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Adoption Bill 2009
Adoption Bill 2009
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Phil Reeves MP
Short title
The short title of the Bill is the Adoption Bill 2009.
Objective of the amendments
The objectives of the amendments are to:
· clarify that a regulation may be made to prescribe a fee for the
supervision of a child from another country who has been, or is to be,
adopted by Queensland adoptive parents; and
· update a consequential amendment to acknowledge the repeal of the
Freedom of Information Act 1992 and the passage of the Right to
Information Act 2009.
Reasons for the objective
Clause 198 of the Bill applies in relation to children brought to Queensland
from another country to be adopted in Queensland under arrangements
made between the chief executive and the competent authority for the other
country. This clause provides that the chief executive must supervise the
child's wellbeing and interests while the child is in the custody of the
prospective adoptive parents, in the circumstances stated in the clause.
Clause 298 of the Bill applies in relation to a child who has already been
adopted in a country other than Australia or New Zealand; the adoption has
been in force for less than one year; and the child is present in Queensland.
This clause provides that the chief executive may supervise the wellbeing
and interests of the child for a period up to one year, starting on the day the
child arrives in Queensland.
In each case, the process of supervising the wellbeing and best interests of
the child during the period after they have been placed with their
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Adoption Bill 2009
prospective adoptive parents, or adoptive parents, incurs significant costs.
The supervision of the child is also necessary to enable the Government to
fulfil its obligation to provide regular assessment reports about an adopted
child's progress to the relevant overseas authorities for children adopted
through the Intercountry Adoption Program.
The supervision fee was introduced in 2007 to partially recoup the costs of
undertaking these activities. The amendments will clarify that the fee may
continue to be prescribed by a regulation made under the new Adoption
Act.
There is a consequential amendment in schedule 2 the Adoption Bill 2009
to the Freedom of Information Act 1992 which replaces a reference to the
to-be-repealed Adoption of Children Act 1964 with a reference to the
Adoption Act 2009. The Freedom of Information Act 1992 has been
repealed and the cross-reference to the Adoption of Children Act 1964 is
now contained in the Right to Information Act 2009. The amendment will
update the consequential amendment accordingly.
Consistency with Fundamental Legislative Principles
The amendments do not conflict with Fundamental Legislative Principles.
Consultation
The Department of the Premier and Cabinet has been consulted and
supports the amendments.
Notes on Provisions
Amendment 1 amends clause 198 of the Bill to insert subsections (3) and
(4), which provide that the chief executive may, by written notice, require
the prospective adoptive parents to pay the fee prescribed under a
regulation for the supervision. The notice must state the time, not less than
30 days after the notice is given, by which the fee must be paid.
Amendment 2 amends clause 298 of the Bill to insert subsections (2A)
and (2B), which provide that if the chief executive carries out the
supervision, the chief executive may, by written notice, require the child's
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Adoption Bill 2009
adoptive parents to pay the fee prescribed under a regulation for the
supervision. The notice must state the time, not less than 30 days after the
notice is given, by which the fee must be paid.
Amendment 3 amends the consequential amendments set out in schedule
2 of the Bill. Since the Adoption Bill 2009 was introduced into Parliament,
the Freedom of Information Act 1992 has been repealed and the Right to
Information Act 2009 has been passed and commenced operation. The
reference to the Adoption of Children Act 1964 that was in the Freedom of
Information Act 1992 is now contained in the Right to Information Act
2009. The amendment updates the consequential amendment to reflect this
fact.
© State of Queensland 2009
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