Australian Capital Territory Consolidated Acts

ADOPTION ACT 1993 - SECT 38

    (1)     On receiving a request in writing by or for the authority in a State or another Territory having the guardianship of a child in respect of whom consents with a view to adoption in the ACT have been given or dispensed with, the chief executive may, in writing, declare that the child is under the guardianship of the chief executive while the child is domiciled or resident in the ACT.

    (2)     If a declaration under subsection (1) has effect, then, while the child is domiciled or resident in the ACT, the chief executive is the guardian of the child until—

        (a)     the child attains the age of 18 years; or

        (b)     an adoption order is made; or

        (c)     the court makes an order relating to the guardianship of the child.

    (3)     A declaration under subsection (1) ceases to have effect if the child ceases to be under the guardianship of the authority in the State or other Territory.

    (4)     If, in the opinion of the chief executive, a law of a State or another Territory contains a provision corresponding to this section, the chief executive may request the authority having the guardianship of children until adoption in that State or Territory to declare that, while a child of whom the chief executive is the guardian under this Act (being a child in respect of whom consents with a view to adoption in that State or Territory have been given or dispensed with) is domiciled or resident in that State or Territory, the child is under the guardianship of that authority.

    (5)     While a declaration under subsection (4) has effect, the functions and obligations of the chief executive as guardian of the child are suspended.

    (6)     Subsection (5) does not apply in relation to the exercise by the chief executive of a function in respect of a child under an arrangement made under subsection (7).

    (7)     The chief executive may, on behalf of the Territory, make financial or other arrangements with an authority mentioned in subsection (1) or (4) in respect of a child while the child is under the guardianship of the chief executive or that authority.

    (8)     The chief executive may make arrangements for the return of a child who is under the guardianship of the chief executive under this section to his or her former custody.