Australian Capital Territory Numbered Acts

ADOPTION ACT 1993 (NO 20 OF 1993)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Adoption Act 1993.  
   3.      The following Acts are repealed:  
   5.      This Act binds the Crown.  
   6.      For the purposes of this Act, the welfare and interests of the child concerned shall be regarded as the paramount consideration.  

   PART II--JURISDICTION PROCEEDINGS

   7.      Jurisdiction is conferred on the Court to hear and determine proceedings on applications for the making of adoption orders and other orders under this Act.  

   PART III--ADOPTIONS UNDER THIS ACT

   9.      Subject to this Act, the Court may, on application, make an order for the adoption of a child who—  
   10.     An adoption order shall not be made if the child has attained the age of 18 years unless the Court is of the opinion that—  
   11.     An adoption order may be made notwithstanding that the child has, whether before or after the commencement of this Act and whether in the Territory or elsewhere, previously been adopted.  
   13.     An adoption order shall not be made if the child is, or has been, married.  
   14.     An adoption order shall not be made if the Court is of the opinion that it is being sought primarily as a means of evading the operation of a law of the Commonwealth relating to immigration.  
   15.     The Director shall—  
   16.     (1) On receiving a request in writing from the applicants for an adoption order, the Director may, if he or she considers that they are suitable persons with whom to place a child for the purpose of adoption—  
   23.     The Court may permit such persons as the Court thinks fit to be joined as parties to proceedings on an application for an adoption order for the purpose of opposing the application or for the purpose of opposing an application to dispense with a requirement for a consent.  
   24.     When an adoption order has been made, the Registrar of the Supreme Court shall notify the Director in writing accordingly.  
   28.     Where a person whose consent to an adoption would, but for this section, be required is an applicant for the adoption order, the consent of that person is not required.  
   30.     A consent to an adoption shall be by an instrument substantially in accordance with the prescribed form, signed by the person giving the consent and attested as prescribed.  
   33.     A consent to the adoption of a child given by a person in accordance with the law of a State or another Territory that would be an effective consent under that law if the application had been an application for a corresponding order under that law is, if the consent of that person is required, an effective consent for the purposes of this Act.  
   40.     Where the Court is of the opinion—  
   42.     An adoption order ceases to be subject to a condition referred to in section 40—  

   PART IV--RECOGNITION OF ADOPTIONS INTERPRETATION

   53.     In this Part—“country” means a country other than Australia and includes a part of a country.  
   54.     For the purposes of the law of the Territory, the adoption of a person (whether before or after the commencement of this Act) in a State or another Territory in accordance with the law of that State or other Territory has, so long as it has not been rescinded under the law of that State or other Territory, the same effect as an adoption order made under this Act.  

   PART V--ACCESS TO INFORMATION

   58.     In this Part, unless the contrary intention appears—“adoptive relative” means a person who is a relative within the meaning of this Act as a consequence of an adoption; “associated person”, in relation to an adoption, means—  
   59.     The provisions of this Part apply in relation to an adoption—  
   63.     Subject to this Division, an associated person is entitled to access to, and to apply for information, other than identifying information, concerning an adoption.  
   65.     Where, under this Division, information concerning the medical or psychiatric condition of an applicant for that information or of a birth parent, birth relative or child of the applicant, may be disclosed, the relevant authority may, if the authority considers that the disclosure might be prejudicial to the physical or mental health or well-being of the applicant, refuse to disclose the information to the applicant personally and instead may disclose it (without identifying a person other than the applicant) to a medical practitioner nominated by the applicant and approved by the authority.  
   66.     Subject to this Division, an associated person is entitled to access to, and to apply for, identifying information concerning an adoption.  
   69.     Upon receiving—  
   70.     (1) Objection may be made by—  
   71.     (1) Where a person, other than an adopted person, has not attained the age of 18 years but would be entitled to lodge a contact veto on attaining 18 years, a parent may lodge a contact veto on his or her behalf.  
   73.     Where a person specified in, or included in a class of persons specified in, a contact veto requests information under section 67 (1) and an objection to contact is in force, the Director shall not divulge the information unless that person—  
   74.     When an adopted child who was—  

   PART VI--PRIVATE ADOPTION AGENCIES

   86.     Where a charitable organisation ceases to be approved as a private adoption agency—  
   87.     The regulations may prescribe requirements to be observed, and facilities to be provided, by private adoption agencies, including requirements with respect to the qualifications and experience of persons acting for or on behalf of private adoption agencies.  

   PART VII--OFFENCES TERRITORIAL APPLICATION OF PART

   88.     This Part does not apply in respect of acts occurring outside the Territory but, except to the extent to which the contrary intention appears, does apply in respect of acts done in the Territory in relation to the adoption of children in, or children adopted in, a State, another Territory or another country.  
   89.     A person who was a parent or guardian of a child but has, by reason of an adoption of the child, ceased to be the parent or guardian of the child shall not take, lead, entice or decoy the child away, or detain the child with intent to deprive the adoptive parents of the custody of the child.  
   90.     A person shall not receive or harbour a child on behalf of a person who, to his or her knowledge, has contravened section 89.Penalty: $20,000 or imprisonment for 2 years.  
   91.     A person who was a parent or guardian of a child but has, by reason of an adoption of the child, ceased to be the parent or guardian of the child shall not—  
   92.     The Director—  
   93.     In proceedings for an offence against paragraph 91 (b), a court shall—  
   98.     A person shall not, whether orally or in writing, wilfully make a false statement for the purpose of or in connection with an application for an adoption order or any other matter arising under this Act.Penalty: $20,000 or imprisonment for 2 years.  
   99.     A person shall not personate or falsely represent himself or herself to be a person whose consent to the adoption of a child is required under this Act or under a law of a State or another Territory.Penalty: $20,000 or imprisonment for 2 years.  
   100.    A person shall not present, or cause to be presented, to the Court in connection with an application for an adoption order a document purporting to be an instrument of consent to the adoption signed by a person whose consent to the adoption is required under this Act if the signature to the document was, to the knowledge of the first-mentioned person, forged or obtained by fraud, duress or other improper means.Penalty: $20,000 or imprisonment for 2 years.  
   101.    A person shall not subscribe his or her name as a witness to the signature of a person on an instrument of consent unless—  
   102.    A person shall not forge, or present to the Director, to a private adoption agency or to the Court knowing it to be forged, a document purporting to be an approval to the giving of identifying information concerning an adoption.  

   PART VIII--MISCELLANEOUS DELEGATIONS

   103.    The Director or the Community Advocate may, by instrument in writing, delegate to a public servant all or any of his or her powers or functions under this Act.  
   105.    Where—  
   106.    Where the Registrar of Births, Deaths and Marriages receives, in relation to a child whose birth is registered in the register of births, a memorandum or copy of an order for the adoption of the child made (whether by a court or not) under a law of a State or another Territory, or of an order discharging such an order, certified in writing to be a true memorandum or copy by a person authorised to certify that under the law of that State or other Territory, the Registrar shall—  
   107.    In proceedings on an application for an adoption order, the Court may make an order for the legal representation of the child.  
   108.    The Director shall inform a birth parent of a child in writing of—  
   111.    Proceedings for an offence against this Act or against the regulations shall not be commenced except by, or with the written consent of, the Minister.  
   113.    Except as the Court otherwise orders, a report to the Court under section 19 shall not be made available to a party to the proceedings or any other person.  
   114.    Except as provided by the regulations, the records of any proceedings under this Act shall not be open to public inspection.  
   116.    In any proceedings in a court of the Territory, a document purporting to be—  
   117.    In proceedings under this Act judicial notice shall be taken of the signature of a person who is or was the Director or his or her delegate, or holds or has held a corresponding office in a State or another Territory appearing on a document and of the fact that, at the time the document was signed, he or she held, or was acting in, that office.  
   118.    The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.  
   119.    A fee determined under section 118 is payable to the Territory in relation to the relevant matter specified in the notice referred to in that section.  
   121.    The Executive may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, making provision for or in relation to—