ADOPTION ACT 2009 NO. 29
Table of Provisions
Contents Part 1--Preliminary Division 1--Introduction- 1 Short title
- 2 Commencement
- 3 Dictionary Division 2--Application, object and guiding principles
- 4 Act binds all persons
- 5 Main object of Act
- 6 Guiding principles
- 7 Additional principles concerning Aboriginal and Torres Strait Islander persons
- 8 Act applies despite Anti-Discrimination Act 1991
- 9 References to child's wellbeing or best interests Division 3--Adoptions under this Act
- 10 Who may be adopted
- 11 Rules of private international law not relevant Division 4--Custody and guardianship
- 12 What is the effect of custody
- 13 What is the effect of guardianship Part 2--Consent to adoption and related matters Division 1--Preliminary
- 14 Non-application to intercountry adoptions
- 15 References to parent in pt 2
- 16 Requirement for consent
- 17 References to consent Division 2--Requirements about consent
- 18 Form of consent
- 19 Time of consent
- 20 Revocation of consent Division 3--Giving forms, information and counselling to parents
- 21 Obligation to enable understanding
- 22 Parents to be given consent documents
- 23 Parents to be given prescribed information
- 24 Parents to be given pre-consent counselling
- 25 Pre-consent information and counselling for Aboriginal or Torres Strait Islander child
- 26 Parents' access to legal advice Division 4--Ensuring parents have capacity to consent
- 27 Meaning of qualified person for div 4
- 28 Assessing whether a non-adult parent has capacity to consent
- 29 Declaration of tribunal whether an adult parent has capacity to consent
- 30 Appointment of guardian for adult parent without capacity to consent Division 5--Identifying child's father and related matters
- 31 Application of div 5
- 32 Establishing father's identity and location
- 33 Giving notice to father or person suspected to be father
- 34 Chief executive may apply for declaration of paternity Division 6--Dispensing with requirement for parent's consent
- 35 Application for dispensation
- 36 Notice of application
- 37 Respondent
- 38 Hearing of application in absence of relevant parent
- 39 Court may dispense with need for consent
- 40 Notice of court order
- 41 Discharge of dispensation order if relevant parent not served with application Division 7--Complying interstate consents
- 42 Consent given under a law of another State Division 8--Giving information, counselling and support to child
- 43 Application of div 8
- 44 Child must be given information
- 45 Child must be given counselling
- 46 Counselling for Aboriginal or Torres Strait Islander child
- 47 Child may be given other support Part 3--Custody and guardianship of a child awaiting adoption Division 1--Custody of child under care agreement
- 48 References to parent in div 1
- 49 Meaning of care agreement
- 50 Entering into care agreements
- 51 Effect of care agreement
- 52 No agreement against the wishes of a parent
- 53 Maximum period of care agreement
- 54 Ending of care agreement Division 2--Guardianship of child after consent is given to local adoption
- 55 Application of div 2
- 56 Definitions for div 2
- 57 Chief executive becomes guardian when consent is given or dispensed with
- 58 Child may be placed in care
- 59 Effect of consent or dispensation ending
- 60 Chief executive may place child in parents' care
- 61 Other ending of chief executive's guardianship
- 62 Guardianship under Child Protection Act not affected Division 3--Transfer of guardianship between chief executive and corresponding officer for another State
- 63 Corresponding officers
- 64 Chief executive may renounce guardianship
- 65 Chief executive may ask corresponding officer to renounce guardianship Part 4--Recruitment and selection of prospective adoptive parents Division 1--Planning
- 66 Chief executive must plan for future need
- 67 Deciding number of parents to be assessed Division 2--Making expressions of interest
- 68 Who may make an expression of interest
- 69 Form
- 70 Nomination relating to local or intercountry adoption
- 71 Other requirements for expressing an interest
- 72 Person may express an interest despite previous expressions
- 73 Changes to current expression of interest or relevant information
- 74 No expressions of interest while register is closed Division 3--Expression of interest register
- 75 Expression of interest register
- 76 Eligibility for inclusion in register
- 77 Notice and information to persons entered in register
- 78 Notice to persons not entered in register
- 79 Automatic removal from register
- 80 Other removal from register
- 81 Chief executive may require further information
- 82 Obligation to notify chief executive of changed or new information relevant to eligibility
- 83 Inclusion in register does not confer entitlement Division 4--Closing and re-opening expression of interest register
- 84 Chief executive may close register
- 85 Notice of closure
- 86 Periodic review of closure
- 87 Re-opening the register Division 5--Selections for assessment
- 88 Selection to meet anticipated future need
- 89 Selection to meet needs of particular child
- 90 Joint selection of spouses
- 91 Notice of selection and fees Part 5--Application by person wishing to adopt stepchild Division 1--Making an application
- 92 Who may apply
- 93 Requirements for application
- 94 Refusal of application
- 95 Obligation to notify chief executive of changed or new information relevant to application Division 2--How chief executive must deal with accepted application
- 96 Definitions for div 2
- 97 Application of div 2
- 98 Obtaining consents
- 99 All consents not obtained
- 100 Lapsing of application Part 6--Assessment of prospective adoptive parents Division 1--Preliminary
- 101 Who is assessed
- 102 Suitable adoptive parents register
- 103 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 Division 2--Purpose and scope of assessment
- 104 Purpose of assessment
- 105 Scope of assessment—persons selected to meet anticipated future need
- 106 Scope of assessment—persons selected to meet needs of particular child
- 107 Scope of assessment—persons wishing to adopt stepchild Division 3--Assessment process
- 108 Joint assessment of a couple
- 109 Assessment process
- 110 Timing and pace of assessment
- 111 Consent of household members to assessment
- 112 Fees Division 4--Information to assess suitability
- 113 Application of div 4
- 114 Chief executive may require information
- 115 Obligation to notify chief executive of changed or new information relevant to eligibility or suitability
- 116 Police information
- 117 Traffic information
- 118 Consultation with appropriate Aboriginal or Torres Strait Islander person
- 119 Other information gathering Division 5--Bases for deciding suitability
- 120 Application of div 5
- 121 Unacceptable risk of harm
- 122 Health
- 123 Guiding principles
- 124 Capacity to be adoptive parent generally
- 125 Good character
- 126 Attitudes to children and parenting
- 127 Adoptive parenting
- 128 Quality of relationship with spouse
- 129 Infertility
- 130 Matters relating to step-parent
- 131 Aboriginal or Torres Strait Islander children
- 132 Other cultural matters
- 133 Other prescribed matters Division 6--Action following decision
- 134 Application of div 6
- 135 Chief executive must give notice of decision
- 136 Removal from expression of interest register
- 137 Entry in suitable adoptive parents register
- 138 Preparation of report Division 7--Interstate register
- 139 Registration of person on interstate register Division 8--Re-assessment of person listed in suitable adoptive parents register
- 140 When a person may be re-assessed
- 141 Conduct of re-assessment
- 142 Re-assessment may be limited
- 143 Notice of re-assessment Division 9--Removal from suitable adoptive parents register
- 144 Automatic removal from register
- 145 Removal after re-assessment
- 146 Other grounds for removal Division 10--Investigative information
- 147 Police commissioner may decide that information about a person is investigative information
- 148 Appeal from decision that information is investigative information
- 149 Court to decide matters afresh
- 150 Consequence of successful appeal Part 7--Selection of prospective adoptive parents Division 1--Requirement to select persons as prospective adoptive parents
- 151 Application of div 1 for initial selection for local adoptions
- 152 Application of div 1 when further selection required
- 153 Chief executive must select prospective adoptive parents Division 2--How selection must be made
- 154 Application of div 2
- 155 Child's wellbeing and best interests generally
- 156 Child's particular needs
- 157 Preferences of parents
- 158 Characteristics of persons who may be selected
- 159 Eligibility
- 160 Placement with sibling
- 161 Other children in adoptive family
- 162 Initial period of full-time personal care by adoptive parents
- 163 Additional provisions relating to Aboriginal or Torres Strait Islander children Division 3--Facilitating matters between parents and selected persons
- 164 Facilitating agreement or adoption plan Part 8--Adoption plans Division 1--General
- 165 What is an adoption plan
- 166 Parties
- 167 Purpose
- 168 Nature of plan and limitations on operation
- 169 Chief executive to help Division 2--When is plan required
- 170 In-person contact between child and birth family
- 171 Child protection order
- 172 Particular Aboriginal or Torres Strait Islander placements
- 173 Adoption plans otherwise not compulsory Part 9--Adoption orders Division 1--General matters
- 174 Court may make adoption orders
- 175 Consents and pre-consent counselling and information
- 176 Particular documents not to be served on prospective adoptive parents
- 177 Proceedings about whether parents have consented
- 178 Child subject to child protection order
- 179 Child able to form and express views
- 180 References to prospective adoptive parents Division 2--Local adoptions
- 181 Application of div 2
- 182 Application for interim order
- 183 Requirements for making interim order
- 184 Period of operation of interim order
- 185 Effect of interim order
- 186 Discharge of interim order
- 187 Application for final adoption order if interim order is in force
- 188 Application for final adoption order in favour of approved carers
- 189 Requirements for making final adoption order
- 190 Notice of order Division 3--Intercountry adoptions
- 191 Application of div 3
- 192 Custody and guardianship if no guardian under Commonwealth Act
- 193 Custody and guardianship if interim order in force
- 194 Order ending custody or discharging interim order
- 195 Application for interim order
- 196 Requirements for making interim order
- 197 Period of operation of interim order
- 198 Chief executive to supervise child's wellbeing and interests
- 199 Application for final adoption order
- 200 Requirements for making final adoption order
- 201 Discharge of interim order on application for final order
- 202 Notice of order Division 4--Adoptions by step-parent
- 203 Meaning of suitability report
- 204 Application by step-parent
- 205 Notice of application
- 206 Respondents
- 207 Chief executive must file report
- 208 Requirements for making final adoption order
- 209 Notice of order Division 5--Adoptions by residents of a convention country
- 210 Application of div 5
- 211 Selection of prospective adoptive parents
- 212 Application for final adoption order
- 213 Requirements for making adoption order Division 6--Effect of final adoption order
- 214 Effect on relationships
- 215 Child's name
- 216 Effect of adoption orders in relation to property
- 217 Bequest by will to an unascertained adopted person
- 218 Transfer or distribution of property by trustee or personal representative Division 7--Discharge of final adoption order
- 219 Grounds for discharge
- 220 Who may apply
- 221 How to apply
- 222 Respondent
- 223 Hearing not to be in public
- 224 Hearing of application in absence of party
- 225 Court orders
- 226 Effect of discharge Part 10--Court proceedings Division 1--Preliminary
- 227 Application of pt 10 Division 2--Constitution of court and procedural provisions
- 228 Court's constitution
- 229 Court's paramount consideration
- 230 Evidence
- 231 Court to ensure parties understand proceeding
- 232 Expert help
- 233 Right of appearance and representation
- 234 Right of appearance of departmental coordinators
- 235 Separate legal representation of child
- 236 Support for child
- 237 Legal representation of more than 1 child
- 238 Child can not be compelled to give evidence
- 239 Court may hear submissions from non-parties to proceeding
- 240 Transfer of proceedings
- 241 Hearing of applications together
- 242 Costs Division 3--Appeals
- 243 Who may appeal
- 244 How to start appeal
- 245 Stay of operation of decisions
- 246 Hearing procedures
- 247 Powers of appellate court Part 11--Access to adoption information Division 1--Preliminary
- 248 Identifying information
- 249 Meaning of relative
- 250 References to birth parent—who is a biological father
- 251 Application to persons who have died
- 252 Prescribed documents
- 253 Release of altered documents
- 254 How request for information is made Division 2--Access to particular identifying information while adopted person is a child
- 255 Application of div 2
- 256 Request by, or on behalf of, adopted child
- 257 Request by birth parent
- 258 Taking steps to obtain consent to disclosure
- 259 Support for persons involved in disclosure of information
- 260 Adoption plan may include consent or request not to be asked for consent
- 261 Access to information is subject to court order Division 3--Access to particular information when adopted person is an adult
- 262 Application of div 3
- 263 Request by adopted person
- 264 Request by adult relative in place of adopted person
- 265 Request by birth parent
- 266 Request by adult relative in place of birth parent
- 267 Request by pre-adoption sibling
- 268 Limitations on access to information Division 4--Contact statements and related matters
- 269 Contact statements
- 270 Contact statement obligations for post-June 1991 adoptions
- 271 Contact statement obligations for pre-June 1991 adoptions
- 272 Offence about contact for pre-June 1991 adoptions
- 273 Currency and revocation of contact statements
- 274 Persons making contact statements presumed to be living Division 5--Miscellaneous
- 275 Court order restricting access to information
- 276 Chief executive may obtain or disclose non-identifying medical information
- 277 Intercountry adoption Division 6--Mailbox service
- 278 What is the mailbox service
- 279 Other definitions for div 6
- 280 Who is eligible to take part
- 281 Exchanging non-identifying information
- 282 Exchanging identifying information
- 283 Notice of intention to take part
- 284 Receipt and review of documents
- 285 Document with no identifying information or concerning matter
- 286 Document with identifying information or concerning matter
- 287 Photographs of persons more than 2 years old Part 12--Registration of adoptions
- 288 Definitions for pt 12
- 289 Chief executive must notify registrar
- 290 Entitlement to certificate, information or source document relating to particular entries Part 13--Recognition of adoptions and related matters Division 1--Recognition of interstate and overseas adoptions
- 291 Recognition of Australian and New Zealand adoptions
- 292 Recognition of adoptions granted in convention countries
- 293 Recognition of adoptions granted in non-convention countries Division 2--Simple adoptions
- 294 Definitions for div 2
- 295 Simple adoption does not end parent-child relationship
- 296 Conversion of simple adoption in convention country
- 297 Conversion of simple adoption by Childrens Court Division 3--Other matters concerning overseas adoptions
- 298 Chief executive to have limited supervision of adopted children
- 299 Declarations of validity of overseas adoptions Part 14--Offences
- 300 Definitions for pt 14
- 301 Territorial application
- 302 False representation about arranging adoption
- 303 Giving or receiving consideration
- 304 Advertisements and other published matters
- 305 False or misleading information
- 306 Improperly witnessing a consent
- 307 Fraud or undue influence Part 15--General Division 1--Matters about offences and proceedings
- 308 Types of offences
- 309 Proceedings for indictable offence
- 310 Limitation on who may summarily hear indictable offence
- 311 Limitation on time for starting summary proceeding
- 312 Evidentiary provisions for proceedings under this Act
- 313 Proof of adoptions Division 2--Confidentiality
- 314 Confidentiality of information obtained by persons involved in administration of Act
- 315 Publishing identifying material
- 316 Disclosure to other jurisdictions Division 3--Miscellaneous
- 317 Adoption contract workers
- 318 Meaning of appropriate Aboriginal or Torres Strait Islander person
- 319 Right of review against particular decisions
- 320 Delegation
- 321 Protection from liability
- 322 Convention countries
- 323 State central authority
- 324 Research
- 325 Assistance to adoptive parents and others
- 326 Approved forms
- 327 Review of Act
- 328 Regulation-making power Part 16--Repeal, savings and transitional provisions Division 1--Repeal
- 329 Repeal of Adoption of Children Act 1964 Division 2--Savings and transitional
- 330 Meaning of commencement day
- 331 Adoption orders
- 332 Correction of adoption orders
- 333 Application by step-parent
- 334 Special Needs Children's Adoption List
- 335 Review of decision to remove name from adoption list
- 336 Expression of interest register
- 337 Uncompleted review of decision to remove persons from expression of interest register
- 338 Suitable adoptive parents register
- 339 Current applications to Supreme Court or Childrens Court
- 340 Consents to adoption
- 341 Chief executive's guardianship
- 342 Current applications to chief executive to convert simple adoption
- 343 Particular objections continue in force as contact statements for pt 11
- 344 Current application to chief executive to disclose particular information
- 345 Entitlement to particular records
- 346 Transitional—effect of adoption orders in relation to property Part 17--Amendments Division 1--Amendment of Adoption of Children Act 1964
- 347 Act amended
- 348 Amendment of s 19 (Consents of parents and guardians required to adoptions)
- 349 Amendment of s 29A (Bequest by will to unascertained adopted persons)
- 350 Insertion of new s 59D 351. Insertion of new pt 7, div 4 Division 2--Amendment of Births, Deaths and Marriages Registration Act 2003
- 352 Act amended
- 353 Amendment of s 3 (Objects) 354. Amendment of s 14 (Reregistering a birth or adoption)
- 355 Amendment of s 41 (Registering events in register)
- 356 Insertion of new ss 41A-41C 357. Amendment of s 44 (Obtaining information from the registrar)
- 358 Insertion of new s 48D 359. Insertion of new s 57B 360. Amendment of sch 2 (Dictionary) Division 3--Amendment of Child Protection Act 1999
- 361 Act amended
- 362 Amendment of s 51ZI (Ending an agreement)
- 363 Amendment of s 186 (Confidentiality of notifiers of harm or risk of harm)
- 364 Amendment of s 187 (Confidentiality of information obtained by persons involved in administration of Act)
- 365 Amendment of sch 3 (Dictionary) Division 4--Amendment of Childrens Court Act 1992
- 366 Act amended
- 367 Amendment of s 20 (Who may be present at a proceeding) Division 5--Amendment of other Acts
- 368 Consequential amendments SCHEDULE 1 -- HAGUE CONVENTION SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS SCHEDULE 3 -- DICTIONARY