Assessment report for s. 38(1) applicant, CEO to arrange
40 Assessment report for s. 38(1) applicant, CEO to arrange
Where the CEO receives an application under section 38(1), the CEO is to appoint a person who the CEO thinks is suitably qualified, to assess the application and prepare a report (the assessment report) on the applicant or joint applicants.
For purposes of the assessment report, each applicant is to provide information as to the applicant’s suitability for adoptive parenthood as required by the person so appointed, including evidence that the applicant —
is, and continues to be, a person to whom section 39(1) applies; and
is physically and mentally able to care for and support a child until the child attains 18 years of age; and
is of good repute; and
if applying jointly, has a stable marriage or de facto relationship with the other applicant; and
shows a desire and ability to provide a suitable family environment for the child; and
has not been convicted of a Class 1 or Class 2 offence; and
does not have a pending charge in respect of a Class 1 or Class 2 offence; and
satisfies other criteria as prescribed by regulation.
Despite subsection (2), an applicant who has —
previously been assessed under the Act as suitable to adopt a child; and
subsequently adopted a child,
is not required to provide evidence in respect of the matters referred to in subsection (2)(b), (c), (d), (da) or (f) unless requested to do so by the person appointed to prepare the assessment report under subsection (1).
[Section 40 amended: No. 3 of 2002 s. 13; No. 34 of 2004 Sch. 2 cl. 2(8); No. 29 of 2008 s. 23; No. 15 of 2012 s. 27.]
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
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