Victorian Consolidated Legislation

Adoption Act 1984 - SECT 43

Court may dispense with consents

43. Court may dispense with consents



(1) The Court may dispense with the consent of a person (other than a guardian
under section 33(6)) to the adoption of a child where the Court is satisfied-

   (a)  that the person cannot, after reasonable inquiry, be found;

   (b)  on evidence given in accordance with subsection (3) that the person
        is, and is unlikely to cease to be, in such a physical or mental
        condition as not to be capable of properly considering the question
        whether the person should give consent;

   (c)  that the person has abandoned, deserted, persistently neglected or
        ill-treated the child;

   (d)  that the person has seriously ill-treated the child to the extent that
        it is unlikely that the child would accept, or be accepted by the
        person within, the family of that person;

   (e)  that the person has, for a period of not less than one year, failed,
        without reasonable cause, to discharge the obligations of a parent of
        the child;

   (f)  that the person has such a physical or mental disability or is
        otherwise so impaired that the person would be unable to meet the
        needs of the child;

   (g)  that for any reason the child is unlikely to be accepted into, or to
        accept, a family relationship with the person; or

   (h)  that there are any other special circumstances by reason of which, in
        the interests of the welfare of the child, the consent may properly be
        dispensed with.

(2) For the purposes of paragraph (a) of subsection (1), where, for the
purposes of obtaining the consent of a person to the adoption of a child, the
Court is satisfied that-

   (a)  a letter seeking that consent has been sent by certified mail
        addressed to that person;

   (b)  a letter seeking that consent has been sent by certified mail
        addressed to that person at the address of such other person (if any)
        as the Secretary or principal officer of an approved agency believes
        may know where the first-mentioned person may be found;

   (c)  the Secretary or principal officer of an approved agency is satisfied
        that the address of that person cannot be found on a roll of electors
        under the Commonwealth Electoral Act 1918 of the Commonwealth as
        amended and in force for the time being;

   (d)  notice to the person that consent of the person is sought has been
        published in a newspaper circulating generally in the area where the
        last known place of residence of the person is situated; and

   (e)  enquiries have been made of such persons, bodies, agencies and
        government departments as might reasonably be expected to have known
        where that person may be found-

and the Court is satisfied that the Secretary or principal officer has been
unable to find that person and that such other enquiries as the Court may
determine have been made, the Court shall determine that reasonable inquiry
has been made for that person and that the person cannot be found.

(3) For the purposes of paragraph (b) of subsection (1), the evidence required
is a certificate signed by not less than two medical practitioners registered
under the Health Professions Registration Act 2005 certifying as to the
matters referred to in that paragraph.



(4) In order to facilitate the making of arrangements with a view to the
adoption of a child, the Court may, on application by or on behalf of the
Secretary or the principal officer of an approved agency, make an order under
this section dispensing with the consent of a person whose consent is required
to the adoption of the child before an application for an adoption order has
been made in respect of the child or before proposed adoptive parents have
been selected for the child, and any order under this section may have effect
for the purposes of any application for an adoption order that may
subsequently be made by any person under this Act.

(5) An order under subsection (4) may, on application by or on behalf of the
Secretary, the principal officer of an approved agency or the person whose
consent was dispensed with, be revoked by the Court at any time before the
making of an adoption order in respect of the child.