ADOPTION REGULATION 1993 - made under the Adoption Act 1993 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of regulation 2. Dictionary 2A. Notes 2B. Offences against regulation--application of Criminal Code etc PART 2--REGISTER OF SUITABLE PEOPLE 4. Register of suitable people--requests for inclusion PART 3--CONSENTS 5. Consent must be accompanied by statutory declaration 6. Conditions for signing 7. Primary and secondary witnesses 8. Functions of primary witness 9. Functions of secondary witness PART 5--ADOPTION RECORDS 11. Particulars to be given to director-general by private adoption agencies following adoption 12. Transfer of private agency records to director-general 13. Maintenance of records PART 6--PRIVATE ADOPTION AGENCIES 14. Application for approval 15. Alteration of objects, structure or trusts of private adoption agency 16. Principal officer 17. People acting for or on behalf of private adoption agency 18. Adoption of overseas children or young people 19. Residential premises 20. Storage of information 21. Private adoption agencies not to breach Cwlth information privacy PART 7--REGISTRATION OF ADOPTIONS 22. Register of adoptions 23. Registration 24. Access to information from register of adoptions 25. Re-registration of birth of adopted child or young person 26. Correction of errors in register of adoptions 27. Cancellation of entries in register of adoptions 27A. Offence to destroy etc register 27B. Offence to re-register birth 28. Obligations of registrar-general 29. Memoranda of orders sent to States and other Territories 30. Reviewable decisions--Act, s 102, def reviewable decision 30A. Right of review and notice--Act, s 103 and s 103A SCHEDULE 1 SCHEDULE 2 DICTIONARY ENDNOTES ADOPTION REGULATION 1993 - REG 1 Name of regulation This regulation is the Adoption Regulation 1993. ADOPTION REGULATION 1993 - REG 2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). ADOPTION REGULATION 1993 - REG 2A Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. ADOPTION REGULATION 1993 - REG 2B Offences against regulation--application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. ADOPTION REGULATION 1993 - REG 4 Register of suitable people--requests for inclusion For the Act, section 18 (1), a request by an applicant for approval to be registered as suitable for the placement of a child or young person for adoption must state the following: (a) in relation to the applicant-- (i) full name; and (ii) usual place of residence; and (iii) occupation; and (iv) date and place of birth; and (v) domicile; and (vi) religion (if any); and (vii) state of health; and (viii) financial circumstances; (b) if the applicant is in a domestic partnership--the length of the partnership; (c) in relation to each child (if any) of the applicant (whether a birth child or adopted child)-- (i) sex and date of birth; and (ii) the state of health of any living child; and (iii) if any child has died--the date of death; (d) whether the applicant has ever been refused an adoption order; (e) whether an adoption order or interim order in the applicant's favour has been discharged; (f) whether the applicant's name is entered on a list of people seeking to adopt a child in another State or Territory; (g) if paragraph (f) applies--particulars of the entry on the relevant adoption list. ADOPTION REGULATION 1993 - REG 5 Consent must be accompanied by statutory declaration For the Act, section 30 (Instrument of consent), an instrument of consent must be accompanied by the statutory declaration mentioned in section 6 (b). Note If a form is approved under the Act, s 120A for a consent, the form must be used. ADOPTION REGULATION 1993 - REG 6 Conditions for signing A person must not sign an instrument of consent unless the person-- (a) received a copy of the form of consent no later than 14 days before the date when the consent is signed; and (b) has signed a statutory declaration stating that he or she is the parent or guardian of the child or young person; and (c) has shown the declaration to the primary witness to the signing of the instrument. ADOPTION REGULATION 1993 - REG 7 Primary and secondary witnesses (1) For the Act, section 30, an instrument of consent must be signed in the presence of, and must be attested by, a primary witness and a secondary witness. (2) A primary witness must be-- (a) for an instrument signed in Australia-- (i) a commissioner for declarations under the Statutory Declarations Act 1959 (Cwlth); or (ii) a justice of the peace; or (iii) a lawyer (other than a lawyer acting for the applicants); or (iv) a social worker approved by the director-general; or (b) for an instrument signed in a foreign country-- (i) an Australian diplomatic officer, or an Australian consular officer, within the meaning of the Consular Fees Act 1955 (Cwlth); or (ii) a judge of a court of that country; or (iii) a magistrate or justice of the peace of or for that country; or (iv) a notary public. (3) A secondary witness must be-- (a) for an instrument signed in Australia--a person prescribed by the Statutory Declarations Regulations (Cwlth), regulation 4; or (b) for an instrument signed in a foreign country--a person referred to in subsection (2) (b). ADOPTION REGULATION 1993 - REG 8 Functions of primary witness The primary witness to the signing of an instrument of consent must not attest to that signing unless the primary witness-- (a) has informed the person signing the instrument about the legal implications of adoption and the legal consequences of signing the instrument; and (b) is satisfied that the person understands those consequences and implications. ADOPTION REGULATION 1993 - REG 9 Functions of secondary witness The secondary witness to the signing of an instrument of consent must not attest to that signing unless the secondary witness is satisfied that-- (a) the primary witness has adequately exercised his or her functions under section 8 (a); and (b) the person signing the instrument of consent understands the legal implications of adoption and the legal consequences of signing the instrument. ADOPTION REGULATION 1993 - REG 11 Particulars to be given to director-general by private adoption agencies following adoption orders For the Act, section 61 (2) (b), the prescribed particulars are as follows: (a) in relation to the adopted child or young person-- (i) full name before the adoption; (ii) sex; (iii) date of birth; (iv) place of birth; (v) father's full name; (vi) mother's full name; (vii) full name of any other parent; (viii) mother's maiden name (if applicable); (ix) mother's name at date of birth of the child or young person; (x) full name following adoption; (b) in relation to each adoptive parent-- (i) full name; (ii) place of residence; (iii) occupation; (iv) date of birth; (v) place of birth; (vi) domicile; (vii) religion (if any); (viii) if married--date and place of marriage; (ix) if not married--whether in another domestic partnership or single; (c) in relation to each child (if any) of each adoptive parent (whether a birth child or adopted child)-- (i) sex; (ii) date of birth; (iii) state of health of each living child; (iv) if a child has died--date of death; (d) in relation to each birth parent-- (i) full name; (ii) date of birth; (iii) date when consent is signed; (iv) whether consent is general or limited; (v) details of any express wishes contained in the consent; (e) in relation to the primary witness and secondary witness to the signing of the instrument of consent-- (i) full name; (ii) capacity in which the instrument is witnessed; (f) in relation to the person who provides the report to the court under the Act, section 39D (1)-- (i) full name; (ii) qualifications; (iii) relevant experience; (iv) business address. ADOPTION REGULATION 1993 - REG 12 Transfer of private agency records to director-general (1) This section applies if a private adoption agency-- (a) ceases to exist; or (b) has its approval revoked under the Act, section 85 (Revocation or suspension of approval). Note The director-general may revoke an agency's approval if-- o the agency asks; or o the agency is no longer suitable to conduct negotiations and make arrangements about the adoption of children or young people; or o the agency has contravened a provision of the Act, pt 6 or a regulation. (2) The person who was the last principal officer of the agency commits an offence if the person does not give the director-general all adoption records kept by the agency. Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence. ADOPTION REGULATION 1993 - REG 13 Maintenance of records For the Act, section 61 (4), all adoption records held by a private adoption agency must be kept in a lockable, fire-resistant steel cabinet. Note Adoption records held by the director-general must be held in accordance with the Territory Records Act 2002. ADOPTION REGULATION 1993 - REG 14 Application for approval (1) An application under the Act, section 81 by a charitable organisation for approval as a private adoption agency must be in writing setting out the following information: (a) the name of the organisation; (b) the objects and purposes, or proposed objects and purposes, of the organisation; (c) the place where the organisation has its principal office; (d) the facilities available at the principal office of the organisation, and in particular the availability of confidential interviewing rooms; (e) the full name and address of each person taking part, or proposing to take part, in the management or control of the organisation; (f) the full name and address of the person appointed as the principal officer of the organisation; (g) if the organisation is incorporated--the way and date of its incorporation; (h) the proposed method of financing the agency, including a financial statement and budget estimate; (i) details of the organisation's affiliation with any body delivering child and family welfare services (including services for the care of a child or young person for the period before his or her placement for adoption or the period after a child or young person is removed from a failed adoption placement); (j) the structure, membership and interests of the committee of the organisation responsible for-- (i) making recommendations on applications for approval as people suitable to adopt a child or young person; and (ii) conducting negotiations and making arrangements with a view to the placement of children or young people for adoption; (k) the method of keeping adoption records and the arrangements made for the safekeeping of the records; (l) the numbers, qualifications, experience and duties of people engaged, or proposed to be engaged, on behalf of the organisation to make arrangements for the adoption of children or young people; (m) the arrangements envisaged for training staff of the organisation; (n) if the agency intends to organise adoptions of children or young people from foreign countries--what arrangements have been made for that purpose between the organisation and any relevant authorities and organisations in the foreign countries; (o) the organisation's reasons for wishing to make arrangements for the adoption of children or young people; (p) any experience of the organisation in making arrangements for the adoption of children or young people or related child and family welfare services. (2) An application under subsection (1) must be accompanied by-- (a) if the organisation is incorporated--a copy of its rules, or its articles and memorandum of association; and (b) particulars of any instrument evidencing trusts relating to the organisation, together with a copy of any such instrument. ADOPTION REGULATION 1993 - REG 15 Alteration of objects, structure or trusts of private adoption agency (1) This section applies if any alteration affecting the functions of a private adoption agency in relation to adoptions, or its status as a charitable organisation, happens in-- (a) the objects or purposes of the agency; or (b) the rules or memorandum or articles of the agency; or (c) any trusts relating to the agency. (2) If this section applies, the principal officer of the relevant agency must give the director-general-- (a) notice of the alteration; and (b) a copy of the instrument evidencing the alteration; and (c) a statutory declaration verifying the authenticity of the copy; and (d) for an alteration of the objects, purposes, rules, memorandum or articles of association of the agency--a notice that the alteration-- (i) is authorised; and (ii) was made in the way provided by the rules, memorandum or articles of the agency. ADOPTION REGULATION 1993 - REG 16 Principal officer A private adoption agency must not appoint a person as principal officer of the agency unless the person-- (a) has obtained a tertiary qualification in social work, or in an appropriate social science, approved by the director-general; and (b) has 5 years experience in providing child and family welfare services relevant to the adoption of children or young people; and (c) agrees to undertake any course of training that, in the opinion of the director-general, is necessary to enable the principal officer to carry out the duties of his or her position. ADOPTION REGULATION 1993 - REG 17 People acting for or on behalf of private adoption agency A private adoption agency must not permit a person to conduct negotiations or make arrangements in relation to the adoption of children or young people for or on behalf of the agency unless the person-- (a) has completed a course in social work approved by the director-general; and (b) has completed 5 years practical experience in social work, of which at least 3 years is relevant to the adoption of children or young people. ADOPTION REGULATION 1993 - REG 18 Adoption of overseas children or young people A private adoption agency must not conduct negotiations or make arrangements in relation to the adoption of a child or young person brought from a foreign country for the purpose of adoption in the ACT unless the requirements of the Act, section 20 (2) have been complied with. ADOPTION REGULATION 1993 - REG 19 Residential premises A private adoption agency must not be conducted from premises normally used for residential purposes. ADOPTION REGULATION 1993 - REG 20 Storage of information A private adoption agency must ensure that its adoption records are protected by reasonable security safeguards against-- (a) loss; and (b) unauthorised access, use, modification or disclosure; and (c) other misuse. ADOPTION REGULATION 1993 - REG 21 Private adoption agencies not to breach Cwlth information privacy principles (1) A private adoption agency commits an offence if it does something that would, if it were an agency for the Privacy Act 1988 (Cwlth), breach an information privacy principle within the meaning of that Act. Maximum penalty: 5 penalty units. Note The information privacy principles are contained in the Privacy Act 1988 (Cwlth), s 14. They deal with the following issues: o how and why personal information may be collected o solicitation of personal information from individual concerned o solicitation of personal information generally o storage and security of personal information o information relating to records kept by record-keeper o access to records containing personal information o alteration of records containing personal information o record-keeper to check accuracy etc of personal information before use o personal information to be used only for relevant purposes o limits on use of personal information o limits on disclosure of personal information. (2) An offence against this section is a strict liability offence. ADOPTION REGULATION 1993 - REG 22 Register of adoptions (1) The registrar-general must keep a register of adoptions for the Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The register of adoptions kept by the registrar-general under the Adoption of Children Act 1965, section 56 (a) before the commencement of the Adoption Act 1993, section 3 is to be taken to form part of the register of adoptions kept under subsection (1). (3) The registrar-general must keep an index of the entries in the register of adoptions. ADOPTION REGULATION 1993 - REG 23 Registration (1) The registrar-general must register a memorandum of an adoption order by entering particulars of the adoption in the register of adoptions. Note If a form is approved under the Act, s 120A for a memorandum, the form must be used. (2) If the registrar-general receives a memorandum or copy of an adoption order made under a law in force in a State or in another Territory, the registrar-general must register it by entering particulars of the adoption in the register of adoptions. (3) If the registrar-general receives a copy of an order, made under the Act or made under a law of a State or another Territory, for the discharge of an adoption order that has been registered in the register of adoptions, the registrar-general must register it by entering particulars of the discharge on the page of the register of adoptions where the adoption order was registered. (4) The registrar-general must register a copy of an adoption order declared by the court under the Act, section 57M to be an adoption that complies with the Act, section 57L by entering the relevant particulars in the register of adoptions. ADOPTION REGULATION 1993 - REG 24 Access to information from register of adoptions (1) The registrar-general must only allow a person to have access to the register of adoptions or to any memorandum or copy of an adoption order or an order discharging an adoption order-- (a) in accordance with an order of the court; or (b) if the registrar-general is satisfied that the access is properly required for the purpose of providing evidence in proceedings under the Family Law Act 1975 (Cwlth); or (c) under this section. (2) On application by an adopted person born in a foreign country or by an adoptive parent of such an adopted person, the registrar-general must issue the applicant with a certificate in the form of an entry in the register of births. Note A fee may be determined under the Act, s 118 for this section. (3) The applicant must provide, in writing, any additional information required by the registrar-general to issue the certificate. (4) In this section: "access", in relation to the register of adoptions or a memorandum or copy of an adoption order or an order discharging an adoption order, includes-- (a) inspection of the register or the memorandum or copy; and (b) for the register--provision of an extract from the register; and (c) for a memorandum of an order or a copy of a memorandum of an order--provision of a copy of, or an extract from the memorandum or copy. ADOPTION REGULATION 1993 - REG 25 Re-registration of birth of adopted child or young person (1) If an order for the adoption of a child or young person born in the ACT has been registered in the register of adoptions, the registrar-general must re-register the birth of the child or young person by entering in the register of births-- (a) particulars, ascertained from the memorandum or copy of the adoption order-- (i) of the child's or young person's name after adoption; and (ii) of the sex, date and place of birth of the child or young person; and (iii) of the adoptive parents or parent; and (b) a notation to the entry, signed and dated by the registrar-general, to the effect that the birth of the child or young person is registered under this section. (2) If, for a child or young person born in the ACT, an order discharging an adoption order has been registered in the register of adoptions, the registrar-general must-- (a) make a notation accordingly on the page in the register of births where the birth of that child or young person has been re-registered under subsection (1); and (b) re-register the birth of that child or young person accordingly. (3) The notation mentioned in subsection (1) or (2) must not be included on any copy of, or extract from, an entry in the register of births issued by the registrar-general. (4) If the registrar-general re-registers the birth of an adopted child or young person under this section, the registrar-general must sign and date a notation, written on the page of the register of births that contains the original entry of the birth, to the effect that the birth of the child or young person has been re-registered under this section on a specified page of the register. (5) If an adoption order relates to a child or young person who has previously been adopted, the registrar-general must re-register the birth of the child or young person as if the entry relating to the previous adoption of that child or young person were the original entry of the birth of that child or young person. (6) This section has effect, in relation to an adoption order, or an order discharging an adoption order, made under the repealed laws and in force on 31 July 1993 as if the relevant order had been made under the Act. ADOPTION REGULATION 1993 - REG 26 Correction of errors in register of adoptions (1) If the registrar-general is satisfied that the register of adoptions contains an error or misstatement in, or an omission from, any particulars entered under this regulation, the registrar-general must correct the register accordingly. (2) If the registrar-general corrects an entry in the register of adoptions under subsection (1), the registrar-general must sign his or her name immediately under the correction and write the date when the correction was made. ADOPTION REGULATION 1993 - REG 27 Cancellation of entries in register of adoptions (1) If the registrar-general is satisfied that an entry in the register of adoptions is false, the registrar-general must cancel the entry by writing in the margin of the entry the words 'Cancelled under the Adoption Regulation 1993, section 27', signing his or her name immediately under those words and writing the date when the entry was cancelled. (2) The registrar-general must not cancel an entry in the register of adoptions-- (a) if the entry can be corrected under section 26; or (b) unless the Attorney-General, or a person authorised by the Attorney-General, has approved, in writing, the cancellation of the entry. ADOPTION REGULATION 1993 - REG 27A Offence to destroy etc register (1) A person commits an offence if the person destroys, defaces or damages the register of adoptions. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. ADOPTION REGULATION 1993 - REG 27B Offence to re-register birth (1) A person commits an offence if the person-- (a) obtains the re-registration of the birth of an adopted child or young person; and (b) the re-registration is obtained otherwise than in accordance with this regulation. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. ADOPTION REGULATION 1993 - REG 28 Obligations of registrar-general The registrar-general must not-- (a) omit or refuse, without reasonable cause, to register in the register of adoptions in accordance with this part an adoption order or an order discharging an adoption order; or (b) omit, or refuse, without reasonable cause, to re-register in the register of births in accordance with this part the birth of an adopted child or young person who was born in the ACT; or (c) enter any particulars in the register of adoptions if those particulars are, to his or her knowledge, false or misleading in a material particular. ADOPTION REGULATION 1993 - REG 29 Memoranda of orders sent to States and other Territories The prescribed officer of a State or of a Territory specified in schedule 1, column 2 to whom a memorandum of an order, or copy of the discharge of an order, for the adoption of a child or young person born in that State or Territory is to be sent under the Act, section 105 is the officer of that State or Territory specified in that schedule, column 3 opposite the name of that State or Territory. ADOPTION REGULATION 1993 - REG 30 Reviewable decisions--Act, s 102, def reviewable decision A decision mentioned in schedule 2, column 3, under a provision mentioned in column 2 in relation to the decision is prescribed. ADOPTION REGULATION 1993 - REG 30A Right of review and notice--Act, s 103 and s 103A An entity mentioned in schedule 2, column 4 is prescribed. ADOPTION REGULATION 1993 - SCHEDULE 1 Schedule 1 Registering officers (see s 29) column 1item column 2State or Territory column 3registering officer 1 New South Wales principal registrar of births, deaths and marriages 2 Victoria government statist 3 Queensland registrar-general 4 Western Australia registrar-general 5 South Australia principal registrar of births, deaths and marriages 6 Tasmania registrar of births, deaths and marriages 7 Northern Territory registrar of births, deaths and marriages 8 Norfolk Island registrar of births, deaths and marriages 9 Christmas Island registrar-general of births, deaths and marriages 10 Cocos (Keeling) Islands registrar-general of births, deaths and marriages ADOPTION REGULATION 1993 - SCHEDULE 2 Schedule 2 Reviewable decisions (see s 30 and s 30A) Note If a child or young person is mentioned in col 4 in relation to a decision, the director-general must give a notice to the child or young person only if the director-general considers it appropriate, having regard to the age of the child or young person (see Act, s 103 (2)). column 1item column 2section column 3decision column 4entity 1 Act, 18 refuse to approve application under section 18 applicant for approval 2 Act, 19 removal of person's name from register under section 19 person whose name was removed 3 Act, 32 deny access person denied access or person who has custody of child or young person or child or young person 4 Act, 38 refuse to declare that child or young person is under director-general's guardianship requesting authority in State or another Territory or person with whom child or young person has been placed with view to adoption or child or young person 5 Act, 62 refuse to give information, request authority to give information, or make enquires applicant for information 6 Act, 62 (3) refuse to cause search to be made in register of births or refuse to issue copy of, or extract from, search or notification of result of search applicant for search 7 Act, 68 (7) withhold information applicant for information 8 Act, 72 (1) supply document or information when applicant has not attended interview with approved counsellor applicant for document or information 9 Act, 72 (4) refuse to approve person as counsellor person refused approval 10 Act, 82 refuse to grant approval of private adoption agency principal officer of organisation 11 Act, 85 revoke or suspend approval principal officer of organisation that has approval revoked or suspended 12 Act, 92 deny approval of communication person who seeks approval to communicate or child or young person or adoptive parent 13 Act, 92 (b) approve communication subject to conditions or restrictions person who seeks approval to communicate or child or young person or adoptive parent 14 Act, 94 (2) (b) refuse to approve payment in respect of hospital and medical expenses adoptive parent or birth mother of child or young person or person who sought approval of payment 15 Act, 94 (2) (c) refuse to authorise payment or reward adoptive parent or birth mother of child or young person or person who sought approval of payment or reward 16 Act, 96 (2) refuse to approve advertising or other matter person who seeks approval of advertisement or other matter or child or young person 17 16 (a) refuse to approve tertiary qualification in social work or in appropriate social science person who seeks appointment as principal officer of private adoption agency 18 17 (a) refuse to approve course in social work person who seeks to act for or on behalf of private adoption agency ADOPTION REGULATION 1993 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o director-general (see s 163) o domestic partner (see s 169 (1)) o function o proceeding. Note 3 Terms used in this regulation have the same meaning that they have in the Adoption Act 1993 (see Legislation Act, s 148). For example, the following terms are defined in the Adoption Act 1993, dict: o adoption order o birth parent o charitable organisation o court o general consent o guardian o instrument of consent o interim order o limited consent o principal officer o private adoption agency o register of births o register of suitable people. "adoption record" means-- (a) a document; or (b) a database (however kept); or (c) a photograph or other pictorial representation of a person; that contains personal information about a person applying to adopt a child, or a person relinquishing a child for adoption. "primary witness" means a person mentioned in section 7 (2). "register of adoptions" means the register kept under section 22. "secondary witness" means a person mentioned in section 7 (3). ADOPTION REGULATION 1993 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history This regulation was originally the Adoption Regulations. It was renamed under the Legislation Act 2001. Adoption Regulation 1993 No 31 notified 30 July 1993 (s 2 (1)) s 1, s 2 commenced 30 July 1993 remainder commenced 31 July 1993 (s 2 (2)) as amended by Registrar-General (Consequential Provisions) Act 1993 No 64 sch 2 notified 6 September 1993 (Gaz 1993 No S172) s 1, s 2 commenced 6 September 1993 (s 2 (1)) sch 2 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No S207) Regulations Revision Regulations 1994 No 7 sch 1 notified 22 March 1994 commenced 22 March 1994 (s 2) Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 2 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 2 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250) Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 2 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 2 commenced 1 June 1998 (s 2 (2)) Children and Young People (Consequential Amendments) Act 1999 No 64 sch 3 notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (s 2 (1)) sch 3 commenced 10 May 2000 (s 2 (2)) Legislation (Consequential Amendments) Act 2001 No 44 pt 8 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 8 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Parentage Act 2004 A2004-1 sch 1 pt 1.3 notified LR 18 February 2004s 1, s 2 commenced 18 February 2004 (LA s 75 (1))sch 1 pt 1.3 commenced 22 March 2004 (s 2 and CN2004-3) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.2 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.2 commenced 24 November 2005 (s 2) Civil Unions Act 2006 A2006-22 sch 1 pt 1.3 notified LR 19 May 2006 s 1, s 2 commenced 19 May 2006 (LA s 75 (1)) sch 1 pt 1.3 never commenced Note Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93) Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.2 notified LR 15 May 2008 s 1, s 2 commenced 15 May 2008 (LA s 75 (1)) sch 1 pt 1.2 commenced 19 May 2008 (s 2 and CN2008-8) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.3 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.3 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Adoption Amendment Act 2009 (No 2) A2009-36 sch 1 pt 1.1notified LR 22 October 2009s 1, s 2 commenced 22 October 2009 (LA s 75 (1))sch 1 pt 1.1 commenced 22 April 2010 (s 2 and LA s 79) Adoption Amendment Regulation 2010 (No 1) SL2010-32notified LR 2 August 2010s 1, s 2 commenced 2 August 2010 (LA s 75 (1))remainder commenced 3 August 2010 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.6 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.6 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Name of regulations 1 am R2 LA; R4 LA Dictionarys 2 om Act 2001 No 44 amdt 1.64 ins SL2010-32 s 6 Notess 2A ins A2005-54 amdt 1.3 Offences against regulation--application of Criminal Code etcs 2B ins A2005-54 amdt 1.3 Definitions for regulations 3 am Act 2001 No 44 amdt 1.66, amdt 1.67 defs reloc to dict SL2010-32 s 5 om SL2010-32 s 6 def Act om Act 2001 No 44 amdt 1.65 def adoption list am Act 1999 No 64 sch 3 om SL2010-32 s 4 def determined fee om Act 2001 No 44 amdt 1.65 Register of suitable peoplept 2 hdg sub SL2010-32 s 7 Register of suitable people--requests for inclusions 4 sub SL2010-32 s 8 am SL2010-32 s 13 Consent must be accompanied by statutory declarations 5 sub Act 2001 No 44 amdt 1.68 Conditions for signings 6 am SL2010-32 s 13 Primary and secondary witnessess 7 am Act 1997 No 96 sch 2; Act 1999 No 64 sch 3; A2011-22 amdt 1.26 Access to informationpt 4 hdg om R8 LA Prescribed information--incest and sexual assaults 10 om A2009-36 amdt 1.1 Particulars to be given to director-general by private adoption agencies following adoption orderss 11 hdg am A2011-22 amdt 1.26s 11 am A2004-1 amdt 1.14; pars renum R3 LA (see A2004-1 amdt 1.15); A2006-22 amdt 1.12 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.3; SL2010-32 s 9, s 13 Transfer of private agency records to director-generals 12 hdg am A2011-22 amdt 1.26s 12 am Act 1999 No 64 sch 3 sub A2005-54 amdt 1.4 am SL2010-32 s 14; A2011-22 amdt 1.26 Maintenance of recordss 13 am Act 1999 No 64 sch 3 sub A2009-36 amdt 1.2 am A2011-22 amdt 1.26 Application for approval s 14 pars renum R2 LA am SL2010-32 s 13, s 14 Alteration of objects, structure or trusts of private adoption agencys 15 am Act 1999 No 64 sch 3; A2011-22 amdt 1.26 Principal officers 16 am Act 1999 No 64 sch 3; SL2010-32 s 14; A2011-22 amdt 1.26 People acting for or on behalf of private adoption agencys 17 am Act 1999 No 64 sch 3; SL2010-32 s 14; A2011-22 amdt 1.26 Adoption of overseas children or young peoples 18 hdg am SL2010-32 s 14s 18 am SL2010-32 s 13, s 14 Private adoption agencies not to breach Cwlth information privacy principless 21 sub A2005-54 amdt 1.5 Register of adoptionss 22 am Act 1993 No 64 sch 2; Act 2001 No 44 amdt 1.69 Registrations 23 am Act 1993 No 64 sch 2; Act 2001 No 44 amdts 1.70-1.72; SL2010-32 s 10 Access to information from register of adoptionss 24 am Act 1993 No 64 sch 2; Act 2001 No 44 amdt 1.73-1.75 Re-registration of birth of adopted child or young persons 25 hdg am SL2010-32 s 13s 25 am Act 1993 No 64 sch 2; SL2010-32 s 11, s 13 Correction of errors in register of adoptionss 26 am Act 1993 No 64 sch 2 Cancellation of entries in register of adoptionss 27 am Act 1993 No 64 sch 2 Offence to destroy etc registers 27A ins A2005-54 amdt 1.6 Offence to re-register births 27B ins A2005-54 amdt 1.6 am SL2010-32 s 13 Obligations of registrar-generals 28 hdg sub A2005-54 amdt 1.7s 28 am Act 1993 No 64 sch 2; A2005-54 amdt 1.8; SL2010-32 s 13 Memoranda of orders sent to States and other Territoriess 29 am Act 2001 No 44 amdts 1.76-1.78; SL2010-32 s 13 Reviewable decisions--Act, s 102, def reviewable decisions 30 am 1994 No 7 sch 1; Act 1994 No 60 sch 2; Act 1999 No 64 sch 3 sub A2008-37 amdt 1.15 Right of review and notice--Act, s 103 and s 103As 30A ins 1994 No 7 sch 1 am Act 1994 No 60 sch 2; Act 1999 No 64 sch 3 sub A2008-37 amdt 1.15 Determination of feess 31 om Act 2001 No 44 amdt 1.79 Registering officerssch 1 orig sch 1 om Act 2001 No 44 amdt 1.80 (prev sch 2) renum as sch 1 Act 2001 No 44 amdt 1.81 Reviewable decisionssch 2 hdg note am A2011-22 amdt 1.26sch 2 orig sch 2 renum as sch 1 ins A2008-37 amdt 1.16 am A2009-36 amdt 1.3; items renum R8 LA; SL2010-32 s 13; A2011-22 amdt 1.27 Dictionarydict ins SL2010-32 s 12 am A2011-22 amdt 1.28 def adoption record reloc from s 3 SL2010-32 s 5 def primary witness reloc from s 3 SL2010-32 s 5 def register of adoptions reloc from s 3 SL2010-32 s 5 def secondary witness reloc from s 3 SL2010-32 s 5 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1994 No 60 31 January 1995 2 A2001-44 11 April 2002 3 A2004-1 22 March 2004 4 A2004-1 3 November 2004 5 A2005-54 24 November 2005 6 A2008-14 19 May 2008 7 A2008-37 2 February 2009 8 A2009-36 22 April 2010 9 SL2010-32 3 August 2010 (c) Australian Capital Territory 2011 ADOPTION REGULATION 1993 - NOTES Australian Capital Territory SL1993-31 Republication No 10 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Adoption Regulation 1993 , made under the Adoption Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Adoption Regulation 1993 Endnotes Australian Capital Territory Adoption Regulation 1993