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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

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