31   Counsellors

(1)  For the purposes of the definition of counsellor in section 57 of the Act, a counsellor is a person whose name is on the register of counsellors kept under clause 32.

(2)  For the purposes of the definition of counsellor in section 57 of the Act, the prescribed qualifications are that a person:

(a)  has at least 2 years of experience within the last 5 years in providing (whether on a full or part-time basis) adoption, out-of-home care services or family services as an employee of, or contractor with, the Department, an accredited adoption service provider or a body of a kind approved by the Director-General for the purposes of this paragraph, and

(b)  is one or both of the following:

(i)  an employee of the Department, an accredited adoption service provider or a body or class of body approved by the Director-General for the purposes of this paragraph,

(ii)  a member of a professional association approved by the Director-General for the purposes of this paragraph, and

(c)  is the holder of a qualification in the social sciences conferred by a university (whether within or outside New South Wales) after the equivalent of at least 3 years full time study.

(3)  In addition to any functions conferred on a counsellor by the Act, a counsellor who provides counselling to a person under 16 years of age in relation to the adoption of the person’s child must give a written report on the capacity of the person to understand the effect of signing an instrument of consent to the adoption.