Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If an application
for a child’s adoption is to be made under this Act and the child
is under the guardianship of a corresponding officer, the CEO
may —
(a)
notify the corresponding officer of the application; and
(b)
request the corresponding officer to renounce guardianship of the child and
forward to the CEO for use in the proceedings, the forms of consents executed
in the other State or the Territory in relation to the child.
(2) The CEO is not to
request the renunciation of guardianship under subsection (1)
unless —
(a) the
CEO is satisfied that the child is in this State;
(b)
consents that have been given to the child’s adoption cannot be lawfully
revoked;
(c) the
CEO has had regard to any current adoption plan or arrangements under a
corresponding law of the other State or the Territory in relation to the
child; and
(d)
under the law of the other State or the Territory, if the corresponding
officer signs an instrument renouncing guardianship, the corresponding officer
ceases to be the child’s guardian.
(3) The CEO becomes
the child’s guardian under this Division when the corresponding officer
signs an instrument of renunciation of guardianship.
(4) In this
section corresponding officer has the meaning given by
section 33(5).
[Section 34 amended by No. 34 of 2004
s. 251.]