ADOPTION ACT 1984

Victorian Consolidated Legislation

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ADOPTION ACT 1984 - NOTES

No. 10150 of 1984
Version incorporating amendments as at 1 February 2008

ENDNOTES

1. General Information
The Adoption Act 1984 was assented to on 13 November 1984 and came into operation as follows:
Sections 1, 2, 3(2), 4, 5, 9, 82-93, 101-104, 130 on 15 April 1985: Government Gazette 27 March 1985 page 781; sections 68, 79, 94-100, 112, 113 on 18 December 1985: Government Gazette 18 December 1985 page 4641; rest of Act on 16 November 1987: Government Gazette 28 October 1987 page 2880.
2. Table of Amendments
This Version incorporates amendments made to the Adoption Act 1984 by Acts and subordinate instruments.
-------------------------------------------------------------
Administrative Appeals Tribunal Act 1984, No. 10155/1984
Assent Date:
20.11.84
Commencement Date:
S. 80 on 18.11.87: Government Gazette 18.11.87 p. 3138
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985
Assent Date:
10.5.85
Commencement Date:
31.10.86: Government Gazette 29.10.86 p. 4114
Current State:
All of Act in operation
Adoption (Amendment) Act 1986, No. 3/1986
Assent Date:
25.3.86
Commencement Date:
16.11.87: Government Gazette 28.10.87 p. 2880
Current State:
All of Act in operation
Community Services Act 1987, No. 16/1987
Assent Date:
12.5.87
Commencement Date:
S. 4(3)(Sch. 1 item 1(a)(b)) on 22.2.89: Government Gazette 22.2.89 p. 386
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
State Trust Corporation of Victoria Act 1987, No. 55/1987
Assent Date:
20.10.87
Commencement Date:
2.11.87: Government Gazette 28.10.87 p. 2925
Current State:
All of Act in operation
Adoption (Amendment) Act 1987, No. 67/1987
Assent Date:
24.11.87
Commencement Date:
Ss 1-7, 9-13 on 22.12.87: Special Gazette (No. 59) 22.12.87 p. 1; s. 8 on 1.1.89: Government Gazette 21.12.88 p. 3798; s. 14 on 25.1.89: Government Gazette 25.1.89 p. 146
Current State:
All of Act in operation
Children and Young Persons Act 1989, No. 56/1989 (as amended by No. 93/1990)
Assent Date:
14.6.89
Commencement Date:
S. 286(Sch. 2 item 1.2) on 30.9.92: Government Gazette 26.8.92 p. 2470
Current State:
This information relates only to the provision/s amending the Adoption Act 1984

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Adoption (Amendment) Act 1989, No. 69/1989
Assent Date:
28.11.89
Commencement Date:
S. 11(2) on 15.3.89: s. 2(2); rest of Act on 6.12.89: Government Gazette 6.12.89 p. 3128
Current State:
All of Act in operation
Children and Young Persons (Amendment) Act 1992, No. 69/1992
Endnotes
Assent Date:
24.11.92
Commencement Date:
S. 34 on 29.1.93: Government Gazette 28.1.93 p. 174
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
Current State:
All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 3(Sch. 1 item 1) on 7.7.94: Government Gazette 7.7.94 p. 1878
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 4) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Births, Deaths and Marriages Registration Act 1996, No. 43/1996
Assent Date:
26.11.96
Commencement Date:
S. 65(Sch. item 1) on 2.10.97: Government Gazette 2.10.97 p. 2731
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Commonwealth Powers (Family Law-Children) (Amendment) Act 1997, No. 59/1997
Assent Date:
5.11.97
Commencement Date:
S. 6 on 1.11.98: s. 2(3)
Current State:
This information relates only to the provision/s amending the Adoption Act 1984

Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997
Assent Date:
25.11.97
Commencement Date:
Pt 2 (ss 3-13) on 3.3.98: Government Gazette 26.2.98 p. 418
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Endnotes
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 3) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Adoption (Amendment) Act 2000, No. 32/2000
Assent Date:
6.6.00
Commencement Date:
Ss 4-18 on 1.1.02: s. 2(2)
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 3) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 3) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
Health Professions Registration Act 2005, No. 97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 2) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Adoption Act 1984

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date:
15.8.06
Commencement Date:
S. 42(Sch. item 1) on 23.4.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Adoption Act 1984
-------------------------------------------------------------
3. Explanatory Details

1 S. 4(1) def. of Commonwealth Central Authority: Regulation 5 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth provides that the Secretary to the Commonwealth Attorney-General's Department is the Commonwealth Central Authority.
2 S. 4(1) def. of Convention country: As at 1 December 2001, these countries are: Andorra, Austria, Brazil, Burkina Faso, Burundi, Canada (in relation only to the provinces of Alberta, British Columbia, Manitoba, New Brunswick, Prince Edward Island, Saskatchewan, the Yukon Territory, Northwest Territories, Nova Scotia and Ontario), Chile, Colombia, Costa Rica, Cyprus, Czech Republic, Denmark, Ecuador, El Salvador, Finland, France, Georgia, Iceland, Israel, Italy, Lithuania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippines, Poland, Romania, Spain, Sri Lanka, Sweden and Venezuela.
3 S. 4(1) def. of Convention country: As at 1 December 2001, Convention countries within the meaning of paragraph (b) of the definition are Albania and Slovakia. Germany will become such a country on 1 March 2002.
4 S. 69F(1): Section 53 and subsequent sections provide for the effect of adoption orders.
5 S. 69V: See note 4.

INDEX

Subject

Section

Aboriginal children

access rights
37, 59, 60-61
adoption
37, 50
attaining age of 12
114
definition of Aborigine
4
registration of adoptions
70
Access

after adoption
59-61
after consent given
48
during period of supervision
68
under interim adoption orders
62
Access to information See Adoption

Accredited bodies

accreditation

applications
69N
conditions
69O
granting of
69O
notice of
69S
period of effect
69O
renewal
69R
review of decisions
129A
revocation
69P-69Q
suspension
69P-69Q
definition
4
duties and powers
69O
Act

commencement
2
savings and transitional provisions
3, 131
short title
1
Adopted children See Adopted persons

Adopted Children Register

correction of errors
81
entries in
70, 72-74, 79A, 80
entries to be entered in General Index of Births
77
index
75
information about place of birth
79
Adopted persons

access to
59-61, 68
applications for discharge orders
19
definition
82, 101
domicile
57
information about birth
78-79
irretrievable breakdown in relations with parents
19
names
56
property rights
54-55, 58
right of natural child to information about
96A
right to information
78-79, 92-94

Subject

Section

status in law if Hague Convention adoption
69F
status in law upon making of adoption order
53
See also Children;
headings beginning with Adoption

Adoption

access to information

Adoption Information Service and Register
102-104
application of Freedom of Information Act 1982

84
counselling as condition of
87
Court orders
99-100
interpretative provisions
91
medical information
89
protection of privacy
88
records relating to adoptions
83-86
relevant authority (def.)
82
restrictions on
83, 88
rights of adopted persons
92-94
rights of adoptive parents
98
rights of natural child of adopted person
96A
rights of natural parents
95-96
rights of natural relatives
97
Secretary's duty to provide
90
approval of persons to adopt
13-13A, 129A
arrangement
20-20A
Australasian adoptions
66
false statements
124
foreign adoptions
67-69, 112-113
in places outside Australia
34, 115
inability to place child
38
party to an adoption (def.)
121
prohibited period (def.)
121
prohibition on payments for
119
publication of identity of parties to
121
recognition
65-69
records regarding
79A-79B, 83-86
review of decisions
129A
stay of proceedings
49
unauthorised arrangements
122
who may adopt
10A-12
who may be adopted
10
See also Aboriginal children;
Non-citizen children;
other headings beginning with Adoption

Adoption agencies

accreditation as accredited bodies
69N-69S
acts of principal officer deemed to be done by
31
Adoption Information Service and Register
102-103
applications for discharge orders
19

Subject

Section

approval

applications
21
approved agency (def.)
4
effect of cessation
27
grant
22, 30
notice of
30
period in force
25
refusal
22
renewal
26, 30
review of decisions
129A
revocation
24, 30
suspension
24, 27, 29-30
approval of persons to adopt children
13-13A
arrangement of adoptions by
20-20A
authorisation regarding adoption of non-citizens
23, 24, 28, 29, 51
definition of agency
82
duty to consider child
32
records relating to adoptions
83-85
reports concerning proposed adoptions
15, 83
review of decisions of
129A
Secretary's requests for information
123
Adoption authorities (def.)
69T
Adoption in prescribed overseas jurisdictions

certificates
69T, 69X
definitions
69T
recognition
69U-69V
refusal to recognise
69W
reports on people wishing to adopt
69Y
Adoption Information Register
103
Adoption Information Service
102
Adoption orders

applications
10A, 131
certificates
52, 69
certified copies of
111
conditions regarding access
59-61
consent as requirement for
33
contested applications
17, 106
Courts with jurisdiction to make
6-8
definition
4
discharge
19, 70, 72, 80, 106
effect (general)
53
interim orders
4, 62-64
matters to be considered before making
10A-15
notice of application for
16
notice of making
44
obtained by fraud, duress or other improper means
19
persons in whose favour orders may be made
11-12
proceedings
17, 106-110
refusal of applications for
18
registration
70-74
Subject

Section

Adoption under The Hague Convention

adoption compliance certificates
4, 69C-69D, 69G
effect of recognition
69F
fees for assessment of applicants
112-113
of child from

Convention country in Victoria
69B-69C
Convention country to another Convention country

69E
Convention country to Australia
69D
Convention country to Victoria
69H
Victoria to live in Convention country
69A, 69C
refusal to recognise
69I
reports on people wishing to adopt
69J
termination of legal relationship between child and parents

69H
text of Convention
Sch. 1
See also Accredited bodies; State Central Authority

Adoptive parents

agreement to applications for information
94-95, 97
applications for discharge orders
19
applications for information about birth of child
78-79
consent for subsequent adoptions of child
33
duty to provide information about child
59A
financial assistance
105
irretrievable breakdown in relations with child
19
right to information about adopted person
98, 102-104
rights regarding access conditions
60
Advertising
120
Australasian adoptions
66
Birth certificates
78-79, 92
Central Authorities of Convention countries
4, 69A-69B
Children

care while awaiting adoption
45-48
definition of child
4
placement with view to adoption
44, 46
separate representation in proceedings
106
welfare and best interests of
9, 11-12, 15, 19, 32, 69I, 69W
wishes in adoption orders
14, 56, 60
See also Aboriginal children; Adopted persons;
Non-citizen children

Commonwealth Central Authority (def.)
4
Consent

as requirement for adoption order
33
construed to be general consent
39
defective consents
42
dispensing with
17, 43, 106
given in country outside Australia
34
given under law of another State, Territory
40
inability to consider question to give
43
inability to find person required
43
Subject

Section

manner of giving
34
notice of certain events to person who gives
16, 44
obtained by fraud, duress, improper means
19, 42
of father
33, 49
of guardians of non-citizen children
33, 36
offences
125-127
persons whose consent is required
33, 49
prescribed period for giving after birth of child
42
regarding Aboriginal children
37, 50
regarding non-citizen children
33, 36
requirements to be complied with
35
revocation
37, 38, 41, 42,
45-46
Convention country (def.)
4
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption
Sch. 1
See also Accredited bodies
Adoption under The Hague Convention
State Central Authority

Costs
109
Counselling and counsellors

approval of counsellors
5
approved counsellors (def.)
4
before access to certain information is given
87
before consent is given
35
for children about to be adopted
14
reports regarding access to adopted child
60
reports regarding applications for information
99-100
Custody

after refusal of application for adoption
18
of child awaiting adoption
45
while interim adoption order in force
62
De facto relationships
4, 10A-12, 20A
De facto spouses

access to birth certificate of adopted child
92
construction of consent to adoption
39
definition
4
right to adopt
10A-12, 20A, 46
Definitions
4, 19, 21, 42, 50, 69T, 82, 96A, 97, 121
Evidentiary provisions
67, 69, 69G, 69X, 111
Fathers See Natural fathers; Natural parents

Foreign adoptions

declarations of validity
69
fees for assessment of applicants
112-113
recognition
67
registration of orders
73
supervision of certain children
68
See also Adoption under the Hague Convention;
Adoption in prescribed overseas jurisdictions

Subject

Section

Guardians

agreement to applications for information
94-95, 97
consent to adoption of non-citizen child
33, 36
definition
4
guardianship

ceases upon making of adoption order
53
of child awaiting adoption
45-48
of non-citizen child
47
on suspension of accredited bodies
69Q
on suspension of approved agency
27
notice of applications for adoption orders
16
taking of adopted child by
117
Hague Convention
See Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption;
Adoption under The Hague Convention

Information about adoption and adopted persons
See Adoption

Intercountry adoptions
See Adoption under The Hague Convention

Interim orders
4, 62-64
Married couples
10A-11, 20A
Mothers See Natural parents

Names
56
Natural children
96A, 102-104
Natural fathers
33, 49
Natural parents

access to birth certificate of adopted person
74, 92
access to child after adoption
59-61
access to child after consent given
48
agreement to applications for information
93-94, 96A, 98
applications for discharge orders
19
consent
33
definition
82
protection of identity of
93-94, 96A, 98
right to information about adopted person
92, 95-96,
102-104
taking of adopted child by
117
wishes regarding adoption
15
Non-citizen children

adoption orders
51
authorisation of agencies to arrange adoption of
23, 24, 28, 29
care while awaiting adoption
47
consent to adoption of
33, 36
definition
4
fees for assessment of applicants to adopt
112-113

Subject

Section

Offences

general penalty
128
prosecutions for
129
regarding

advertising
120
consent
125-127
false statements
124
harbouring of child
118
non-compliance with Secretary's requests
123
prohibited payments
119
publication of identity of parties
121
records of adoption
85
records of persons approved to adopt
13A
taking of child by natural parents
117
unauthorised arrangements
122
territorial application of Part 7
116
Overseas adoptions
See Adoption under the Hague Convention
Adoption in prescribed overseas jurisdictions;
Foreign adoptions

Parents See Adoptive parents; Natural parents

Proceedings
17, 106-110
Property rights
54-55, 58
Prosecutions
129
Register of Adoptions

index
75
information gained from Court adoption records
79A
not open for search or inspection
76
registration of adoption orders in
70, 72-73
Register of approved persons
13A
Register of Births

entries in
74, 80
Registrar of Births, Deaths and Marriages

powers and duties regarding

adoption records
79A-79B
applications for information
90
discharge of adoption orders
70, 72, 80
issue of birth certificate of adopted person
92
records of birth of adopted persons
74-75, 77-79
Register of Adoptions
75-76
registration of adoption orders
70, 72-74
Registration See Adoption orders

Regulations
130
Relatives

access to child after adoption
59-61
adoptions by
46
agreement to applications for information
93, 96A
construction of consent to adoption
39
definition
4
natural relative (def.)
97

Subject

Section

right to adopt
12
right to birth certificate of adopted person
92
right to information about adopted person
97, 102-104
Review
129A
Rules of Court
6
Secretary

as State Central Authority
69K
definition
4
judicial notice of signature
110
powers and duties regarding

Aboriginal adoptions
50, 114
Adoption Information Register
103
adoptions in prescribed overseas jurisdictions
69W, 69Y
applications for discharge orders
19
applications for information
76, 79B, 82, 90, 92, 100, 104, 123
approval of adoption agencies
21-32
approval of counsellors
5
approval of persons to adopt
13-13A
arrangements for adoption
20-20A
arrangements for adoptions outside Australia
115
custody, guardianship of child awaiting adoption

45-48
fees regarding adoptions outside Australia
112-113
financial assistance to adoptive parents
105
records of adoptions
83-86
reports on proposed adoptions
15
supervision of foreign adopted children
51, 68
presence at hearings of proceedings
108
review of decisions of
129A
Single people
11
Spouses

access to birth certificate of adopted person
92
construction of consent to adoption
39
right to adopt
10A-11, 20A, 46
State Central Authority

agreement to adoption
69A-69B
applications for refusal to recognise adoption
69I
as guardian
69Q
definition
4
delegation
69M
functions
69L
issue of adoption compliance certificates
69C
powers regarding accredited bodies
69N-69S
reports on people wishing to adopt
69J
review of decisions of
129A
Secretary appointed to be
69K

Part IVA-Adoptions Under the Hague Convention

Adoption Act 1984
No. 10150 of 1984