11Prospective adoptive parents and adults residing with them

11 Prospective adoptive parents and adults residing with them

11 Prospective adoptive parents and adults residing with them

(1) This section applies to—

(a) a prospective adoptive parent, and

(b) a person (an adult resident) who resides on the same property as another person while that other person is a prospective adoptive parent.

(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—

(a) the person holds a clearance of any class that is in force, or

(b) a current application for a clearance has been made by the person, or

(c) the person is exempted by the regulations from the requirement to hold a clearance.

(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.

(4) In this section—

relevant decision-maker in relation to a prospective adoptive parent means—

(a) if the prospective adoptive parent has made an application to adopt a child to the Secretary—the Secretary, or

(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.

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].