South Australian Consolidated Acts South Australian Consolidated Acts27B—Limitation of right to obtain information where adoption occurred
before commencement of Act
(1) A person adopted
before the commencement of this Act may lodge with the Chief Executive a
direction that information in the Chief Executive's possession that would
enable the person to be traced not be disclosed.
(2) A birth parent of
a person adopted prior to the commencement of this Act may lodge with the
Chief Executive a direction that information in the Chief Executive's
possession that would enable the birth parent to be traced not be disclosed.
(3) An adoptive parent
of a person adopted prior to the commencement of this Act may lodge with the
Chief Executive a direction that information in the Chief Executive's
possession that would enable the adoptive parent to be traced not be
disclosed.
(4) Subject to
subsection (5), where a direction has been lodged under this section, the
Chief Executive must not disclose information in contravention of the
direction.
(5) Where—
(a) a
direction has been lodged by an adoptive parent; but
(b) a
direction has not been lodged by the adopted person,
the adoptive parent's direction does not operate to prevent the disclosure of
information that is relevant to the welfare or whereabouts of the adopted
person.
(6) A person lodging a
direction under this section may provide the Chief Executive with written
reasons for the direction and, if so provided, the reasons must be released by
the Chief Executive if a request for information about the person is
subsequently made under this Part.
(7) A direction under
this section—
(a) may,
if the adopted person or adoptive or birth parent is mentally incapacitated
within the meaning of the Guardianship and Administration Act 1993 , be
given on behalf of that person or parent by his or her guardian appointed
under that Act; and
(b) has
effect for a period of five years, unless revoked earlier; and
(c) may,
on the expiration of a period for which it has effect, be renewed; and
(d) must
be lodged, renewed or revoked in a manner approved by the Chief Executive (but
the Chief Executive cannot require that a renewal be lodged in person).
(8) The
Chief Executive will, if necessary, send a person who has lodged a direction
under this section a renewal notice approximately 6 months, 3 months and 2
weeks before the date on which the direction will expire, unless the person
has requested in writing that no such notices be sent.
(9) Subject to any
written directions of the person to the contrary, a renewal notice will be
sent to a person at his or her address last known to the Chief Executive.