(a)     inspection of the register or such a memorandum or copy;

        (b)     in the case of the register—provision of an extract from the register; and

        (c)     in the case of a memorandum of an order or a copy of a memorandum of an order—provision of a copy of, or an extract from, such a memorandum or copy.

Re-registration of birth of adopted child

25. (1) Where an order for the adoption of a child born in the Territory has been registered in the register of adoptions, the Registrar of Births, Deaths and Marriages shall re-register the birth of the child by entering in the register of births—

        (a)     particulars, ascertained from the memorandum or copy of the adoption order—

              (i)     of the child's name after adoption;

              (ii)     of the sex, date and place of birth of the child; and

              (iii)     of the adoptive parents or parent; and

        (b)     a notation to the entry, signed and dated by the Registrar, to the effect that the birth of the child is registered under this regulation.

(2) Where, in respect of a child born in the Territory, an order discharging an adoption order has been registered in the register of adoptions, the Registrar of Births, Deaths and Marriages shall—

        (a)     make a notation accordingly on the page in the register of births on which the birth of that child has been re-registered under subregulation (1); and

        (b)     re-register the birth of that child accordingly.

(3) The notation referred to in subregulation (1) or (2) shall not be included on any copy of, or extract from, an entry in the register of births issued by the Registrar of Births, Deaths and Marriages.

(4) Where the Registrar of Births, Deaths and Marriages re-registers the birth of an adopted child under this regulation, he or she shall sign and date a notation, written on the page of the register of births which contains the original entry of the birth, to the effect that the birth of the child has been re-registered under this regulation on a specified page of the register.

(5) Where an adoption order relates to a child who has previously been adopted, the Registrar of Births, Deaths and Marriages shall re-register the birth of the child as if the entry relating to the previous adoption of that child were the original entry of the birth of that child.

(6) This regulation has effect, in relation to an adoption order, or an order discharging an adoption order, made under the repealed laws and in force on 31 July 1993 as if the relevant order had been made under the Act.

Correction of errors in register of adoptions

26. (1) Where the Registrar of Births, Deaths and Marriages is satisfied that the register of adoptions contains an error or mis-statement in, or an omission from, any particulars entered under these Regulations, he or she shall correct the register accordingly.

(2) Where the Registrar of Births, Deaths and Marriages corrects an entry in the register of adoptions under subregulation (1), he or she shall sign his or her name immediately under the correction and write the date on which the correction was made.

Cancellation of entries in register of adoptions

27. (1) Where the Registrar of Births, Deaths and Marriages is satisfied that an entry in the register of adoptions is false, he or she shall cancel the entry by writing in the margin of the entry the words “Cancelled under regulation 27 of the Adoption Regulations”, signing his or her name immediately under those words and writing the date on which the entry was cancelled.

(2) The Registrar of Births, Deaths and Marriages shall not cancel an entry in the register of adoptions—

        (a)     if the entry can be corrected under regulation 26; or

        (b)     unless the Attorney-General, or a person authorised by the Attorney-General, has approved, in writing, the cancellation of the entry.

Offences relating to registration

28. (1) A person shall not—

        (a)     destroy, deface or damage the register of adoptions; or

        (b)     obtain the re-registration of the birth of an adopted child otherwise than in accordance with these Regulations.

Penalty: $500.

(2) The Registrar of Births, Deaths and Marriages shall 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;

        (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 who was born in the Territory; 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.

Memoranda of orders sent to States and other Territories

29. (1) A memorandum of an order for the adoption of a child whose birth the Registrar of the Court has reason to believe is registered in a State or in another Territory of the Commonwealth shall be in accordance with Form 3.

(2) The prescribed officer of a State or of a Territory specified in Column 1 of Schedule 2 to these Regulations to whom a memorandum of an order, or copy of the discharge of an order, for the adoption of a child born in that State or Territory is to be sent under section 105 of the Act is the officer of that State or Territory specified in Column 2 of that Schedule opposite the name of that State or Territory.

Notice of decisions

30. (1) Where the Director makes a decision—

        (a)     refusing to approve a tertiary qualification in social work, or in an appropriate social science under paragraph 16 (a); or

        (b)     refusing to approve a course in social work under paragraph 17 (a);

he or she shall, within 30 days after the date of the decision, cause notice in writing of the decision to be given to the person affected by the decision.

(2) A notice under subregulation (1) shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates; and

        (b)     except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.

(3) The validity of a decision referred to in subregulation (1) shall not be taken to be affected by a failure to comply with subregulation (2).

Determination of fees

31. (1) The Minister may, by notice in writing published in the Gazette , determine fees for the purposes of these Regulations.

(2) A determination under subregulation (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

SCHEDULE 1

FORMS

    FORM 1     Paragraph 5 (a)

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

GENERAL CONSENT OF PARENT OR GUARDIAN TO ADOPTION

I [ full name and address of person consenting and the capacity in which the person's consent is required ] hereby consent, subject to the desires or wishes expressed below, to the adoption of [ name in which the birth of the child to be adopted is registered ] born [ date and place of birth ] by any person or persons in accordance with the law of the Australian Capital Territory.

I received this form no later than 14 days ago.

[*I have read/*There has been read to me] the explanation set out below of the effect of an adoption order.

I have received information on the legal implications of adoption and I understand the legal consequences of signing this consent for the adoption of my child.

Religious upbringing     *I desire that my child be brought up in the [ name of religion ].     *I do not desire to express a wish with respect to the religious upbringing of my child.

Racial or ethnic background of adoptive parents     *I desire that my child [*be/*not be] brought up by a proposed adoptive parent, or proposed adoptive parents with the following racial or ethnic background: [ specify ].     *I do not wish to express a wish with respect to the racial or ethnic background of the proposed adoptive parent, or proposed adoptive parents, of my child.

Single adoptive parent     *I desire that my child [*be/*not be] brought up by a single person.     *I do not desire to express a wish with respect to whether or not my child is brought up by a single person.

Date:

Signature:

Attestation of primary witness

1.     I have informed [ name of person signing the instrument ] about the legal implications of adoption and the legal consequences of signing the instrument.

2.     I am satisfied that [ name of person signing the instrument ] understands the legal implications of adoption and the legal consequences of signing this instrument.

3.     I have witnessed [ name ] sign this instrument.

Date:

Signed:

Capacity under subregulation 7 (2) of the Adoption Regulations in which instrument is witnessed:

Attestation of secondary witness

1.     [ Name primary witness ] has adequately informed [ name of person signing the instrument ] about the legal implications of adoption and the legal consequences of signing the instrument.

2.     I am satisfied that [ name of person signing the instrument ] understands the legal implications of adoption and the legal consequences of signing this instrument.

3.     I have witnessed [ name ] sign this instrument.

Date:

Signature of secondary witness:

Capacity under subregulation 7 (3) of the Adoption Regulations in which instrument is witnessed:

Dated:

* Strike out where inapplicable

EFFECT OF ADOPTION ORDER

Upon the making of an adoption order—

        (a)     the adopted child becomes in contemplation of law a child of the adoptive parents, and the adoptive parents become in contemplation of law the parents of the child as if the child had been born to the adoptive parents;

        (b)     the adopted child ceases to be a child of the birth parents or of any person who was an adoptive parent before the making of the adoption order, and any such person ceases to be a parent of the child;

        (c)     any existing appointment of a person as guardian of the adopted child ceases to have effect;

        (d)     any previous adoption of the child (whether under a law of the Territory or otherwise) ceases to have effect;

        (e)     for the purposes of any law of the Territory relating to an offence of child sexual abuse, the adoption order will not affect the liability of the birth parents for prosecution for an offence occurring before or after the adoption;

        (f)     rights in respect of property and succession to property are determined according to the relationships created by the adoption, but property rights acquired before the commencement of the Act or under subsection 48 (1) of the Act are not affected;

        (g)     the child acquires the domicile of the adoptive parents, but the child's race, nationality and citizenship are not affected; and

        (h)     a maintenance order, or an agreement, made before the adoption order, by which the alleged birth father of the child is to make payments for the maintenance of the child ceases to have any further effect (except as to arrears owing) .

    FORM 2     Paragraph 5 (b)

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

LIMITED CONSENT OF PARENT OR GUARDIAN TO ADOPTION

I [ full name and address of person consenting and the capacity in which the person's consent is required ] hereby consent to the adoption of [ name in which the birth of the child to be adopted is registered ] born [ date and place of birth ] by—

    *(a)     [ full name and address of a particular person who is a relative of the child ];

    *(b)     [ full name and address of a person who has been appointed as a guardian of the child by order of a court ];

    *(c)     [ full name and address of a person in whose custody the child has been placed by the Director in accordance with a law of the Territory ];

    *(d)     [ full name and address of a person who is not a parent of the child but has lived with the parent of the child in a heterosexual relationship for a period of not less than 3 years ] .

I received this form no later than 14 days ago.

[*I have read/*There has been read to me] the explanation set out below of the effect of an adoption order.

I have received information on the legal implications of adoption and I understand the legal consequences of signing this consent for the adoption of my child.

Religious upbringing     *I desire that my child be brought up in the [ name of religion ].     *I do not desire to express a wish with respect to the religious upbringing of my child.

Date:

Signature:

Attestation of primary witness

1.     I have informed [ name of person signing the instrument ] about the legal implications of adoption and the legal consequences of signing the instrument.

2.     I am satisfied that [ name of person signing the instrument ] understands the legal implications of adoption and the legal consequences of signing this instrument.

3.     I have witnessed [ name ] sign this instrument.

Date:

Signed:

Capacity under subregulation 7 (2) of the Adoption Regulations in which instrument is witnessed:

Attestation of secondary witness

1.     [ Name primary witness ] has adequately informed [ name of person signing the instrument ] about the legal implications of adoption and the legal consequences of signing the instrument.

2.     I am satisfied that [ name of person signing the instrument ] understands the legal implications of adoption and the legal consequences of signing this instrument.

3.     I have witnessed [ name ] sign this instrument.

Date:

Signature of secondary witness:

Capacity under subregulation 7 (3) of the Adoption Regulations in which instrument is witnessed:

Dated:

* Strike out where inapplicable

EFFECT OF ADOPTION ORDER

Upon the making of an adoption order—

        (a)     the adopted child becomes in contemplation of law a child of the adoptive parents, and the adoptive parents become in contemplation of law the parents of the child as if the child had been born to the adoptive parents;

        (b)     the adopted child ceases to be a child of the birth parents or of any person who was an adoptive parent before the making of the adoption order, and any such person ceases to be a parent of the child;

        (c)     where the order is made in favour of a person referred to in subsection 18 (2) of the Act—the relationship of the child with the parent referred to in that subsection is not affected;

        (d)     any existing appointment of a person as guardian of the adopted child ceases to have effect;

        (e)     any previous adoption of the child (whether under a law of the Territory or otherwise) ceases to have effect;

        (f)     for the purposes of any law of the Territory relating to an offence of child sexual abuse, the adoption order will not affect the liability of the birth parents for prosecution for an offence occurring before or after the adoption;

        (g)     rights in respect of property and succession to property are determined according to the relationships created by the adoption, but property rights acquired before the commencement of the Act or under subsection 48 (1) of the Act are not affected;

        (h)     the child acquires the domicile of the adoptive parents, but the child's race, nationality and citizenship are not affected; and

        (j)     a maintenance order, or an agreement, made before the adoption order, by which the alleged birth father of the child is to make payments for the maintenance of the child ceases to have any further effect (except as to arrears owing) .

    FORM 3     Subregulations 23 (1) and 29 (1)

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

MEMORANDUM OF ADOPTION ORDER

        No. of [ year ]
        Date of adoption order:
In the Supreme Court    
    of the Australian Capital Territory    

Particulars of Adopted Child

Full name before adoption
Sex
Date of birth
Place of birth
Father's full name
Mother's full name
Mother's full maiden name
Mother's surname at date of birth of adopted child
Full name of child after adoption

Particulars of Adopting Parents

Full name of adopting father
Occupation
Address
Place of birth
Age at date of birth of adopted child
Full name of adopting mother
Occupation
Address
Place of birth
Age at date of birth of adopted child
*When and where married
*Previous issue of marriage— (a) living (names and ages)     (b) deceased: males, females

* Strike out where inapplicable

Date:                     ,

    Registrar of the Supreme Court