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Child Protection (Working with Children) Act 2012
11DContinuing residence approval
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#### 11D Continuing residence approval
11D Continuing residence approval
> > (1) The Children’s Guardian may, by notice in writing given to a person, grant an approval (a continuing residence approval) to the person to reside on the same property as an authorised carer, even though the person does not hold a working with children check clearance, if—
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> > > (a) the person is or was, immediately before turning 18 years of age, in the out-of-home care of the authorised carer, and
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> > > (b) the Children’s Guardian is satisfied that any risks to the safety of children associated with the person residing at the property have been sufficiently mitigated.
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> > Note.
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> > A continuing residence approval is sufficient authority for a person who is or was in the out-of-home care of an authorised carer before turning 18 years of age to continue to reside at the residence of the authorised carer, even though the person does not hold a working with children check clearance.
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> > (2) A continuing residence approval has effect for 5 years after the date it is granted or, if a shorter period is specified by the Children’s Guardian, that period.
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> > (3) A continuing residence approval may be renewed by the Children’s Guardian.
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> > (4) The Children’s Guardian may, by notice in writing served on a person, cancel a continuing residence approval granted to the person if—
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> > > (a) the Children’s Guardian is no longer satisfied that any risks to the safety of children associated with the person residing at the property have been sufficiently mitigated, or
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> > > (b) a change of circumstances occurs that, in the opinion of the Children’s Guardian, makes it no longer appropriate to continue the approval.
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> > (5) A continuing residence approval ceases to have effect if it is cancelled by the Children’s Guardian.
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> > (6) The Children’s Guardian must advise the designated agency that authorised the authorised carer of a decision to grant, refuse, renew or cancel a continuing residence approval as soon as practicable after the decision is made.
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> > (7) In this section—
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> > out-of-home care has the same meaning as it has in the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).
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> **s 11D:** Ins 2018 No 14, Sch 1 \[11\].