44Suitability checks

#### 44 Suitability checks 44 Suitability checks > > (1) The relevant decision-maker must not assess an applicant as suitable to be approved to adopt a child unless the relevant decision-maker has obtained or conducted the following in respect of an applicant— > > > > > (a) approved identity information, > > > > > (b) if the relevant decision-maker reasonably believes that a designated agency has material knowledge about the applicant—a designated agency check from that agency, > > > > > (c) if the relevant decision-maker reasonably believes that an accredited adoption service provider has material knowledge about the applicant—an accredited adoption service provider check from that provider, > > > > > (d) a nationwide criminal record check, > > > > > (e) a Community Services check, > > > > > (f) references from at least 2 persons concerning the applicant’s suitability to adopt a child. > > > > Note. > > > > Section 45 (2) of the Act requires certain additional checks to be conducted under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051). > > > (2) The relevant decision-maker may obtain further information, or conduct further checks, in relation to the applicant at any time before the making of an adoption order in relation to the application. > > > (3) The relevant decision-maker is to obtain or conduct the following in respect of any person (other than a child in out-of-home care) who resides at the applicant’s home for a period of 3 or more weeks after the application is made and before it assesses the applicant as suitable to be approved to adopt a child or who takes up residence after the assessment and before the adoption order is made— > > > > > (a) approved identity information, > > > > > (b) if the relevant decision-maker reasonably believes that a designated agency has material knowledge about the person—a designated agency check, > > > > > (c) if the relevant decision-maker reasonably believes that an accredited adoption service provider has material knowledge about the person—an accredited adoption service provider check from that provider, > > > > > (d) a nationwide criminal record check of the person (if the person is 16 or more years of age), > > > > > (e) a Community Services check (if the person is 16 or more years of age). > > > > Note. > > > > Section 45 (2) of the Act requires certain additional checks to be conducted under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051). > > > (4) The relevant decision-maker may obtain or conduct a nationwide criminal record check of a person (other than a child in out-of-home care) who resides at the applicant’s home for a period of 3 or more weeks who is 14 or 15 years of age at any time between the making of the application and the making of the adoption order. > > > (5) The relevant decision-maker may obtain further information, or conduct further checks, in relation to a person who resides at the applicant’s home as referred to in subclause (3) or (4) at any time before the making of an adoption order in relation to the application. > > > (6) The relevant-decision-maker may make such other inquiries with respect to the applicant or a person who resides at the applicant’s home as referred to in subclause (3) or (4) as the decision-maker considers appropriate, including any check relating to the employment or other activities of the applicant or person. > > > (7) If an application to adopt a child is made to the principal officer of a service provider that is also a designated agency and the applicant has applied to be authorised by the designated agency as an authorised carer, the relevant-decision maker may use any authorised carer suitability check obtained or conducted in relation to the applicant (and any person residing at the applicant’s home) in order to comply with the requirements of this clause. > > > (8) If, in conjunction with the application to adopt a child made to a relevant decision-maker, the applicant has applied to be authorised by a designated agency as an authorised carer, the relevant-decision maker may obtain from that designated agency information relating to any authorised carer suitability check obtained or conducted by the designated agency in relation to the applicant (and any person residing at the applicant’s home) in order to comply with the requirements of this clause and may share any information it has obtained in complying with this clause with that agency. > > > (9) A designated agency has material knowledge about a person for the purposes of subclauses (1) (b) and (3) (b) if the designated agency— > > > > > (a) has authorised the person as a carer under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or > > > > > (b) has received an application from the person to be authorised as a carer, or > > > > > (c) has known the person to reside at the home of such a carer or applicant. > > > (10) An accredited adoption service provider has material knowledge about a person for the purposes of subclauses (1) (c) and (3) (c) if the accredited adoption service provider— > > > > > (a) has received an expression of interest from the person in adopting a child, or > > > > > (b) has received an application to adopt a child from the person, or > > > > > (c) has known the person to reside at the home of a person submitting such an expression of interest or application. > > > (11) In this clause— > > > > authorised carer suitability check means approved identity information, a designated agency check, a nationwide criminal record check or Community Services check obtained or conducted in accordance with the [Children and Young Persons (Care and Protection) Regulation 2012](/view/html/repealed/current/sl-2012-0425) for the purposes of deciding whether to grant an authorisation as an authorised carer.