New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 5D)
In this Schedule, a reference to a "member of staff" of an adoption service provider includes a reference to:
(a) a member of its governing body, and
(b) any person whom it employs in connection with its provision of adoption services, and
(c) any person whom it engages (whether on a paid or voluntary basis) to assist it in the provision of adoption services, and
(d) any person whom it engages (whether on a paid or voluntary basis) to provide adoption services on its behalf.
(1) On being accredited, an adoption service provider must give an undertaking to the Director-General to the effect that, during the period of its accreditation, it will not:(a) enter into any agreement with any authority of a foreign country for the establishment of arrangements to facilitate the adoption of children from that country by persons who reside, or are domiciled, in New South Wales, or(b) participate in negotiations for entering into such an agreement.
(2) Subclause (1) does not prevent an adoption service provider from entering into an agreement with any such authority for the adoption of children in accordance with arrangements that have been duly established between Australia and the foreign country concerned.
An adoption service provider that is accredited to provide domestic adoption services must not, in New South Wales, provide domestic adoption services to persons who neither reside, nor are domiciled, in New South Wales.
An adoption service provider that is accredited to provide intercountry adoption services in relation to a specified foreign country must not, in New South Wales, provide intercountry adoption services to persons who neither reside, nor are domiciled, in either New South Wales or the country so specified.
(1) An adoption service provider that is accredited to provide domestic adoption services must not share premises with any association of adoptive parents or any organisation established to represent adoptive parents.
(2) An adoption service provider that is accredited to provide intercountry adoption services must not share premises with:(a) any association of adoptive parents, or(b) any organisation that has among its objects the object of soliciting aid for, or providing aid to, persons or organisations in a foreign country.
An adoption service provider must not appoint a person as its principal officer unless the person:
(a) has obtained a university degree, whether in Australia or overseas, and
(b) has, within the previous 10 years, had experience for a period of, or for periods totalling, 5 years (whether on a full or part-time basis) in the provision of adoption services, family services or out-of-home care.
An adoption service provider must not appoint any person to act in the office of principal officer unless the person:
(a) has obtained a university degree, whether in Australia or overseas, and
(b) has, within the previous 5 years, had experience for a period of, or for periods totalling, 2 years (whether on a full or part-time basis) in the provision of adoption services, family services or out-of-home care.
An adoption service provider for which a code of conduct is approved in accordance with the NSW Adoption Standards must ensure that its staff are made aware of, and comply with, that code.
An adoption service provider must comply with any undertakings it gives to the Director-General, including undertakings given pursuant to its application for accreditation and undertakings given pursuant to the conditions of its accreditation.
An adoption service provider must provide each prospective adoptive parent with whom it deals with a document that sets out the criteria against which prospective adoptive parents are assessed as to their suitability as adoptive parents.
An adoption service provider must ensure that its scale of fees is made public, either by means of a notice displayed in each of the premises from which it provides adoption services or else by means of brochures made available at those premises.
An adoption service provider must allow the Director-General, and any public servant authorised by the Director-General in that regard:
(a) to enter any premises from which it provides adoption services, and
(b) to inspect such of its records as relate to the provision of adoption services,and must provide the Director-General, and any such public servant, with such assistance as is reasonably necessary for the purposes of any such inspection.
An adoption service provider must provide the Director-General with the following documents:
(a) a copy of its annual report, to the extent to which that report deals with its provision of adoption services,
(b) such reports with respect to its provision of adoption services as the Director-General may from time to time require,
(c) a copy of any report that, pursuant to any law, it is required to provide to any authority (including an authority of a foreign country) in relation to its provision of adoption services.
(1) As soon as practicable after it becomes aware that any member of its staff has an interest, or is associated with anyone who has an interest, that could affect that member’s conduct with respect to its provision of adoption services, an adoption service provider must cause written notice of that fact to be given to the Director-General.
(2) If as a consequence of such a notice the Director-General gives any written direction to the adoption service provider as to how it should deal with the matter, the adoption service provider must take all reasonable steps to ensure that the direction is complied with.
An adoption service provider that is accredited to provide intercountry adoption services must not appoint any person to act on its behalf in relation to adoption proceedings in a foreign country unless the Director-General has approved the proposed appointment.
(1) An adoption service provider must notify the Director-General of any change in the address from which it operates within 14 days after the change occurs.
(2) An adoption service provider must notify the Director-General of the following particulars within 28 days after the change occurs:(a) any change in the terms of the documents that govern its constitution,(b) any change in the terms of any trust that it has established in connection with its provision of adoption services.(c) any change in the criteria that are used to assess the suitability of applicants to adopt a child.
(1) An accredited adoption service provider must notify the Director-General of particulars of the criteria used to assess the suitability of applicants to adopt a child (if different from the prescribed selection criteria).
(2) An accredited adoption service provider that was accredited before the commencement of the Adoption Amendment Regulation 2009 must comply with subclause (1) within 28 days of that commencement.
(3) Until the date that is 28 days after the commencement of the Adoption Amendment Regulation 2009 , a reference in clause 13 (3A) to criteria notified to the Director-General is taken to include criteria referred to in clause 5 (3) of this Regulation as in force immediately before the commencement of the Adoption Amendment Regulation 2009 .
An adoption service provider that becomes unable to comply with the conditions of its accreditation must notify the Director-General of that fact as soon as practicable after that fact becomes apparent.