Northern Territory Consolidated Acts

ADOPTION OF CHILDREN ACT - SECT 3

(1) In this Act, unless the contrary intention appears -

"Aboriginal" means a person who is a member of the Aboriginal race of Australia;

"adoption list" means the record of names of couples kept and maintained under Division 2 of Part 3;

"adoptive parent", in relation to a child, means a person in whose favour an order for the adoption of a child has been made (whether before or after the commencement of this Act);

"allocation", in respect of the adoption of a child, means the matching of a person or persons wishing to adopt a child and a child who is available for adoption (for the purposes of the adoption of the child) taking into account the interests and welfare of the child and the wishes of the parent or parents of the child and the person or persons wishing to adopt;

"approved person" means a person, or the holder from time to time of a particular designation or office, approved in writing by the Minister for a purpose under this Act;

"care and custody", in relation to a child, means the responsibility for the daily care and control of the child, including making decisions concerning the accommodation, attendance at school, clothing, feeding, transportation, behaviour and urgent or routine health needs of the child;

"child" means a person who is or was available for adoption in respect of whom an order for adoption is yet to be made or has been made;

"citizen-child" means a child who was born and is domiciled in a State or Territory of the Commonwealth;

"Court" means the Local Court;

"Department" means the department responsible through the Minister for the administration of this Act;

"disposition of property" includes the grant or exercise of a power of appointment in respect of property;

"guardian", in relation to a child, means the person who has the responsibility for the care and custody and the long term welfare of the child (including decisions concerning education, religion, place of residence and the general health of the child) and who has the rights, powers and duties vested by law or custom in the guardian of the child;

"marriage" means a legal marriage and married has a corresponding meaning;

"non-citizen child" means a child who has not attained the age of 18 years, who has entered the Territory as a non-citizen for the purposes of being adopted by a permanent resident of Australia and who is intended to become a permanent resident of Australia;

"overseas country" means a country that is outside the Commonwealth and the Territories of the Commonwealth and includes part of such a country;

"parent" means birth parent or adoptive parent;

"Registrar" means the Registrar within the meaning of the Local Court Act ;

"relative", in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of whole-blood or half-blood or by affinity, and notwithstanding that the relationship depends on the adoption of any person;

"relinquishing parent" means a parent who has relinquished a child (for the purposes of the adoption of the child) in respect of whom an order for adoption has been made;

"spouse" means a person who is married or who is living in a traditional Aboriginal marriage in relation to the man or woman to whom he or she is married or with whom he or she entered into the traditional Aboriginal marriage;

"traditional Aboriginal marriage" means a relationship between an Aboriginal man and woman that is recognised as a traditional marriage by the community or group to which either Aboriginal belongs.

(2) Where the holder of an office that is established by another Act is referred to in this Act and the holder of that office has power to delegate to another person or holder of an office or designation all or any of his or her powers and functions under that Act -

(a) the powers and functions that may be so delegated are deemed to include the powers and functions under this Act and the powers and functions under this Act may be delegated in the manner provided by that other Act; and

(b) in relation to a power or function so delegated, a reference in this Act to the holder of that office shall be read as including a reference to the delegate.

(3) For the purposes of this Act, "birth", in relation to a child or a parent, means as a result of a pregnancy caused -

(a) by sexual relations; or

(b) by a fertilisation procedure within the meaning of Part IIIA of the Status of Children Act , parenthood being determined in accordance with that Part.

(4) For the purposes of this Act, a reference to 2 persons or a couple in relation to a joint adoption of a child under this Act is a reference to -

(a) a man and woman who are married; or

(b) an Aboriginal man and woman who are living together in a traditional Aboriginal marriage.