Victorian Consolidated Legislation

Adoption Act 1984 - SECT 45

Care of child awaiting adoption

45. Care of child awaiting adoption



(1) Where-

   (a)  a person whose consent to the adoption of a child is required under
        this Act proposes to give that consent; or

   (b)  a person has given consent to the adoption of a child but the consent
        of another person is required, or has to be dispensed with, before an
        adoption order can be made-

and a person having the custody or guardianship of the child has authorized
the Secretary or the principal officer to exercise any rights of custody in
respect of the child, that authority ceases-

   (c)  subject to subsection (2), on the expiration of six months after the
        authority is given;

   (d)  if the person withdraws consent to the adoption;

   (e)  when all consents required for the adoption have been given or been
        dispensed with;

   (f)  upon revocation of the authority by the person who gave it; or





   (g)  upon the person who gave the authority ceasing to be entitled to
        custody or guardianship of the child-

whichever first occurs.

(2) The period of six months may from time to time be extended, by the
agreement of the person who gave the authority and the Secretary or principal
officer for further periods, not exceeding six months, but the total of the
periods for which the authority is given or renewed shall not exceed eighteen
months from the time when the first authority was given.

(3) Where an authority given under subsection (1) ceases, the Secretary or the
principal officer shall-

   (a)  deliver the child to a person who at that time is entitled to the
        custody or guardianship of the child; or

   (b)  where such a person cannot after reasonable enquiry be found, take
        such steps as are necessary to make a protection application in
        respect of the child under the Children, Youth and Families Act 2005.