top