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ADOPTION INFORMATION BILL 1990 *
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are:
to give adult adopted persons greater access to information concerning their
origins; and
to give the birth parents and adoptive parents of adult adopted persons
greater access to information concerning their children; and
to preserve controls adoptive parents have over the access of adopted
children to information concerning their origins while recognising the
paramount interests of adopted children; and
to give the relatives of adopted persons, birth parents and other persons
access to information concerning adopted persons' origins in special
circumstances; and
to protect the privacy of adopted persons and birth parents by establishing
a system of vetoes against contact with persons identified through access to
information concerning persons adopted before the date of assent to this
Act; and
to limit the disclosure of information concerning the personal affairs of
persons that might unduly intrude on their privacy; and
to make provision for the continued use of the Adopted Persons Contact
Register.
PART 1 -- PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act. Certain provisions
are to be commenced on the date of assent to enable the system of contact vetoes
* Amended in committee -- see table at end of volume.
Clause 3 states the objects of the proposed Act.
Clauses 4 and 5 contain definitions used in the proposed Act.
PART 2 -- ACCESS TO BIRTH CERTIFICATES
AND OTHER INFORMATION
The proposed Part sets out the entitlements of adopted persons, adoptive parents,
birth parents, relatives and others to access information. Two categories of
information are recognised - birth certificates and prescribed information. Two
forms of birth certificate are involved - the original birth certificate (which indicates
the birth parents of the adopted person) and the amended birth certificate (which
indicates the adoptive parents of the adopted person). Prescribed information is
information of a type prescribed by the regulations that is held by the Department
of Family and Community Services and information sources such as the Supreme
Court, hospitals and private adoption agencies. Examples of types of information
that may be prescribed in respect of the entitlement of a particular group of persons
to information include the age of birth parents, the general physical appearance of
birth parents, the existence of any other child or children born to the birth parents
and the reasons why a child was placed for adoption.
The proposed Act requires a person in most instances to obtain a birth certificate
before being entitled to access prescribed information because contact vetoes are to
be endorsed on the certificate.
Clause 6 sets out the entitlement of an adopted person to access information. An
adopted person who is 18 or more years old (and in limited cases an adopted person
under that age) will be entitled to receive a copy of his or her original birth certificate
and prescribed information relating to his or her birth parents held by an information
source. Any such adopted person will also be entitled to obtain prescribed
information relating to any brothers or sisters who have been adopted.
The clause preserves the existing controls adoptive parents have in relation to the
access to information of adopted persons who are less than 18 years old.
Clause 7 sets out the entitlement of an adoptive parent to access information. An
adoptive parent of a person who is 18 or more years old is entitled to receive a copy
of the person's original birth certificate provided that the parent has the consent of
the adopted person. An adoptive parent is also entitled to prescribed information
relating to the adopted person.
Clause 8 sets out the entitlement o f a birth parent to access information. A birth
parent of an adopted person is entitled to receive a copy of the amended birth
certificate of the adopted person (if the adopted person is 18 or more years old) and
prescribed information relating to the adopted person or the adoptive parents held
by an information source.
Clause 9 enables relatives and other persons to access information concerning
adopted persons and birth parents, but only after they have died. The information
is to be accessed (in the case of a person other than a relative or spouse) only if a
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A d o p t i o n Information 1 9 9 0
de facto or other close personal relationship between the parties is established and
the Director-General of the Department of Family and Community Services has
taken into account the implications for the welfare of surviving persons who are
involved.
Clause 10 specifies the procedure to be followed in applying for access to
information.
Clause 11 specifies the persons who are to deal with an application for access to
information.
Clause 12 enables the Director-General to give access (or to authorise an
information source to give access) to information before an entitlement to it arises
if disclosure of the
information would promote the welfare and best interests of the
parties involved.
Clause 13 requires information sources to comply with prescribed guidelines in
disclosing information from records held by them.
Clause 14 provides that a person is entitled to access information in Supreme
Court records only if the Court so orders. The Court may only make such an order
if satisfied that the person has taken all reasonable steps to obtain the information
From other information sources.
Clause 15 makes it an offence to disclose certain information obtained in
connection with the administration OF execution of the proposed Act without proper
authority or to publish information disclosed in proceedings before a court or
tribunal in contravention of an order of the court OF tribunal.
PART 3--CONTACT VETOES
The proposed Part provides the framework for the system of vetoes against
contact to protect the privacy of persons adopted before the date of assent to the
proposed Act and of their birth parents. Contact vetoes may be lodged by adopted
persons who are 17 years 6 months or more and the birth parents of adopted persons.
Clause 16 specifies the persons who may lodge a contact veto.
Clause 17 limits contact vetoes to existing adoptions.
Clause 18 sets out the manner of lodging a contact veto.
Clause 19 provides for the establishment of the Contact Veto Register and sets
out the details to be shown on it.
Clause 20 requires the Director-General to advise the Principal Registrar of
Births, Deaths and Marriages of the entry of a contact veto by an adopted person so
that the adopted person's birth certificate may be endorsed to indicate the existence
of the contact veto.
Clause 21 requires the Principal Registrar to register details of the contact veto
on the relevant birth certificates.
Clause 22 provides for contact vetoes to generally take effect 5 working days alter
being registered. Provision is also made for contact vetoes lodged before the
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Clause 23 provides for the expiration of a contact veto on closure of the Contact
Veto Register unless sooner cancelled or unless the person who lodged it dies.
Clause 24 enables the Director-General to approach a person who has lodged a
contact veto at the request of a person who has been refused contact to determine
whether the person wishes to confirm, cancel or vary the contact veto.
Clauses 25 and 26 require the Director-General to give certain notifications
relating to the accessing of information.
Clause 27 requires a person obtaining a birth certificate endorsed with a contact
veto to sign an undertaking against contact. Undertakings in other circumstances
may also be required.
Clause 28 makes it an offence to contact or attempt to contact a person contrary
to a contact veto. The clause also makes it an offence to use information supplied
under the proposed Act to intimidate or harass a person who lodged a contact veto.
Clause 29 requires consideration to be given to the closing of the Contact Veto
Register. The Register is to be closed after a period of 10 years if this appears to be
appropriate after taking into account written submissions received from the public.
PART 4 -- REUNION OF ADOPTED PERSONS
AND OTHER PERSONS
The proposed Part restates (with some modifications) provisions currently
contained in Part 5 A o f the Adoption of Children Regulations. Provision is made for
adopted persons and birth parents to enter their names in an Adopted Persons
Contact Register so that reunions may be arranged with other persons whose names
are so registered. Action may, in limited circumstances, be taken to locate persons
whose names are not registered to ascertain their wishes concerning reunions.
Clause 30 defines "register" for the purposes of the proposed Part.
Clause 31 provides for the entry of persons' names in the register.
Clause 32 specifies the persons eligible to have their names entered in the register.
In the case of an adopted person who is less than 18 years old the Director-General
may generally enter the person's name only with the consent of the person's adoptive
parents but may do so without consent in certain circumstances.
Clause 33 provides for the Director-General to arrange for the reunion of an
adopted person with another person whose name is entered on the register. If the
adopted person is less than 18 years old a reunion will generally not be arranged
without the consent of the person's adoptive parents.
Clause 34 enables the Director-General (in limited circumstances) to locate
persons whose names are not included on the register to ascertain their wishes
concerning reunion with a person whose name is on the register.
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Adoption Information 1990
PART 5 -- MISCELLANEOUS
Clause 35 authorises fees and charges to be set.
Clause 36 provides for appeals to the Community Welfare Appeals Tribunal
(constituted under Part 6 of the Community Welfare Act 1987) against certain
decisions of the Director-General under the proposed Act.
Clause 37 provides for the manner of giving notice under the Act.
Clause 38 makes it an offence to make false statements in applications etc. under
the proposed Act.
Clause 39 makes it an offence to impersonate certain persons.
Clause 40 provides for proceedings for an offence under the proposed Act to be
disposed of summarily before a Local Court. Proceedings for the offence of breaking
a contact veto may be instituted only with the consent of the Attorney General.
Clause 41 enables the making of regulations.
Clause 42 repeals Part SA of the Adoption of Children Regulations.
Clauses 43 and 44 are machinery provisions relating to the Schedules to the Act.
Schedule 1 makes consequential amendments to the following Acts:
Adoption of Children Act 1965
Freedom of Information Act 1989
Registration of Births, Deaths and Marriages Act 1973
Schedule 2 enacts savings, transitional and other provisions.
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