NSWIn ForceRegulation
Adoption Regulation 2015
78Register of counsellors
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#### 78 Register of counsellors
78 Register of counsellors
> > (1) The Secretary is to establish a register of counsellors.
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> > (2) The name of every person who is eligible to have his or her name entered in the register as a counsellor and who has duly applied for entry of his or her name in the register is to be entered in the register.
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> > (3) A person is eligible to have his or her name entered in the register if the person—
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> > > (a) has the qualifications prescribed by clause 77 (2), and
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> > > (b) has no relevant criminal record.
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> > (4) An application for entry in the register is to be made in the form approved by the Secretary.
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> > (5) A person whose name is entered on the register must undertake such courses or training as are relevant to carrying out the functions of counsellors as may be required by the Secretary by notice in writing.
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> > (6) The Secretary is to remove the name of any person from the register who—
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> > > (a) dies, or
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> > > (b) ceases to possess or does not possess the qualifications in respect of which the person was registered, or
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> > > (c) requests that his or her name be removed, or
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> > > (d) becomes a mentally incapacitated person, or
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> > > (e) becomes a person with a relevant criminal record, or
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> > > (f) fails, without reasonable excuse, to undertake the training referred to in subclause (5), or
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> > > (g) has been the subject of disciplinary action for a breach of professional standards or improper or unethical conduct, that, in the opinion of the Secretary, demonstrates that the person is not suitable to be a counsellor.
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> > (7) In this clause—
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> > relevant criminal record means the criminal record of a person with respect to an offence against the Act, the [Adoption of Children Act 1965](/view/html/repealed/current/act-1965-023) or any other law relating to the adoption of children or any offence involving an assault or other offence against the person—
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> > > (a) that was committed in New South Wales and that was punishable by imprisonment for 12 months or more, or
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> > > (b) that was committed elsewhere and that would have been an offence punishable by imprisonment for 12 months or more if it had been committed in New South Wales.