Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where a person –
the first-mentioned person may apply to a judge in chambers for an order permitting him to obtain that information.(a) is unable to obtain information about an adopted person because a person whose agreement in writing is required under this Division has failed to give that agreement or has not been found; or
(b) being entitled to apply under a preceding section of this Division, desires to obtain information which he is not entitled to obtain under any other provision of this Part –
(2) An application under subsection (1) shall be accompanied by a report from an approved counsellor.
(3) Where, on an application made under subsection (1), the judge is satisfied –
the judge may, subject to subsection (4), make an order directing –(a) where the application is made because a person has failed to agree in writing to the giving of the information or has not been found, that it is in the best interests of the applicant that the information be given; and
(b) where the application relates to information which the applicant is not entitled to obtain under any other provision of this Part, that it is in the best interests of the applicant that the information be given, notwithstanding that the information relates to the personal affairs of another person or that another person may be identified from the information; and
(c) after consideration of the report of an approved counsellor made under subsection (2), that special circumstances exist which make it desirable so to do –
(d) a relevant authority to give such information as is specified in the order to the applicant; or
(e) a body or person to give such information as is specified in the order to the Secretary for transmission to the applicant or, where the order so states and the agency, body, or person agrees, to the applicant.
(4) Where a person has failed to agree in writing to the giving of information as mentioned in this Part, the judge shall not make an order under subsection (3) relating to that information unless the judge has given that person, if he can be found, an opportunity to be heard in circumstances in which his identity is not disclosed to the applicant.