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TASMANIA
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ADOPTION AMENDMENT BILL 2007
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 24 amended (Court to be satisfied as to certain matters)
5. Section 96A inserted
96A. Reviews of decisions
6. Section 118 amended (Regulations)
[Bill 37]-VI
2
ADOPTION AMENDMENT BILL 2007
(Brought in by the Minister for Health and Human Services,
the Honourable Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Adoption Act 1988
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Adoption
Amendment Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Adoption Act 1988* is referred to
as the Principal Act.
*No. 41 of 1988
[Bill 37] 3
Adoption Amendment Act 2007
Act No. of
s. 4
4. Section 24 amended (Court to be satisfied as to
certain matters)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) the prospective adoptive parents
(i) satisfy the prescribed
requirements relating to
approval of adoptive
parents; or
(ii) satisfy those prescribed
requirements as varied by
the Secretary under
subsection (6); and
(b) by inserting the following subsection
after subsection (5):
(6) At his or her own discretion or on
written application by a principal
officer, the Secretary in writing
may vary the prescribed
requirements relating to approval
of particular prospective adoptive
parents, by altering or omitting
any one or more of those
prescribed requirements, if the
Secretary is satisfied that there
are special circumstances relevant
to the needs of a particular child.
4
Adoption Amendment Act 2007
Act No. of
s. 5
5. Section 96A inserted
After section 96 of the Principal Act, the
following section is inserted in Division 1:
96A. Reviews of decisions
(1) A person aggrieved by any of the
following decisions made by the
Secretary or a principal officer may
apply to the Magistrates Court
(Administrative Appeals Division) for a
review of that decision:
(a) refusal to accept an application
for assessment of the suitability
of the person to adopt a child;
(b) refusal to approve the person as a
prospective adoptive parent;
(c) refusal to extend the term of an
approval of the person as a
prospective adoptive parent;
(d) withdrawal of an approval of the
person as a prospective adoptive
parent.
(2) In determining an application referred to
in subsection (1), the Magistrates Court
(Administrative Appeals Division)
(a) is to receive and hear evidence,
both oral and documentary, in the
absence of the public; and
5
Adoption Amendment Act 2007
Act No. of
s. 6
(b) is to ensure that it does not, in the
reasons for its decision or
otherwise, disclose any
information or material that
identifies or may lead to the
identification of the applicant for
review.
(3) Unless the Magistrates Court
(Administrative Appeals Division)
otherwise orders, a record or document
that relates to a review under this section
must not be made available to, or be open
to inspection by, any person.
6. Section 118 amended (Regulations)
Section 118 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) The regulations may be made so as to
apply differently according to such
factors as are specified in the regulations.
(5) The regulations may authorise any matter
to be from time to time determined,
applied or regulated by any person or
body specified in the regulations.
6 Government Printer, Tasmania