46Assessment of applicants for adoption
(1)
The relevant decision-maker may:
(a)
decline to assess, or
(b)
approve or approve subject to conditions,
or
(c)
decline to approve,
an applicant as suitable to adopt a child or a
particular child.
(2)
Without limiting subclause (1), the relevant
decision-maker may decline to assess, or decline to approve, an applicant or
applicants as suitable to adopt a child if the applicant or applicants have
made an application to another relevant decision-maker and that other
decision-maker:
(a)
is assessing the suitability of the applicant or
applicants to adopt the child or a particular child, or
(b)
has approved, or approved subject to conditions,
the applicant or applicants as suitable to adopt a child or particular
child.
(3)
In assessing the suitability of applicants to
adopt, the relevant decision-maker is to have regard to the provisions of Part
1 of Chapter 4 of the Act (so far as they are relevant) and to the prescribed
selection criteria.
(4)
If the relevant decision-maker is a principal
officer, the relevant decision-maker may (instead of having regard to the
prescribed selection criteria) have regard to any criteria to assess the
suitability of applicants to adopt a child notified to the Secretary in
accordance with clause 12 (2) of Schedule 1 and any information obtained or
check conducted under clause 44.
(5)
In assessing the suitability of applicants to
adopt, the relevant decision-maker must take into account whether any other
person who resides at the home of the applicant is of good repute and is a fit
and proper person to associate with a child, having regard to the information
obtained and checks conducted in relation to the person under clause
44.
(6)
The relevant decision-maker must decline to
approve an application made jointly by a couple if the relevant decision-maker
determines that a person of the couple is not suitable to adopt a
child.
(7)
If the relevant decision-maker is a principal
officer, he or she must:
(a)
promptly advise the Secretary of decisions taken
by the decision-maker under subclause (1), and
(b)
provide the Secretary with such particulars
relating to any such decision as the Secretary may
require.
cl 46: Am 2018 No 28,
Sch 2.2 [1] [2].