New South Wales Bills Explanatory Notes

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ADOPTION INFORMATION AMENDMENT BILL 1995

[Act 1995 No 61]
New South Wales
Adoption Information Amendment

Bill 1995

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to give effect to certain of the recommendations
made by the New South Wales Law Reform Commission in their report
entitled "Review of the Adoption Information Act 1990" and to make other
modifications to clarify its operation. The Bill amends the Adoption
Information Act 1990:
(a) to provide for administrative arrangements for obtaining access to
birth certificates and prescribed information to be rationalised and
simplified by enabling the regulations:

* to prescribe a person other than the Principal Registrar to
exercise any function under a provision of the Act relating to
access to birth certificates and prescribed information that is
currently exercised by the Principal Registrar, and
* to provide for access to birth certificates and prescribed
information to be gained without further inquiry by an
information source if authorised to do so by the
Director-General,


Adoption Information Amendment Bill 1995 [Act 1995 No 61]
Explanatory note

to make provision for a Reunion and Information Register that will
incorporate the existing Reunion Information Register and that will
facilitate the exchange of messages between persons concerned in or
affected by an adoption,
to establish an advance notice system to delay release of identifying
information under the Act for a fixed period at the request of a person
who could be identified by it,
to repeal provisions of the Act providing for the closure, without
consideration by Parliament, of the Contact Veto Register,
to expand the discretionary powers of the Director-General in relation
to limiting access to information to a person who would otherwise be
entitled to it and releasing information to which no entitlement is
given under the Act,
to clarify provisions relating to the entitlement of birth fathers to
receive information under the Act,
to enable birth parents to obtain certain non-identifying information
under the Act concerning a child under 18 years of age without first
obtaining a birth certificate,
to clarify the entitlement of relatives of deceased birth parents and
adopted children to receive information under the Act,
to enable information to be obtained from the Supreme Court without
first obtaining information from other sources,
to provide for internal review of decisions made by the
Director-General under the Act,
to enable persons directed to do so by the Guardianship Board to
exercise entitlements under the Act on behalf of disabled persons,
to make other changes of a minor, consequential or ancillary nature.

The Bill also amends the Guardianship Act 1987 to enable the Guardianship
Board to give certain directions relating to the exercise of entitlements under
the Adoption Information Act 1990 on behalf of disabled persons.

A detailed explanation of each amendment is set out in the Bill after the
amendment concerned.

Explanatory note page 2


Adoption Information Amendment Bill 1995 [Act 1995 No 61]
Explanatory note

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.

Clause 3 gives effect to the amendments to the Adoption Information Act
1990
set out in Schedule 1.

Clause 4 gives effect to the amendments to the Guardianship Act 1987 set
out in Schedule 2.

Clause 5 makes it clear that the explanatory notes contained in the Bill do
not form part of the proposed Act.

Explanatory note page 3


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