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ADOPTION ACT 1984 - SECT 35 Requirements to be complied with

ADOPTION ACT 1984 - SECT 35

Requirements to be complied with

    (1)     The following requirements shall be complied with before a consent is given by a person (other than a person to whom section 33(6) applies) for the purposes of this Division—

S. 35(1)(a) amended by No. 46/1998

s. 7(Sch. 1).

        (a)     the person shall receive counselling from a person approved for the purpose by the Secretary or by the principal officer of an approved agency;

        (b)     not less than seven days or, where a shorter period is approved under subsection (2), before the commencement of that shorter period, before the consent is given, the person by whom that counselling was given shall give the person information in writing in the prescribed form about the effect of an adoption order, the alternatives to adoption and the names and addresses of organizations that provide family support services;

S. 35(1)(c) amended by Nos 67/1987 s. 7(1), 43/1996 s. 65(Sch. item 1.2).

        (c)     notice in writing shall be given to the person that the person may, at any time make application subject to and in accordance with the Births, Deaths and Marriages Registration Act 1996 for a certified copy of, or extract from, the entry in the Register of Births relating to the child.

    (2)     Where a person referred to in section 34(2) is satisfied that there are special circumstances why less than seven days notice should be given under paragraph (b) of subsection (1), 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.

S. 35(3) amended by No. 46/1998

s. 7(Sch. 1).

    (3)     A certificate signed by the Secretary or the principal officer of an approved agency shall be proof in the absence of evidence to the contrary that the requirements referred to in subsection (1) have been complied with.

    (4)     Where a consent is given in a place outside Victoria, the requirements referred to in subsection (1) do not apply.