New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 11A

11A Prospective guardians and adults residing with them

(1) This section applies to--

(a) a prospective guardian, and

(b) a person (an
"adult resident" ) who resides on the same property as the prospective guardian during the period beginning when the application for a guardianship order relating to that prospective guardian is made under section 79A of the Children and Young Persons (Care and Protection) Act 1998 and ending when it is finally dealt with.

(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 sections 9 and 9A) to a prospective guardian or adult resident, the relevant decision-maker in relation to the prospective guardian is to be treated as the employer of the prospective guardian and adult resident.

(4) In this section--

"relevant decision-maker" in relation to a prospective guardian means--

(a) if the application for the guardianship order was made by the Secretary--the Secretary, or

(b) in the case of such an application made by any other person or body--the principal officer of the designated agency responsible for assessing the prospective guardian to be a suitable person to be allocated all aspects of parental responsibility for a child or young person.