Victorian Consolidated Legislation

Adoption Act 1984 - SECT 34

Manner of giving consent

34. Manner of giving consent



(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

   (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;

   (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).