New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 180A

180A Court authorisation of publication of identifying material

(1) The Court may, during any proceedings with respect to an adoption application, by order, authorise the publication of material that identifies, or is reasonably likely to identify, a person affected by the adoption application, other than material identifying birth parents, if it is satisfied that:

(a) each person affected by the adoption application consents to the publication (other than a child in relation to whom the adoption application is made who is under 18 years of age), and

(b) it is appropriate in the circumstances of the case to do so.

(2) If a child in relation to whom the adoption application is made is 12 or more years of age and is capable of giving consent, the Court must not authorise the publication of the material unless the child also consents to the publication.

(3) The Court may dispense with the consent of a person affected by an adoption application if that person is no longer alive, or cannot, after reasonable inquiry, be found or identified, or if there is, in the opinion of the Court, any other sufficient reason to dispense with their consent.

(4) The Director-General is entitled to appear and be heard at any proceedings the purpose of which is to determine an application for an order of the Court under this section.

(5) The Court is not to make an order authorising publication of material under this section unless satisfied that the Director-General has been given reasonable notice of the application for authorisation.

(6) In this section:
"adoption application" has the meaning given by section 180.
"material identifying birth parents" means any material that identifies, or is reasonably likely to identify, a person as a person who, when an adoption application is made, is the mother or father of the child to whom the adoption application relates or a person who has parental responsibility for the child.
"person affected" by an adoption application has the meaning given by section 180.