Queensland Consolidated Acts

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ADOPTION OF CHILDREN ACT 1964 - SECT 13B

13B Chief executive's assessments

(1) This section applies to an assessment required under section 13AE or 13AF.

(2) The assessment must decide whether--

(a) for a person whose name is in an adoption list--the welfare and interests of a child to be adopted will be promoted by making an adoption order in favour of the person; or
(b) for a person whose name is in the expression of interest register--the person is of good repute and is a fit and proper person to become an adoptive parent.

(3) If a married couple has done either of the following, the chief executive may make 1 assessment of both persons--

(a) made a joint application;
(b) jointly expressed an interest in being assessed as suitable to be prospective adopters.

(4) The chief executive shall give written notification of an assessment under this section to the person in respect of whom it was made or in the case of an assessment made in respect of a married couple, to that couple and in the case of an assessment unfavourable to the person or married couple, shall specify in the notification the grounds on which the assessment is based.

(5) However, if the chief executive has been requested not to specify any particular ground or grounds in a notification by--

(a) in the case of a notification to a married couple--1 of the couple; or
(b) in the case of a notification to a person who is a spouse--the person or the other spouse;

the chief executive is not required by subsection (4) to specify that ground or those grounds in the notification.

(6) Every notification required by subsection (4) shall be given within 14 days after the assessment is made.

(7) Where the chief executive has made an assessment under this section that is unfavourable to a person, the chief executive shall--

(a) subject to a review of the assessment by the tribunal; and
(b) unless the chief executive decides to defer the matter of the application or expression of interest in question;

cause the name of the person or, if the assessment relates to a married couple, the names of both of them, to be removed from the adoption list or the expression of interest register in which the name is or the names are included.

(8) In respect of persons whose names are entered in the Relative Children's Adoption List, the chief executive must try to make the assessment under this section in the order in which those names are included in the adoption list, except where the chief executive is of the opinion that the welfare and interests of a child require that that order be departed from or where the person due to be assessed so approves or, in the case of a married couple that is due to be assessed, both of them so approve.

(9) If a person named in the Special Needs Children's Adoption List is not assessed under this section within a time prescribed by the regulations the chief executive shall cause the name of that person to be removed from the adoption list.



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