ADOPTION ACT 1984 - SECT 34 Manner of giving consent

ADOPTION ACT 1984 - SECT 34

    (1)     Subject to this Division, a consent by a person (other than a person to whom section 33(6) applies) is given in accordance with this Division where—

        (a)     the person has signed the prescribed form of consent in the presence of—

              (i)     a person referred to in subsection (2); and

S. 34(1)(a)(ii) amended by No. 46/1998

s. 7(Sch. 1).

              (ii)     a person approved for the purpose by the Secretary or the principal officer of an approved agency; and

        (b)     the persons in whose presence the form of consent was signed have signed the prescribed statements.

    (2)     For the purposes of paragraph (a) of subsection (1) and of section 35(2) , each of the following is a person referred to in this subsection—

        (a)     a person who is a prescribed official of a court;

        (b)     a person declared by Order of the Governor in Council published in the Government Gazette to be an authorized person for the purposes of this section;

        (c)     in relation to a consent signed in another State or in a Territory—a person who is the principal administrative officer of a court in that State or Territory or a deputy of such an officer.

    (3)     Where a consent by a person is given in a country outside Australia, the consent is given in accordance with this Division where—

        (a)     the person has signed the prescribed form of consent in the presence of two persons each of whom is—

              (i)     an Australian diplomatic officer within the meaning of the Consular Fees Act 1955 of the Commonwealth as amended and in force at the time being;

S. 34(3)(a)(ia) inserted by No. 6/2018 s. 68(Sch. 2 item 2).

        (ia)     an employee of the Commonwealth referred to in section 3(c) of the Consular Fees Act 1955 of the Commonwealth;

S. 34(3)(a)(ib) inserted by No. 6/2018 s. 68(Sch. 2 item 2).

        (ib)     an employee of the Australian Trade and Investment Commission referred to in section 3(d) of the Consular Fees Act 1955 of the Commonwealth;

              (ii)     a judge of a court in that country; or

              (iii)     a magistrate in that country;

        (b)     not less than seven days or, where a shorter period is approved under subsection (4), before the commencement of that shorter period, before the consent is given, one of those persons gave the first-mentioned person information about the effect of an adoption order under this Act and about the alternatives to adoption available in Victoria; and

        (c)     the two persons in whose presence the form of consent was signed have signed the prescribed statements.

    (4)     Where a person referred to in paragraph (a) of subsection (3) is satisfied that there are special circumstances why less than seven days notice should be given under paragraph (b) of that subsection, that person shall approve a time less than seven days but not less than 24 hours as the period for the purposes of that paragraph.

    (5)     The Governor in Council may, by Order published in the Government Gazette, revoke or vary an Order made under subsection (2).