ADOPTION ACT 1984 - SECT 121 Restriction on publication of identity of parties

ADOPTION ACT 1984 - SECT 121

    (1)     In this section, party to an adoption , in relation to a consent to an adoption given or dispensed with or an application made under this Act or under a law of another State or of a Territory for the adoption of a child or for an order declaring the validity of a foreign adoption or in relation to a proposed adoption of a child, includes—

        (a)     the child; and

        (b)     the natural parents of the child; and

        (c)     the applicants for the order or the adoptive parents; and

        (d)     the guardians of the child (except guardians appointed under this Act or any corresponding previous enactment or under an Act of another State or of a Territory corresponding to the provisions of this Act); and

S. 121(1)(e) amended by No. 46/1998

s. 7(Sch. 1).

        (e)     persons who have been approved by the Secretary or principal officer of an approved agency as fit and proper persons to adopt a child and with whom a child is or has at any time been placed with a view to adoption.

    (2)     At any time other than the prohibited period, a person must not publish, or cause to be published, in a newspaper or periodical, or by means of broadcasting or television, any matter that identifies a person as, or is reasonably likely to enable any person to be identified as, a party to an adoption unless the last-mentioned person has given consent to the publication.

Penalty:     in the case of a body corporate, 1000 penalty units;

in any other case, 100 penalty units or imprisonment for 2 years.

    (3)     For the purposes of subsection (2), if the person is an adopted child who has attained the age of 10 years but is under the age of 18 years, consent to publication must be given by the child as well as by the child's parent or guardian on behalf of the child.

    (4)     During the prohibited period, a person must not publish, or cause to be published, in a newspaper or periodical, or by means of broadcasting or television, any matter that identifies a person as, or is reasonably likely to enable any person to be identified as, a party to an adoption unless the last-mentioned person has given consent to the publication and the Court has given permission under subsection (6).

Penalty:     in the case of a body corporate, 1000 penalty units;

in any other case, 100 penalty units or imprisonment for 2 years.

    (5)     In this section prohibited period in relation to the adoption or proposed adoption of a child means the period from—

        (a)     the earliest of the following—

              (i)     the making of the application for the adoption;

              (ii)     the making of an application for an order under section 43(4) ;

S. 121(5)(a)(iii) amended by No. 46/1998

s. 7(Sch. 1).

              (iii)     the time when the Secretary or principal officer of an approved agency (as the case may be) becomes the guardian of the child under section 46 or 47; or

        (b)     in the case of an application for an order under section 69, the time when the application is made; or

        (c)     in the case of a child who is a non-citizen child, the time when the person who, under the Immigration ( Guardianship of Children) Act 1946 of the Commonwealth as amended and in force for the time being becomes the guardian of the child—

until the final order of the Court on the application or, if an order is not made by the Court, guardianship ceases.

    (6)     The Court may, in exceptional circumstances, by order permit the publication of the name of any party to the adoption.

    (7)     This section does not apply to the publication by or on behalf of a person of information obtained by that person under Part VI.

No. 7147 s. 50.