New South Wales Repealed Acts

This legislation has been repealed.

ADOPTION INFORMATION ACT 1990 - SECT 12A

12A Discretion to withhold supply (or authorise the withholding of supply), to supply information or to supply it subject to conditions

(1) The following persons may request the Director-General to act under this section:

(a) an adopted person who is 18 or more years old,

(b) a birth parent,

(c) an adoptive parent of a person who is less than 18 years old,

(d) an adoptive parent of a person who is 18 or more years old and who has consented to the request being made.

(2) The Director-General may, at the request of a person referred to in subsection (1):

(a) refuse to supply (or, if the regulations provide for the issue of a supply authority, to issue a supply authority authorising an information source to supply) any birth certificate or prescribed information to which an entitlement arises under this Part, or

(b) supply such a certificate or information subject to conditions specified in writing by the Director-General, or

(c) if the regulations provide for the issue of a supply authority, issue a supply authority authorising an information source only to supply, subject to compliance with conditions specified by the Director-General, any birth certificate or prescribed information.

(3) The Director-General may refuse to supply a birth certificate or prescribed information under this section only if, in the opinion of the Director-General, exceptional circumstances exist that make it necessary to do so to prevent serious harm to a party concerned.

(4) Conditions that may be imposed by the Director-General under this section include conditions requiring the person entitled to the birth certificate or prescribed information to undergo counselling by a person specified by the Director-General before the certificate or information is supplied.

(5) The Director-General must deal with a request under this section in accordance with any guidelines prescribed by the regulations.

(6) An information source must not supply any birth certificate or prescribed information the subject of a supply authority imposing conditions on its supply unless the conditions are complied with.

(7) The Director-General may not (despite section 5 of the Community Welfare Act 1987 ) delegate to another person the exercise of any function of the Director-General under this section.