New South Wales Consolidated Acts

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

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--

(a) the person is or was, immediately before turning 18 years of age, in the out-of-home care of the authorised carer, and

(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.

Note : 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.

(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.

(3) A continuing residence approval may be renewed by the Children's Guardian.

(4) The Children's Guardian may, by notice in writing served on a person, cancel a continuing residence approval granted to the person if--

(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

(b) a change of circumstances occurs that, in the opinion of the Children's Guardian, makes it no longer appropriate to continue the approval.

(5) A continuing residence approval ceases to have effect if it is cancelled by the Children's Guardian.

(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.

(7) In this section--

"out-of-home care" has the same meaning as it has in the Children and Young Persons (Care and Protection) Act 1998 .