46Assessment of applicants for adoption

#### 46 Assessment of applicants for adoption 46 Assessment of applicants for adoption > > (1) The relevant decision-maker may— > > > > > (a) decline to assess, or > > > > > (b) approve or approve subject to conditions, or > > > > > (c) decline to approve, > > > > an applicant as suitable to adopt a child or a particular child. > > > (2) Without limiting subclause (1), the relevant decision-maker may decline to assess, or decline to approve, an applicant or applicants as suitable to adopt a child if the applicant or applicants have made an application to another relevant decision-maker and that other decision-maker— > > > > > (a) is assessing the suitability of the applicant or applicants to adopt the child or a particular child, or > > > > > (b) has approved, or approved subject to conditions, the applicant or applicants as suitable to adopt a child or particular child. > > > (3) In assessing the suitability of applicants to adopt, the relevant decision-maker is to have regard to the provisions of Part 1 of Chapter 4 of the Act (so far as they are relevant) and to the prescribed selection criteria. > > > (4) If the relevant decision-maker is a principal officer, the relevant decision-maker may (instead of having regard to the prescribed selection criteria) have regard to any criteria to assess the suitability of applicants to adopt a child notified to the Secretary in accordance with the [Children’s Guardian Regulation 2022](/view/html/inforce/current/sl-2022-0122), Schedule 5, section 11(2)(a) and any information obtained or check conducted under clause 44. > > > (5) In assessing the suitability of applicants to adopt, the relevant decision-maker must take into account whether any other person who resides at the home of the applicant is of good repute and is a fit and proper person to associate with a child, having regard to the information obtained and checks conducted in relation to the person under clause 44. > > > (6) The relevant decision-maker must decline to approve an application made jointly by a couple if the relevant decision-maker determines that a person of the couple is not suitable to adopt a child. > > > (7) If the relevant decision-maker is a principal officer, he or she must— > > > > > (a) promptly advise the Secretary of decisions taken by the decision-maker under subclause (1), and > > > > > (b) provide the Secretary with such particulars relating to any such decision as the Secretary may require. > > **cl 46:** Am 2018 No 28, Sch 2.2 \[1\] \[2\]; 2022 (779), sec 3(2).