NSWIn ForceAct
Child Protection (Working with Children) Act 2012
11Prospective adoptive parents and adults residing with them
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#### 11 Prospective adoptive parents and adults residing with them
11 Prospective adoptive parents and adults residing with them
> > (1) This section applies to—
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> > > (a) a prospective adoptive parent, and
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> > > (b) a person (an adult resident) who resides on the same property as another person while that other person is a prospective adoptive parent.
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> > (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—
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> > > (a) the person holds a clearance of any class that is in force, or
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> > > (b) a current application for a clearance has been made by the person, or
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> > > (c) the person is exempted by the regulations from the requirement to hold a clearance.
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> > (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.
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> > (4) In this section—
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> > relevant decision-maker in relation to a prospective adoptive parent means—
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> > > (a) if the prospective adoptive parent has made an application to adopt a child to the Secretary—the Secretary, or
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> > > (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.
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> **s 11:** Am 2013 No 31, Sch 1 \[4\]. Subst 2014 No 8, Sch 2.2 \[1\]. Am 2015 No 29, Sch 2 \[8\]–\[10\].