NSWIn ForceRegulation
Adoption Regulation 2015
60Assessment of applicants for adoption
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#### 60 Assessment of applicants for adoption
60 Assessment of applicants for adoption
> > (1) The relevant decision-maker may—
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> > > (a) approve or approve subject to conditions, or
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> > > (b) decline to approve,
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> > an authorised carer who has made an application to adopt a child under this Part as suitable to adopt the child.
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> > (2) Without limiting subclause (1), the relevant decision-maker may decline to approve the authorised carer as suitable to adopt the child if the authorised carer has made an application to another relevant decision-maker and that other decision-maker—
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> > > (a) is assessing the suitability of the authorised carer to adopt the child, or
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> > > (b) has approved, or approves subject to conditions, the authorised carer as suitable to adopt the child.
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> > (3) In assessing the suitability of an authorised carer to adopt a child under this Part, 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), the prescribed selection criteria and any information obtained or check conducted under clause 58.
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> > (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 58.
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> > (5) In assessing the suitability of an authorised carer to adopt a child under this Part, the relevant decision-maker must take into account whether any other person who resides at the home of the authorised carer 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 58.
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> > (6) The relevant decision-maker must decline to approve an application made jointly by authorised carers if the relevant decision-maker determines that any of them is not suitable to adopt a child.
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> > (7) A relevant decision-maker must not assess an authorised carer as suitable to adopt a child unless the authorised carer and every adult person who resides with the authorised carer has a working with children check clearance that is in force under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) or is exempted by the regulations under that Act from the requirement to hold such a clearance.
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> **cl 60:** Am 2022 (779), sec 3(3).