New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 11

11 Prospective adoptive parents and adults residing with them

(1) This section applies to--

(a) a prospective adoptive parent, and

(b) a person (an
"adult resident" ) who resides on the same property as another person while that other person is a prospective adoptive parent.

(2) A person to whom this section applies must apply to the Children's Guardian for a working with children check clearance of the volunteer class unless--

(a) the person holds a clearance of any class that is in force, or

(b) a current application for a clearance has been made by the person, or

(c) the person is exempted by the regulations from the requirement to hold a clearance.

(3) For the purposes of the application of this Act (other than section 9) to a prospective adoptive parent or adult resident, the relevant decision-maker in relation to the prospective adoptive parent is to be treated as the employer of the prospective adoptive parent and adult resident.

(4) In this section--

"relevant decision-maker" in relation to a prospective adoptive parent means--

(a) if the prospective adoptive parent has made an application to adopt a child to the Secretary--the Secretary, or

(b) if the prospective adoptive parent has made an application to adopt a child to an accredited adoption service provider--the principal officer of the service provider.