Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
ADOPTION AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children and Young People)
Adoption
Amendment Bill 2009
Contents
Page
Part
1.1 Adoption Regulation
1993 43
Part 1.2 Children
and Young People Act 2008 43
Part
1.3 Discrimination Act
1991 43
Part 1.4 Parentage
Act 2004 43
Part
1.5 Testamentary Guardianship Act
1984 43
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Children and Young People)
Adoption Amendment
Bill 2009
A Bill for
An Act to amend the
Adoption Act 1993, and
for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Adoption Amendment Act 2009.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
This Act amends the Adoption Act 1993.
Note This Act also amends the following legislation (see sch
1):
• Adoption Regulation 1993
• Children and Young People Act 2008
• Discrimination Act 1991
• Parentage Act 2004
• Testamentary Guardianship Act 1984.
substitute
An Act relating to the adoption of children and young people
substitute
Part 1A Objects and
principles
4 Objects of Act
The main objects of this Act include—
(a) ensuring that the best interests of the child or young person are the
paramount consideration in the adoption of a child or young person;
and
(b) providing an adoption process that promotes the wellbeing and care of
children and young people in a way that recognises the child’s or young
person’s right—
(i) to grow in a safe and stable environment; and
(ii) to be cared for by a suitable family and to establish enduring
relationships; and
(iii) to know about family background and culture and have the opportunity
to maintain or develop cultural identity; and
(c) ensuring that the Aboriginal and Torres Strait Islander people are
included and participate in any adoption of an Aboriginal or Torres Strait
Islander child or young person; and
(d) ensuring that adoption is centred on the needs of the child or young
person rather than an adult wanting to care for a child or young person; and
(e) consultating with the child or young person throughout the adoption
process and, wherever possible, taking the child’s or young person’s
views into account; and
(f) recognising a birth parent’s involvement in making decisions
about their child’s future; and
(g) providing for adoption plans to recognise the intentions of parties in
an adoption; and
(h) ensuring that equivalent standards apply for a child or young person
adopted from the ACT and a child or young person adopted from overseas;
and
(i) ensuring that the adoption process in the ACT complies with
Australia’s international obligations, in particular the obligations
arising under the Convention on Protection of Children and Cooperation in
Respect of Intercountry Adoption.
Note The text of the Convention is set out in sch 1.
5 Best interests of child or young person paramount
consideration
(1) A person making a decision under this Act in relation to a child or
young person, must regard the best interests of the child or young person as the
paramount consideration.
(2) In forming a view about the best interests of a child or young person,
a person making a decision under this Act must take into account the
following:
(a) the likely effect of the decision on the life course of the child or
young person;
(b) the child’s or young person’s age, level of understanding,
level of maturity, gender, and personal characteristics;
(c) the child’s or young person’s physical, emotional and
educational needs;
(d) the views expressed by the child or young person;
(e) the relationship the child or young person has with the parents, any
siblings and any other relatives;
(f) the relationship the child or young person has with the adoptive
parents;
(g) the suitability and capacity of the adoptive parents to meet the
child’s or young person’s needs;
(h) the alternatives to adoption for the child or young person to secure
permanent family arrangements.
6 Aboriginal and Torres Strait Islander child or
young person—additional requirements
In addition to section 5, a person making a decision under this Act in
relation to an Aboriginal or Torres Strait Islander child or young person
must—
(a) take into account the need for the child or young person to maintain a
connection with the lifestyle, culture and traditions of the child’s or
young person’s Aboriginal or Torres Strait Islander community;
and
(b) seek and consider submissions about the child or young person made by
or on behalf of any Aboriginal or Torres Strait Islander people or organisations
identified by the chief executive as providing ongoing support services to the
child or young person or the child’s or young person’s family;
and
(c) take into account Aboriginal and Torres Strait Islander traditions and
cultural values (including kinship rules) as identified by reference to the
child’s or young person’s family and kinship relationships and the
community with which the child or young person has the strongest
affiliation.
substitute
Division 3.1 Who can be
adopted?
9 Adoption of child or young
person
An adoption order may be made for a person who—
(a) was under 18 years old on the day the application was filed in the
court; and
(b) is present in the ACT.
10 Adoption of person 18 years old or
older
An adoption order may be made for a person who was 18 years old or older on
the day the application was filed in the court if the person—
(a) has been reared, maintained and educated by the applicant or
applicants under a de facto adoption; and
(b) is present in the ACT.
Note The following provisions do not apply to the adoption of a
person who was 18 years old or older on the day the application was filed in the
court:
• div 3.2 (Who can adopt?) (other than s 13 (Residency
requirement));
• div 3.3 (Consents to adoptions) (other than s 28 (Consent of
applicant not required), s 30 (Instrument of consent) and s 34 (1)
(Defective consents));
• div 3.4 (Placement of child or young person before
adoption);
• div 3.5 (Guardianship before adoption);
• div 3.6 (Proceedings for an adoption order) (other than s 39A,
s 39B (1) (a), s 39B (2), s 39B (3), s 39C, s 39I and s
39L);
• div 3.7 (Conditional orders);
• s 45 (Names of adopted child or young person);
• s 46 (Effect of order on domicile);
• div 3.9 (Interim orders).
11 Previous adoption immaterial
An adoption order may be made even if the person has previously been
adopted, before or after the commencement of this Act, in the ACT or elsewhere.
12 Frustration of immigration law
An adoption order must not be made if the court considers that it is being
sought primarily as a means of evading the operation of a law of the
Commonwealth relating to immigration.
Division 3.2 Who can
adopt?
13 Residency requirement
(1) An adoption order may only be made in favour of a person, or
2 people, who are ordinarily resident in the ACT.
(2) This section does not apply to an adoption order under section 57
(Adoption in ACT of ACT child or young person by parents from Convention
country).
14 Adoption by couple
An adoption order for a child or young person may be made in favour of 2
people jointly if—
(a) neither of them is a parent, step-parent or relative of the child or
young person; and
(b) they have lived together in a domestic partnership for at least
3 years (whether married or not); and
(c) the court considers they have demonstrated the stability of, and their
commitment to, the domestic partnership; and
(d) they are on the register of suitable people.
Note 1 For adoption by a step-parent or relative of a child or young
person, see s 15 and s 17.
Note 2 For the meaning of domestic partnership, see
the Legislation Act, s 169.
15 Adoption by step-parent
An adoption order for a child or young person may be made in favour of a
step-parent of the child or young person if—
(a) the instrument of consent shows consent to adoption by the
step-parent; and
(b) the Family Court of Australia has given the step-parent leave to
commence a proceeding for the adoption of the child or young person under the
Family Law Act 1975 (Cwlth), section 60G; and
(c) the step-parent is on the register of suitable people.
16 Adoption by one person
An adoption order for a child or young person may be made in favour of one
person (other than a step-parent or relative of the child or young person)
if—
(a) the instrument of consent shows consent to adoption by one person;
and
(b) the person is not in a domestic partnership; and
(c) the person is on the register of suitable people.
17 Adoption by relative
An adoption order for a child or young person may be made in favour of a
relative of the child or young person if—
(a) the instrument of consent shows consent to adoption by the relative;
and
(b) the court considers that—
(i) the family circumstances mean that it would be beneficial for the
child or young person if the relationships within the family were redefined in
the way the order would redefine them; and
(ii) it would not be preferable to make an order relating to guardianship
or custody of the child or young person; and
(c) the relative is on the register of suitable people.
18 Approval of suitable people
(1) A person may apply in writing to the chief executive for approval to
be registered as suitable for the placement of a child or young person for
adoption.
(2) The chief executive must—
(a) approve the application; or
(b) refuse to approve the application.
(3) In deciding the application, the chief executive must consider whether
the applicant is suitable for the placement of a child or young person for
adoption having regard to the criteria set out in section 39F (1) (c) (Deciding
application for adoption order for child or young person).
(4) The chief executive must not approve an application if the applicant
is not ordinarily resident in the ACT.
19 Register of suitable people
(1) The chief executive must keep—
(a) a register of people whose application to be registered as suitable
for the placement of a child or young person for adoption has been approved; and
(b) records of people whose application to be registered as suitable for
the placement of a child or young person for adoption—
(i) has been refused; or
(ii) has been approved, but for which the approval has been
withdrawn.
(2) The chief executive may review the register kept under
subsection (1) (a) and—
(a) must remove a person from the register if satisfied on reasonable
grounds that the person is no longer suitable having regard to the criteria set
out in section 39F (1) (c) (Deciding application for adoption
order for child or young person); and
(b) may remove a person from the register if satisfied on reasonable
grounds that the person is no longer ordinarily resident in the ACT.
(3) If the chief executive removes a person from the register under
subsection (2), the chief executive must give the person written notice of the
removal.
renumber as division 3.3
substitute
26 Consents of parents and
guardians
(1) Subject to this division, an adoption order must not be made for a
child or young person unless consent to the adoption has been given
by—
(a) if the child or young person has not previously been
adopted—
(i) each parent of the child or young person; and
(ii) each guardian of the child or young person; or
(b) if the child or young person has previously been
adopted—
(i) each adoptive parent of the child or young person; and
(ii) each guardian of the child or young person.
(2) A reference in subsection (1) (a) (i) to a parent of a child or young
person does not include a reference to the father of the child or young person
unless he is presumed to be the father under the Parentage Act
2004.
(3) Consent of a person is not required if the court is satisfied that the
person is dead.
27 Information for certain parents considering
consent
(1) This section applies if the chief executive knows
that—
(a) a parent is considering consenting to the adoption of a child in the
28 days following the birth of the child; or
(b) a parent under 18 years old is considering consenting to the adoption
of a child.
(2) The chief executive must offer the parent—
(a) information about—
(i) the time period for providing the consent; and
(ii) the process for revocation of consent; and
(iii) alternatives to adoption; and
(iv) future contact with the child; and
(b) the opportunity for counselling, if requested.
(3) The chief executive must ensure a parent mentioned in
subsection (1) (b) has access to independent legal advice.
9 General
or limited consents Section 29 (3)
(d)
substitute
(d) by a step-parent.
10 Revocation
of consentSection 31 (1)
(a)
omit
30 days
substitute
28 days
omit
30-day period
substitute
28-day period
12 Access
during revocation periodSection
32 (2)
omit
welfare and interests
substitute
best interests
13 Defective
consents Section 34
(3)
omit
7 days
substitute
28 days
14 Dispensing
with consentSection 35 (1),
note
substitute
Note If a form is approved under the Court Procedures Act
2004, s 8 for an application, the form must be used.
after section 35, insert
Division 3.4 Placement of child or young
person before adoption
35A Placement of child or young person before
adoption
(1) The chief executive may place a child or young person in the care of a
person if—
(a) the chief executive is the guardian of the child or young person; and
(b) the person—
(i) is on the register of suitable people; and
(ii) intends to apply for an adoption order for the child or young person;
and
(iii) has asked the chief executive, in writing, to place the child or
young person in the person’s care until the application is decided;
and
Note If a form is approved under s 120A for
this provision, the form must be used.
(c) the child or young person has been consulted under section 35B;
and
(d) if the child or young person is an Aboriginal or Torres Strait
Islander child or young person—the additional requirements mentioned in
section 6 (Aboriginal and Torres Strait Islander child or young
person—additional requirements) have been complied with.
(2) The chief executive must not place a child or young person in the care
of a person under subsection (1) unless the chief executive considers that the
person is suitable to adopt the particular child or young person having regard
to the criteria set out in section 39F (1) (c) (Deciding
application for adoption order for child or young person).
(3) The chief executive must remove a child or young person from the care
of a person with whom the child or young person has been placed under this
section if—
(a) the person is no longer on the register of suitable people;
or
(b) the chief executive considers that the person is no longer suitable to
adopt the particular child or young person having regard to the criteria set out
in section 39F (1) (c); or
(c) within 1 year after the child or young person is placed in the care of
the person under this section, the person has not applied for an adoption order
for the child or young person.
(4) A person given care of a child under this section has daily care
responsibility for the child or young person.
(5) In this section:
daily care responsibility—see the Children and Young
People Act 2008, section 19.
35B Consultation with child or young person before
deciding placement
(1) Before deciding about the placement of a child or young person under
section 35A, the chief executive must, if reasonably practicable, give the child
or young person—
(a) information about the proposed placement, in language and in a way
that the child or young person can understand; and
(b) the opportunity to freely express his or her views about the proposed
placement; and
(c) assistance in understanding the information provided and in expressing
his or her views, if required; and
(d) the opportunity for counselling, if required.
(2) The consultation under subsection (1) must be appropriate taking into
account the best interests of the child or young person.
Note See s 5 for the matters that must be taken into account by a
decision-maker in forming a view about the best interests of a child or young
person.
16 New
division 3.5 heading
before section 36, insert
Division 3.5 Guardianship before
adoption
substitute
36 Guardianship before adoption
(1) The chief executive is the guardian of a child or young person for all
purposes except section 26 (Consents of parents and guardians)
if—
(a) each person required to consent to the adoption of the child or young
person under section 26 has consented; or
(b) the requirement for consent has been dispensed with under section 35
(Dispensing with consent).
(2) However, subsection (1) does not apply in relation to a child or young
person if—
(a) the application for adoption is made by a step-parent under section 15
(Adoption by step-parent) and a parent of the child or young person has a
continuing role as a parent; or
(b) the principal officer of a private adoption agency is the guardian of
the child or young person for all purposes except section 26 (Consents of
parents and guardians) because of subsection (3); or
(c) a declaration under section 38 that the child or young person is under
the guardianship of an authority in a State or another Territory is in force; or
(d) the chief executive has long-term care responsibility for the child or
young person under the Children and Young People Act
2008.
(3) The principal officer of a private adoption agency is the guardian of
a child or young person for all purposes except section 26 (Consents of parents
and guardians) if—
(a) each person whose consent to the adoption is required has consented
and has, in writing, authorised the private adoption agency to make arrangements
with a view to the adoption; and
(b) the principal officer of the private adoption agency has told the
chief executive in writing that he or she is willing to assume the guardianship
of the child or young person.
(4) A guardianship under subsection (1) or (3) continues
until—
(a) an adoption order is made; or
(b) any consent given is revoked; or
(c) the court makes an order relating to the guardianship of the child or
young person.
37 Guardianship of non-citizen child or young
person
(1) This section applies in relation to a non-citizen child or young
person—
(a) brought from a place outside Australia for adoption in the ACT;
or
(b) adopted outside Australia if the adoption is not recognised under this
Act, part 4A.
(2) The chief executive is the guardian of the child or young person while
the child or young person is ordinarily resident in the ACT
until—
(a) the child or young person turns 18 years old; or
(b) an adoption order is made; or
(c) the court makes an order relating to the guardianship of the child or
young person; or
(d) the child or young person leaves Australia with the intention of
remaining outside Australia permanently.
Note The Minister for Immigration of the Commonwealth is the
guardian of a child arriving in Australia and subject to the Immigration
(Guardianship of Children) Act 1946 (Cwlth) until an adoption order is made.
The responsibility for guardianship is delegated to the chief executive under s
5 of the Immigration (Guardianship of Children) Act 1946 (Cwlth).
18 Review
of status of child released for
adoptionSection 39 (2)
omit
welfare and interests
substitute
best interests
after section 39, insert
Division 3.6 Proceedings for an adoption
order
39A Application for adoption
order
(1) A person (the applicant) may apply to the court for an
adoption order for a child or young person if an adoption order for the child or
young person may be made in favour of the applicant under this part or part 4A
(Intercountry and overseas adoption).
(2) A person (the applicant) may apply to the court for an
adoption order for a person who is 18 years old or older if an adoption order
for the person may be made in favour of the applicant under
section 10.
Note If a form is approved under the Court Procedures Act
2004, s 8 for an application, the form must be used.
39B Notice of application for adoption
order
(1) An adoption order must not be made unless the applicant has, not later
than 28 days before the return date for the application, served written notice
of the application and its return date on—
(a) anyone whose consent to the adoption is required but whose consent has
not been given; and
(b) anyone whose consent is not required but with whom the child or young
person lives or who has guardianship or custody of the child or young
person.
Note If a form is approved under the Court Procedures Act
2004, s 8 for an application, the form must be used.
(2) On application, the court may dispense with the requirement to serve
notice under subsection (1).
(3) If it appears to the court to be necessary in the interests of
justice, the court may, on application or its own initiative, direct that notice
of an application for an adoption order and its return date be served on
anyone.
39C Parties to proceeding
The court may permit anyone the court thinks fit to be joined as a party to
a proceeding on an application for an adoption order for the purpose
of—
(a) opposing the application; or
(b) opposing an application to dispense with a requirement for a
consent.
39D Report on proposed adoption
(1) The chief executive, or the principal officer of a private adoption
agency that made the arrangements that resulted in an application for an
adoption order for a child or young person, must give a written report to the
court.
(2) The written report must include—
(a) information about the circumstances of the child or young person;
and
(b) information about the proposed adoption, including the
applicant’s reputation, ability to fulfil the responsibility of a parent
and suitability to adopt the particular child or young person; and
(c) an adoption plan.
(3) The adoption plan may include anything that is appropriate taking into
account the best interests of the child or young person,
including—
(a) the preferences of a parent of the child or young person and of any
person whose consent is required for the adoption in relation to the social,
religious and financial characteristics of the adoptive family; and
(b) arrangements for exchanging information about the child’s or
young person’s medical background or condition; and
(c) arrangements for ongoing contact between the child or young person and
1 or more of the following:
(i) a parent of the child or young person;
(ii) a person whose consent is required for the adoption;
(iii) a person who otherwise has a significant relationship with the child
or young person; and
(d) the way the child or young person is to develop an understanding about
his or her family background and culture and have the opportunity to maintain or
develop cultural identity.
Note See s 5 for the matters that must be taken into account by a
decision-maker in forming a view about the best interests of a child or young
person.
(4) If the child or young person is under the guardianship of an authority
in a State or another Territory having functions under the law of that State or
Territory corresponding to those of the chief executive, the court may be given
a report from that authority about the circumstances of the child or young
person and the proposed adoption in addition to or instead of a report mentioned
in subsection (1).
(5) A written report is not required under this section if the application
is for an adoption order mentioned in section 57 (Adoption in ACT of ACT child
or young person by parents from Convention country).
Note For these applications, a report by the chief executive is
required under s 57A.
39E Consultation with child or young person before
adoption order made
(1) Before making an adoption order for a child or young person, the court
must be satisfied that, if reasonably practicable, the chief executive has given
the child or young person—
(a) information about the proposed adoption, in language and in a way that
the child or young person can understand; and
(b) the opportunity to freely express his or her views about the proposed
adoption; and
(c) assistance in understanding the information provided and in expressing
his or her views, if required; and
(d) the opportunity for counselling, if required.
(2) The consultation under subsection (1) must be appropriate taking into
account the best interests of the child.
Note See s 5 for the matters that must be taken into account by a
decision-maker in forming a view about the best interests of a child or young
person.
39F Deciding application for adoption order for child
or young person
(1) The court must not make an adoption order for a child or young person
unless—
(a) each consent required under division 3.3 has been given; and
(b) the period within which each required consent may be revoked has
expired without the consent having been revoked; and
(c) after considering the report or reports given to it under
section 39D (Report on proposed adoption) or section 57A (Report on child
for intercountry adoption) and any other evidence, the court considers
that—
(i) each applicant is of good reputation and able to fulfil the
responsibility of the parent of a child or young person (including protecting a
child’s or young person’s physical and emotional well being);
and
(ii) each applicant is suitable to adopt the particular child or young
person having regard to—
(A) the applicant’s age, education and attitude to adoption;
and
(B) the applicant’s physical, mental and emotional health,
particularly as it impacts on capacity to nurture the child or young person;
and
(C) any other relevant consideration; and
(iii) the adoption is in the best interests of the child or young
person.
(2) In deciding whether or not to make an adoption order, the court must
have regard to—
(a) the views expressed by the child or young person in the consultation
required under section 39E (Consultation with child or young person before
adoption order made); and
(b) any preferences expressed in an adoption plan given to the court as
part of a report required under section 39D (Report on proposed
adoption).
Note Additional requirements apply to certain intercountry
adoptions. See the following sections:
• s 57 (3) (Adoption in ACT of ACT child or young person by
parents from Convention country);
• s 57B (3) (Adoption in ACT of child or young person from Convention
country by ACT parents);
• s 57J (2) (Adoption in ACT of child or young person from prescribed
overseas jurisdiction by ACT parents).
39G Aboriginal or Torres Strait Islander child or
young person
(1) This section is in addition to, and does not limit, section
39F.
(2) An adoption order must not be made for an Aboriginal or Torres Strait
Islander child or young person unless the court is satisfied
that—
(a) the additional requirements mentioned in section 6 (Aboriginal and
Torres Strait Islander child or young person—additional requirements) have
been complied with; and
(b) it is not practicable for the child or young person to remain in the
care of the birth parents or a responsible person; and
(c) the choice of the adoptive parents has been made having regard to the
desirability of the child or young person—
(i) being in the care of a person who is a member of an Aboriginal or
Torres Strait Islander community; and
(ii) being able to establish and maintain contact with his or her birth
parents, any responsible person and the Aboriginal or Torres Strait Islander
community of which the child or young person is or was a member.
39H Adoption of non-citizen child or young
person
An adoption order must not be made for a non-citizen child or young person
unless the court is satisfied that the provisions of part 4A (Intercountry
and overseas adoption) have been complied with.
39I Deciding application for adoption order for
person 18 years old or older
The court must not make an adoption order for a person who was
18 years old or older on the day the application was filed in the court
unless—
(a) the person consents to the adoption by the applicant or applicants;
and
(b) the court is satisfied that the applicant or applicants are of good
reputation.
39J Notification to chief executive of adoption
order
The registrar of the court must notify the chief executive in writing if
the court makes an adoption order.
39K Alternative orders on refusal of adoption order
(1) If the court refuses to make an adoption order for a child or young
person, the court may—
(a) if it considers that the child’s or young person’s best
interests would be promoted by doing so—make an order relating to
guardianship or custody of the child or young person; and
(b) make any other order it thinks fit.
(2) An order under subsection (1) (a) may be made in favour of the chief
executive or any other person.
39L Discharge of adoption order
(1) On application by a prescribed person, the court may make an order (a
discharging order) discharging an adoption order if the court
considers that—
(a) the adoption order, or any consent to the adoption, was obtained by
fraud, duress or other improper means; or
(b) there are other circumstances that justify the discharging
order.
(2) For subsection (1) (b), a breakdown in the relationship between the
adopted person and the adoptive parents must not be taken to constitute a
circumstance justifying a discharging order.
(3) A discharging order must not be made if it appears to the court that
the making of the order would be prejudicial to the best interests of the
adopted person.
(4) On an application under subsection (1), the court may require the
chief executive to investigate the matter and to provide a written report to the
court.
(5) A discharging order must not be made unless the applicant has, not
later than 28 days before the return date for the application, served written
notice of the application and its return date on—
(a) if the adopted person is 12 years old or older—the adopted
person; and
(b) each adoptive parent; and
(c) each person whose consent to the adoption was required.
Note If a form is approved under the Court Procedures Act
2004, s 8 for an application, the form must be used.
(6) On application, the court may dispense with the requirement to serve
notice under subsection (5).
(7) If the court makes a discharging order, the court may, at the same
time or subsequently, make any consequential or ancillary orders it thinks fit
to promote the best interests of the adopted person, or otherwise in the
interests of justice, including orders relating to—
(a) the person’s name; or
(b) the ownership of property; or
(c) if the person is a child or young person—
(i) guardianship or custody of the person; or
(ii) the place of residence of the person.
(8) Subject to any order made under subsection (7) and to
section 43 (3), the rights, privileges, obligations, liabilities and
relationships under the law of the Territory of the person and of all other
people are, on the making of a discharging order, the same as if the adoption
order had not been made, but without prejudice to—
(a) anything lawfully done while the adoption order was in force;
or
(b) the consequences of anything unlawfully done while the adoption order
was in force; or
(c) any right or interest that became vested in any person while the
adoption order was in force.
(9) If an adoption order that has been discharged was made under a general
consent, then, unless the court otherwise orders, that consent remains effective
for the purpose of a further application for an adoption order about the same
person.
(10) In this section:
prescribed person, in relation to an application for a
discharging order for a person, means the Minister, the chief executive, the
public advocate, the adopted person, an adoptive parent or a person whose
consent to the adoption was required.
renumber as division 3.7
21 Amendment
of adoption conditionSection
41 (1)
omit
welfare and interests
substitute
best interests
renumber as division 3.8
23 General
effect Section 43 (1) and
(2)
substitute
(1) Subject to this Act and the provisions of any other Territory law that
expressly distinguishes between adopted people and other people, on the making
of an adoption order, for all purposes—
(a) the adopted person becomes in law a child of the adoptive parents, and
the adoptive parents become in law the parents of the adopted person as if the
adopted person had been born to the adoptive parents; and
(b) the adopted person ceases to be a child of the birth parents or of any
person (a pre-adoption parent) who was an adoptive parent before
the making of the adoption order, and any such pre-adoption parent ceases to be
a parent of the adopted person; and
(c) if the order is made in favour of a step-parent—the relationship
of the adopted person with the parent living in a domestic partnership with the
step-parent is not affected; and
(d) the relationship to one another of all people (including the adopted
person and the adoptive parents, birth parents or any former adoptive parent)
must be decided on the basis of paragraphs (a), (b) and (c) so far as they are
relevant; and
(e) any existing appointment of a person as guardian of the adopted person
ceases to have effect; and
(f) any previous adoption of the adopted person (whether under a Territory
law or otherwise) ceases to have effect.
(2) However, an adoption order does not exclude any right of inheritance
that the adopted person might otherwise have from or through a deceased person
if—
(a) 1 of the birth or former adoptive parents of an adopted person has
died; and
(b) an adoption order is made in favour of a step-parent after that
death.
substitute
45 Names of adopted child or young
person
(1) On the making of an adoption order for a child or young person, the
court may change the name of the child or young person, on the application of
either of the adoptive parents.
(2) In deciding the name of a child or young person, the court must
consider—
(a) the best interests of the child or young person; and
(b) the child’s or young person’s right to retain his or her
name and identity.
(3) The court may approve any of the following as a family name for an
adopted child or young person:
(a) if both adoptive parents are known by the same family name—that
name;
(b) the maiden name or other family name of the child’s or young
person’s mother;
(c) the family name of the child’s or young person’s father;
(d) the family name or former family name of any previous parent of the
child or young person;
(e) a family name formed by combining the parent’s family names or
any previous parent’s family names.
(4) If an adoptive parent is applying for an order to change a
child’s or young person’s given name, the chief executive must
provide the court with a written report about—
(a) the proposed name change; and
(b) any exceptional circumstances; and
(c) the best interests of the child or young person.
Note See s 6 for the matters that must be taken into account by a
decision-maker in forming a view about the best interests of a child or young
person.
(5) In considering an application to change the given name of the adopted
child or young person, the court—
(a) must consider the report provided under subsection (4); and
(b) must retain the child’s or young person’s given name
unless there are exceptional circumstances for changing the name; and
(c) may give the child or young person additional given names.
Example—par (b)
An exceptional circumstance would be if the given name is likely to make
the child or young person vulnerable to ridicule or teasing in every day life in
Australian society.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(6) The registrar of the court must notify the registrar-general under the
Births, Deaths and Marriages Registration Act 1997 if a child’s or
young person’s name is changed under this section.
(7) This section does not prevent the changing of any name of an adopted
child or young person, after the making of the adoption order, in accordance
with the law of the Territory.
Note The Births, Deaths and Marriages Registration Act 1997,
s 19 allows parents to apply for a change of name of a child.
25 Distribution
of property by trustee or personal
representativeSection 47
(2)
omit
shall not
substitute
must not
renumber as division 3.9
27 Making
of orderSection
50 (2)
omit
welfare
substitute
wellbeing
substitute
Part 4 Recognition of Australian adoptions
53 Recognition of Australian adoptions
An order for the adoption of a person that was made in a State or another
Territory (whether before or after the commencement of this Act) has the same
effect as an adoption order made under this Act if the order—
(a) was made in accordance with the law of the State or Territory;
and
(b) has not been rescinded under the law of the State or
Territory.
Part 4A Intercountry and overseas
adoption
Division
4A.1 Preliminary
54 Adoptions outside
Australia—general
(1) The adoption of a person in a country outside Australia (whether
before or after the commencement of this section) does not have effect as an
adoption for the law of the Territory, except as provided for in this
part.
(2) However, nothing in this part affects any right that was acquired by,
or became vested in, a person before the commencement of this part.
55 State central authority
(1) The chief executive is the State central authority for the ACT for the
purposes of the Convention, article 6 (2).
(2) The chief executive must tell the Commonwealth central
authority—
(a) that the chief executive is the State central authority for the ACT;
and
(b) the address and functions of the State central authority for the
ACT.
56 Functions of State central
authority
(1) Subject to subsection (2), the State central authority for the
ACT—
(a) has all the duties of a central authority under the Convention;
and
(b) may exercise all of the powers of a central authority under the
Convention.
(2) The functions of the State central authority for the ACT do not
include any functions that are functions of the Commonwealth central authority
under the Family Law (Hague Convention on Intercountry Adoption) Regulations
1998 (Cwlth).
Division 4A.2 Convention on intercountry
adoption
Subdivision 4A.2.1 Adoption under
Convention
57 Adoption in ACT of ACT child or young person by
parents from Convention country
(1) The court may make an adoption order for the adoption of a child or
young person who is habitually resident in the ACT by a prospective adoptive
parent or parents who are habitually resident in a Convention country.
Note Convention country does not include Australia—see
the Family Law (Hague Convention on Intercountry Adoption) Regulations
1998 (Cwlth), reg 4.
(2) Division 3.2 (Who can adopt?) does not apply to an adoption order
under this section.
(3) In addition to the matters set out in section 39F (Deciding
application for adoption order for child or young person), the court must not
make the order unless satisfied that—
(a) the report mentioned in section 57A has been given to the central
authority of the Convention country; and
(b) the central authority of the Convention country has agreed to the
adoption of the child or young person; and
(c) the central authority of the Convention country has agreed to
recognise the ACT adoption order as a full and permanent adoption order in the
Convention country; and
(d) the prospective adoptive parent or parents are present in the ACT when
the adoption order is made.
(4) The court must not make the order if the child or young person is not
allowed to leave Australia—
(a) under a law of the Commonwealth, a State or another Territory; or
(b) because of an order of a court of the Commonwealth, a State or another
Territory.
57A Report on child for intercountry
adoption
(1) For an adoption order mentioned in section 57, the chief executive
must prepare a written report that includes—
(a) information about the identity, background, social environment, family
and medical history of the child or young person; and
(b) evidence that each consent required under division 3.3 has been given,
or that the requirement for consent has been dispensed with; and
(c) details of the consideration given to placing the child or young
person for adoption in Australia and any other action that could be taken to
care for the child or young person in Australia; and
(d) an assessment of whether the chief executive is satisfied that the
child should be adopted outside Australia; and
(e) information about the circumstances and suitability of the prospective
adoptive parent or parents.
(2) A copy of the report must be given to—
(a) the court; and
(b) the central authority of the Convention country where the prospective
adoptive parent or parents are habitually resident.
57B Adoption in ACT of child or young person from
Convention country by ACT parents
(1) The court may make an adoption order for the adoption of a child or
young person who is habitually resident in a Convention country by a prospective
adoptive parent or parents who are on the register of suitable people.
Note For the register of suitable people, see s 19.
(2) In addition to the matters set out in section 39F (Deciding
application for adoption order for child or young person), the court must not
make the order unless satisfied that—
(a) the central authority of the Convention country has agreed to the
adoption of the child or young person; and
(b) the child or young person is allowed to reside permanently in
Australia; and
(c) the child or young person is present in the ACT when the adoption
order is made; and
(d) arrangements for adoption of the child or young person have been made
by the chief executive or a private adoption agency.
(3) For subsection (2) (b), a child or young person is not allowed to
reside permanently in Australia if the child or young person is affected by a
law of the Commonwealth, a State or Territory, or by an order of a Commonwealth,
State or Territory court, the effect of which is to prevent the child or young
person permanently residing in Australia.
Note A child entering Australia before the order is made is subject
to the Immigration (Guardianship of Children) Act 1946 (Cwlth). See this
Act, s 37.
57C Issue of adoption compliance
certificate
If the court has made an adoption order for the adoption of a child or
young person under section 57 or section 57B, the State central authority for
the ACT may issue an adoption compliance certificate.
Note Adoption compliance certificate—see the
dictionary.
Subdivision 4A.2.2 Recognition under
Convention
57D Recognition of adoption of child or young person
from Convention country in that country
(1) This section applies if—
(a) an adoption (whether before or after the commencement of this section)
by a person who is habitually resident in the ACT, of a child or young person
who is habitually resident in a Convention country, is granted in that country;
and
(b) arrangements for adoption of the child or young person have been made
by the chief executive or a private adoption agency; and
(c) an adoption compliance certificate issued (whether before or after the
commencement of this section) in the Convention country is in force for the
adoption.
Note Adoption compliance certificate—see the
dictionary.
(2) Subject to section 57G (Refusal to recognise adoption or decision),
the adoption is recognised and effective, for the law of the Territory, on and
after the day the certificate becomes effective.
57E Recognition of adoption of child or young person
from Convention country to another Convention country
(1) This section applies if—
(a) an adoption (whether before or after the commencement of this section)
by a person who is habitually resident in a Convention country, of a child or
young person who is habitually resident in another Convention country, is
granted; and
(b) an adoption compliance certificate issued (whether before or after the
commencement of this section) in the Convention country in which the adoption is
granted is in force for the adoption.
(2) Subject to section 57G (Refusal to recognise adoption or decision),
the adoption is recognised and effective, for the law of the Territory, on and
after the day the certificate becomes effective.
57F Effect of recognition
(1) Subject to subsection (2), for the law of the Territory, an adoption
of a child or young person that is recognised and effective under section 57D or
section 57E is to be treated as having the same effect as an adoption order made
under this Act.
Note See s 43 (General effect) and the Convention, art 26 and 27.
The text of the Convention is set out in sch 1.
(2) The legal relationship between the child or young person and the
individuals who were, immediately before the adoption, the child’s or
young person’s parents is terminated if the law of the Convention country
where the adoption was granted provides that the adoption of the child or young
person terminates the legal relationship.
57G Refusal to recognise adoption or
decision
(1) The chief executive may apply to the court for a declaration that an
adoption or decision made in accordance with the Convention, article 27 is not
recognised.
(2) The court may make the declaration if satisfied that the adoption or
decision is manifestly contrary to public policy, taking into account the best
interests of the child or young person.
(3) If the court declares that it does not recognise the adoption or
decision, the adoption or decision has no effect for the law of the Territory.
57H Order terminating legal relationship between
child or young person and parents
(1) This section applies if—
(a) an adoption, by an adoptive parent who is habitually resident in the
ACT, of a child or young person who is habitually resident in a Convention
country is granted in that country; and
(b) the law of the Convention country does not provide that the adoption
of the child or young person terminates the legal relationship between the child
or young person and the individuals who were, immediately before the adoption,
the child’s or young person’s parents (the pre-adoption
parents).
Note The text of the Convention is set out in sch 1.
(2) The chief executive may, on behalf of an adoptive parent, apply to the
court for an order that the adoption of the child or young person terminates the
legal relationship between the child or young person and the pre-adoption
parents.
(3) The chief executive must give written notice of the application to the
central authority of the Convention country that granted the adoption.
(4) The court may make the order only if satisfied that—
(a) an adoption compliance certificate issued in the Convention country is
in force for the adoption; and
(b) the law of the Convention country does not provide that the adoption
of the child or young person terminates the legal relationship between the child
or young person and the pre-adoption parents; and
(c) the child or young person is allowed—
(i) to enter Australia; and
(ii) to reside permanently in Australia; and
(d) notice has been given as required by subsection (3).
(5) For subsection (4) (c), a child or young person is not allowed to
enter or reside permanently in Australia if the child or young person is
affected by a law of the Commonwealth, a State or Territory, or by an order of a
Commonwealth, State or Territory court, the effect of which is to prevent the
child or young person from entering or residing permanently in Australia.
57I Evidential value of adoption compliance
certificate
Subject to section 57G (Refusal to recognise adoption or decision), an
adoption compliance certificate issued in a Convention country is evidence, for
the law of the Territory, that the adoption to which the certificate or order
relates—
(a) was agreed to by the central authorities of the countries mentioned in
the certificate; and
(b) was carried out in accordance with the Convention and the law of that
country.
Note Adoption compliance certificate—see the
dictionary.
Division 4A.3 Bilateral arrangements for
intercountry adoptions
57J Adoption in ACT of child or young person from
prescribed overseas jurisdiction by ACT parents
(1) The court may make an adoption order for the adoption of a child or
young person who is habitually resident in a prescribed overseas jurisdiction by
a prospective adoptive parent or parents who are on the register of suitable
people.
Note For the register of suitable people, see s 19.
(2) In addition to the matters set out in section 39F (Deciding
application for adoption order for child or young person), the court must not
make the order unless satisfied that—
(a) the competent authority of the prescribed overseas jurisdiction has
agreed to the adoption of the child or young person; and
(b) the child or young person is allowed to reside permanently in
Australia; and
(c) the child or young person is present in the ACT when the adoption
order is made; and
(d) arrangements for adoption of the child or young person have been made
by the chief executive or a private adoption agency.
(3) For subsection (2) (b), a child or young person is not allowed to
reside permanently in Australia if the child or young person is affected by a
law of the Commonwealth, a State or Territory, or by an order of a Commonwealth,
State or Territory court, the effect of which is to prevent the child or young
person permanently residing in Australia.
Note 1 A child entering Australia before the order is made is
subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth)
see this Act, s 37.
Note 2 Prescribed overseas jurisdiction—see the
dictionary.
57K Evidential value of adoption compliance
certificate—div 4A.3
An adoption compliance certificate issued in a prescribed overseas
jurisdiction, or an adoption order certified by the competent authority of a
prescribed overseas jurisdiction as having been made in accordance with the law
of that country, is evidence, for the law of the Territory, that the adoption to
which the certificate or order relates was carried out in accordance with the
law of the prescribed overseas jurisdiction.
Division 4A.4 Recognition of other overseas
adoptions
57L Recognition of adoption order made outside
Australia
(1) This section applies to an order for the adoption of a person that was
made (whether before or after the commencement of this section) in a country
outside Australia if, when the legal steps that resulted in the adoption were
commenced, the adoptive parent or parents—
(a) had been resident in a country outside Australia for 1 year or more;
or
(b) were domiciled in a country outside Australia.
(2) An order for the adoption of a person to which this section applies
has the same effect as an adoption order made under this Act if—
(a) the adoption is in accordance with and has not been rescinded under
the law of the country outside Australia where the adoption order was made; and
(b) in consequence of the adoption, the adoptive parent or parents, under
the law of that country, have a right superior to that of the adopted
person’s birth parents in relation to the care of the adopted person; and
(c) under the law of that country, the adoptive parent or parents were,
because of the adoption, placed generally in relation to the adopted person in
the position of a parent or parents.
(3) Despite subsection (2), a court (including a court dealing with an
application under section 57M) may refuse to recognise an adoption under this
section if it appears to the court that the procedure followed, or the law
applied, in connection with the adoption involved a denial of natural justice or
did not comply with the requirements of substantial justice.
(4) A court that refuses to recognise an adoption may, when refusing or
later, give leave to the applicant to seek an order for the adoption of the
person concerned.
(5) In any proceeding before a court (including a proceeding under section
57M), it is to be presumed unless the contrary appears from the evidence, that
an order for the adoption of a person that was made in a country outside
Australia complies with subsection (1).
(6) This section does not affect any right that was acquired by, or became
vested in, a person before the commencement of this section.
57M Declaration of validity of adoption order made
outside Australia
(1) Any of the parties to an adoption order made in a country outside
Australia may apply to the court for a declaration that the order complies with
section 57L.
(2) On an application under this section, the court may—
(a) direct that notice of the application be given to the people
(including the Attorney-General) that the court thinks fit; or
(b) direct that a person be made a party to the application; or
(c) permit a person having an interest in the matter to intervene in, and
become a party to, the proceeding.
(3) If the court makes a declaration under this section, it may include in
the declaration the particulars in relation to the adoption, the adopted person
and the adoptive parent or parents that the court finds to be established.
(4) For the law of the Territory, a declaration under this section
binds—
(a) the Territory, whether or not notice was given to the
Attorney-General; and
(b) a person who was a party to the proceeding for the declaration or a
person claiming through a party to the proceeding; and
(c) a person to whom notice of the application for the declaration was
given or a person claiming through a person given notice.
(5) For the law of the Territory, a declaration under this section does
not affect—
(a) the rights of a person not mentioned in subsection (4); or
(b) an earlier judgment, order or decree of a court or other body of
competent jurisdiction.
(6) In a proceeding in a court of the Territory, the production of a
certified copy of a declaration made under this section is
evidence—
(a) of the facts stated in, and the matters appearing from, the order
mentioned in subsection (1); and
(b) that the adoption complies with section 57L.
29 Definitions—pt
5Section 58, definitions of associated
person, birth parent, birth relative and identifying
information
substitute
associated person, in relation to an adoption,
means—
(a) the adopted person; or
(b) an adoptive parent; or
(c) a birth parent or relative of the adopted person; or
(d) a child or other descendant of the adopted person.
birth parent, of an adopted person, includes anyone who was a
guardian of the person before the person was adopted.
birth relative, of an adopted person, means a person
who—
(a) was a relative of the person before the person was adopted; or
(b) would have been a relative of the person if the adoption had not taken
place.
identifying information, in relation to an adoption,
means—
(a) a copy of, or an extract from, an entry in a register of births
relating to the adopted person; or
(b) information from which a birth parent, a birth relative or the adopted
person may be identified (other than information that consists of the address of
a place of residence).
substitute
59 Application—pt 5
(1) The provisions of this part (other than section 70 and section 71)
apply in relation to an adoption whether the adoption order was made before or
after the commencement of this Act.
(2) Section 70 and section 71 apply in relation to an adoption only if the
adoption order was made—
(a) before the commencement of this Act; or
(b) after the commencement of this Act but before the commencement of the
Adoption Amendment Act 2009 (No 2).
(3) If an adopted person is ordinarily resident in the ACT, the provisions
of this part apply in relation to the adoption of the person whether the
adoption order was made in the ACT or elsewhere.
31 Confidentiality
of recordsSection
60 (1) (c)
omit
adopted child
substitute
adopted person
32 Records
of adoptionsSection
61 (3)
substitute
(3) For subsection (2), the associated people are the adopted person, an
adoptive parent, a birth parent and the person who made the report mentioned in
section 39D.
33 Restriction
on entitlement to applySection 68
(1)
omit
adopted child
substitute
adopted person
omit
a person mentioned in section 18 (2)
substitute
a step-parent
omit
adopted child
substitute
adopted person
omit
the child
substitute
the person
37 Section
68 (4) (b) and (5)
omit
adopted child
substitute
adopted person
omit
the child
substitute
the person
substitute
70 Objection to contact—adoptions before
Adoption Amendment Act 2009 (No 2)
Note This section applies in relation to an adoption order only if
the adoption order was made before the commencement of the Adoption Amendment
Act 2009 (No 2) (see s 59 (2)).
(1) An objection to contact (an objection) may be made
by—
(a) an adopted person who is at least 17 years and 6 months old;
or
(b) an adoptive parent; or
(c) a birth relative who is at least 18 years old; or
(d) an adoptive relative who is at least 18 years old; or
(e) a child or other descendant of an adopted person, being a child or
other descendant, who is at least 18 years old; or
(f) a birth parent.
(2) An objection—
(a) must state the person or a class of people (each of whom is an
associated person) to whom the objection relates; and
(b) must be made by notice in writing lodged with the chief executive; and
(c) continues in force until revoked by notice in writing lodged with the
chief executive, by the person who made the objection.
(3) If the chief executive receives an objection or revocation, the chief
executive must enter the particulars in the contact veto register.
(4) An objection made by a person who is under 18 years old takes effect
when the person turns 18 years old.
substitute
71 Contact veto by person other than adopted
person—adoptions before Adoption Amendment Act 2009 (No
2)
Note This section applies in relation to an adoption order only if
the adoption order was made before the commencement of the Adoption Amendment
Act 2009 (No 2) (see s 59 (2)).
(1) A contact veto may be lodged by a parent on behalf of a person who is
under 18 years old if—
(a) the person is not an adopted person; and
(b) the person would be entitled to lodge an objection on turning 18 years
old.
(2) A contact veto lodged under subsection (1) remains in force
until—
(a) the parent who lodged the objection revokes it; or
(b) the person on whose behalf the objection was lodged turns
18 years old.
(3) A person may lodge a contact veto if the person—
(a) is not an adopted person; and
(b) is at least 17 years and 6 months old.
(4) A contact veto lodged under subsection (3) comes into effect when the
person turns 18 years old.
41 Counselling
servicesSection 72, new
note
insert
Note An objection to contact under s 70 may be made in relation to
an adoption only if the adoption order was made before the commencement of the
Adoption Amendment Act 2009 (No 2).
substitute
73 Declaration that contact not be
attempted
(1) This section applies if—
(a) a person stated in, or included in a class of people stated in, an
objection to contact or contact veto requests information under section 67 (1);
and
(b) an objection to contact or contact veto has been made under section 70
or section 71; and
(c) the objection to contact or contact veto has not been revoked.
Note An objection to contact under s 70 and a contact veto under s
71 may only be made in relation to an adoption order made before the
commencement of the Adoption Amendment Act 2009 (No 2).
(2) The chief executive must not divulge the information unless the person
requesting the information—
(a) has attended a counselling service under section 72; and
(b) signs a declaration that he or she will not—
(i) contact or attempt to contact the person who lodged the objection;
or
(ii) arrange or attempt to arrange contact with that person; or
(iii) procure another person to contact, attempt to contact, or attempt to
arrange contact with, that person.
43 Birth
details of adopted person born
overseasSection 74
omit
adopted child
substitute
adopted person
omit
the child
substitute
the person
omit
the child’s
substitute
the person’s
substitute
77 Family information service
omit
adoption information service
substitute
family information service
48 Interfering
with upbringing of child Section 91
(b)
omit
a person referred to in section 18 (2)—otherwise than in accordance
with the approval of the chief executive or in accordance with division
3.3
substitute
a step-parent—otherwise than in accordance with the approval of the
chief executive or with division 3.7
49 Registration
of ordersSection
104 (2) (b)
omit
a child
substitute
a person
50 Particulars
of interstate ordersSection
106
omit
child
substitute
person
insert
108A Financial support of adopted children and young
people
(1) This section applies if—
(a) a child or young person is adopted in the ACT; and
(b) the child or young person is ordinarily resident in the ACT;
and
(c) before the adoption order was made—
(i) the chief executive had daily care responsibility or long-term care
responsibility for the child or young person under the Children and Young
People Act 2008; or
(ii) the adoptive parents had daily care responsibility or long-term care
responsibility for the child or young person as foster carers under the
Children and Young People Act 2008; or
(iii) the adoptive parents had daily care responsibility or long-term care
responsibility for the child or young person as kinship carers under the
Children and Young People Act 2008.
(2) The chief executive may provide financial support to the adoptive
parents of the child or young person if—
(a) the child or young person has complex or high needs; and
(b) the adoptive parents require financial assistance to help manage the
child’s or young person’s needs; and
(c) the financial burden of meeting the child’s or young
person’s needs without any financial assistance might prevent an adoption
order which would otherwise be in the best interests of the child or young
person.
(3) Support provided under this section must be reviewed by the chief
executive every 12 months.
52 Contents
of reports not to be disclosed Section
113
omit
section 19
substitute
section 39D
53 Regulation-making
powerSection
121 (2) (d)
omit
children
substitute
people
insert
Part 20 Transitional—Adoption
Amendment Act 2009 (No 2)
200 Definitions—pt 20
In this part:
amended Act means the Adoption Act 1993 as in force
immediately after the commencement of the amending Act.
amending Act means the Adoption Amendment
Act 2009 (No 2).
commencement day means the day this part commences.
pre-amendment Act means the Adoption Act 1993 as in
force immediately before the commencement day.
201 Proceeding not completed before commencement
day
(1) This section applies if, before the commencement day—
(a) a proceeding had been started in the court under the pre-amendment
Act; and
(b) the proceeding had not been completed.
(2) The amended Act applies in relation to the proceeding.
(3) However, the amendments of section 31 (1) (a) and (b) do not
apply in relation to an instrument of consent signed before the commencement
day.
Note The amendments of s 31 (1) (a) and (b) reduce the
time for filing a notice of revocation from 30 days to 28 days after the
instrument of consent is signed.
202 Consents to which s 34 (3)
applies
The amendment of section 34 (3) made by the amending Act applies only
in relation to a consent signed after the commencement day.
Note The amendment of s 34 (3) increases the time before a
notice of consent can be signed from 7 days to 28 days after the birth of the
child.
203 Request for placement not decided before
commencement day
(1) This section applies if, before the commencement day—
(a) a request has been made to the chief executive for custody of a child
under the pre-amendment Act, section 16; and
(b) the chief executive has not made a decision in relation to the
request.
(2) The request is taken to be a request under the amended Act,
section 35A.
204 Placement in force before commencement
day
A placement in force immediately before the commencement day under the
pre-amendment Act, section 16 is taken to be a placement under the amended Act,
section 35A.
205 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the Adoption
Amendment Act 2009 (No 2).
(2) A regulation may modify this part (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this part.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act or another territory law.
206 Expiry—pt 20
(1) This part expires 2 years after the commencement day.
(2) This part is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
insert
Schedule 1 Convention on Protection of
Children and Cooperation in Respect of Intercountry Adoption
(dict, def Convention)
The States signatory to the present Convention,
Recognising that the child, for the full and harmonious development of his
or her personality, should grow up in a family environment, in an atmosphere of
happiness, love and understanding,
Recalling that each State should take, as a matter of priority, appropriate
measures to enable the child to remain in the care of his or her family of
origin,
Recognising that intercountry adoption may offer the advantage of a
permanent family to a child for whom a suitable family cannot be found in his or
her State of origin,
Convinced of the necessity to take measures to ensure that intercountry
adoptions are made in the best interests of the child and with respect for his
or her fundamental rights, and to prevent the abduction, the sale of, or traffic
in children,
Desiring to establish common provisions to this effect, taking into account
the principles set forth in international instruments, in particular the United
Nations Convention on the Rights of the Child , of 20 November 1989, and
the United Nations Declaration on Social and Legal Principles relating to the
Protection and Welfare of Children, with Special Reference to Foster Placement
and Adoption Nationally and Internationally (General Assembly Resolution
41/85, of 3 December 1986),
Have agreed upon the following provisions—
CHAPTER I—SCOPE OF THE CONVENTION
Article 1
The objects of the present Convention are—
(a) to establish safeguards to ensure that intercountry adoptions take
place in the best interests of the child and with respect for his or her
fundamental rights as recognised in international law,
(b) to establish a system of cooperation amongst Contracting States to
ensure that those safeguards are respected and thereby prevent the abduction,
the sale of, or traffic in children,
(c) to secure the recognition in Contracting States of adoptions made in
accordance with the Convention.
Article 2
(1) The Convention shall apply where a child habitually resident in one
Contracting State (‘ "the State of origin" ’) has been, is being, or
is to be moved to another Contracting State (‘ "the receiving State"
’) either after his or her adoption in the State of origin by spouses or a
person habitually resident in the receiving State, or for the purposes of such
an adoption in the receiving State or in the State of origin.
(2) The Convention covers only adoptions which create a permanent
parent-child relationship.
Article 3
The Convention ceases to apply if the agreements mentioned in Article 17,
sub-paragraph (c), have not been given before the child attains the age of
eighteen years.
CHAPTER II—REQUIREMENTS FOR INTERCOUNTRY
ADOPTIONS
Article 4
An adoption within the scope of the Convention shall take place only if the
competent authorities of the State of origin—
(a) have established that the child is adoptable,
(b) have determined, after possibilities for placement of the child within
the State of origin have been given due consideration, that an intercountry
adoption is in the child’s best interests,
(c) have ensured that
(1) the persons, institutions and authorities whose consent is necessary
for adoption, have been counselled as may be necessary and duly informed of the
effects of their consent, in particular whether or not an adoption will result
in the termination of the legal relationship between the child and his or her
family of origin,
(2) such persons, institutions and authorities have given their consent
freely, in the required legal form, and expressed or evidenced in writing,
(3) the consents have not been induced by payment or compensation of any
kind and have not been withdrawn, and
(4) the consent of the mother, where required, has been given only after
the birth of the child, and
(d) have ensured, having regard to the age and degree of maturity of the
child, that
(1) he or she has been counselled and duly informed of the effects of the
adoption and of his or her consent to the adoption, where such consent is
required,
(2) consideration has been given to the child’s wishes and opinions,
(3) the child’s consent to the adoption, where such consent is
required, has been given freely, in the required legal form, and expressed or
evidenced in writing, and
(4) such consent has not been induced by payment or compensation of any
kind.
Article 5
An adoption within the scope of the convention shall take place only if the
competent authorities of the receiving State—
(a) have determined that the prospective adoptive parents are eligible and
suited to adopt,
(b) have ensured that the prospective adoptive parents have been
counselled as may be necessary, and
(c) have determined that the child is or will be authorised to enter and
reside permanently in that State.
CHAPTER III—CENTRAL AUTHORITIES AND ACCREDITED
BODIES
Article 6
(1) A Contracting State shall designate a Central Authority to discharge
the duties which are imposed by the Convention upon such authorities.
(2) Federal States, States with more than one system of law or States
having autonomous territorial units shall be free to appoint more than one
Central Authority and to specify the territorial or personal extent of their
functions. Where a State has appointed more than one Central Authority, it shall
designate the Central Authority to which any communication may be addressed for
transmission to the appropriate Central Authority within that State.
Article 7
(1) Central Authorities shall cooperate with each other and promote
cooperation amongst the competent authorities in their States to protect
children and to achieve the other objects of the Convention.
(2) They shall take directly all appropriate measures to—
(a) provide information as to the laws of their States concerning adoption
and other general information, such as statistics and standard forms,
(b) keep one another informed about the operation of the Convention and,
as far as possible, eliminate any obstacles to its application.
Article 8
Central Authorities shall take, directly or through public authorities, all
appropriate measures to prevent improper financial or other gain in connection
with an adoption and to deter all practices contrary to the objects of the
Convention.
Article 9
Central Authorities shall take, directly or through public authorities or
other bodies duly accredited in their State, all appropriate measures, in
particular to—
(a) collect, preserve and exchange information about the situation of the
child and the prospective adoptive parents, so far as is necessary to complete
the adoption,
(b) facilitate, follow and expedite proceedings with a view to obtaining
the adoption,
(c) promote the development of adoption counselling and post-adoption
services in their States,
(d) provide each other with general evaluation reports about experience
with intercountry adoption,
(e) reply, in so far as is permitted by the law of their State, to
justified requests from other Central Authorities or public authorities for
information about a particular adoption situation.
Article 10
Accreditation shall only be granted to and maintained by bodies
demonstrating their competence to carry out properly the tasks with which they
may be entrusted.
Article 11
An accredited body shall—
(a) pursue only non-profit objectives according to such conditions and
within such limits as may be established by the competent authorities of the
State of accreditation,
(b) be directed and staffed by persons qualified by their ethical
standards and by training or experience to work in the field of intercountry
adoption, and
(c) be subject to supervision by competent authorities of that State as to
its composition, operation and financial situation.
Article 12
A body accredited in one Contracting State may act in another Contracting
State only if the competent authorities of both States have authorised it to do
so.
Article 13
The designation of the Central Authorities and where appropriate, the
extent of their functions, as well as the names and addresses of the accredited
bodies shall be communicated by each Contracting State to the Permanent Bureau
of the Hague Conference on Private International Law.
CHAPTER IV—PROCEDURAL REQUIREMENTS IN
INTERCOUNTRY ADOPTION
Article 14
Persons habitually resident in a Contracting State, who wish to adopt a
child habitually resident in another Contracting State, shall apply to the
Central Authority in the State of their habitual residence.
Article 15
(1) If the Central Authority of the receiving State is satisfied that the
applicants are eligible and suited to adopt, it shall prepare a report including
information about their identity, eligibility and suitability to adopt,
background, family and medical history, social environment, reasons for
adoption, ability to undertake an intercountry adoption, as well as the
characteristics of the children for whom they would be qualified to care.
(2) It shall transmit the report to the Central Authority of the State of
origin.
Article 16
(1) If the Central Authority of the State of origin is satisfied that the
child is adoptable, it shall—
(a) prepare a report including information about his or her identity,
adoptability, background, social environment, family history, medical history
including that of the child’s family, and any special needs of the child,
(b) give due consideration to the child’s upbringing and to his or
her ethnic, religious and cultural background,
(c) ensure that consents have been obtained in accordance with Article 4,
and
(d) determine, on the basis in particular of the reports relating to the
child and the prospective adoptive parents, whether the envisaged placement is
in the best interests of the child.
(2) It shall transmit to the Central Authority of the receiving State its
report on the child, proof that the necessary consents have been obtained and
the reasons for its determination on the placement, taking care not to reveal
the identity of the mother and the father if, in the State of origin, these
identities may not be disclosed.
Article 17
Any decision in the State of origin that a child should be entrusted to
prospective adoptive parents may only be made if—
(a) the Central Authority of that State has ensured that the prospective
adoptive parents agree,
(b) the Central Authority of the receiving State has approved such
decision, where such approval is required by the law of that State or by the
Central Authority of the State of origin,
(c) the Central Authorities of both States have agreed that the adoption
may proceed, and
(d) it has been determined, in accordance with Article 5, that the
prospective adoptive parents are eligible and suited to adopt and that the child
is or will be authorised to enter and reside permanently in the receiving State.
Article 18
The Central Authorities of both States shall take all necessary steps to
obtain permission for the child to leave the State of origin and to enter and
reside permanently in the receiving State.
Article 19
(1) The transfer of the child to the receiving State may only be carried
out if the requirements of Article 17 have been satisfied.
(2) The Central Authorities of both States shall ensure that this transfer
takes place in secure and appropriate circumstances and, if possible, in the
company of the adoptive or prospective adoptive parents.
(3) If the transfer of the child does not take place, the reports referred
to in Articles 15 and 16 are to be sent back to the authorities who forwarded
them.
Article 20
The Central Authorities shall keep each other informed about the adoption
process and the measures taken to complete it, as well as about the progress of
the placement if a probationary period is required.
Article 21
(1) Where the adoption is to take place after the transfer of the child to
the receiving State and it appears to the Central Authority of that State that
the continued placement of the child with the prospective adoptive parents is
not in the child’s best interests, such Central Authority shall take the
measures necessary to protect the child, in particular—
(a) to cause the child to be withdrawn from the prospective adoptive
parents and to arrange temporary care,
(b) in consultation with the Central Authority of the State of origin, to
arrange without delay a new placement of the child with a view to adoption or,
if this is not appropriate, to arrange alternative long-term care, an adoption
shall not take place until the Central Authority of the State of origin has been
duly informed concerning the new prospective adoptive parents,
(c) as a last resort, to arrange the return of the child, if his or her
interests so require.
(2) Having regard in particular to the age and degree of maturity of the
child, he or she shall be consulted and, where appropriate, his or her consent
obtained in relation to measures to be taken under this Article.
Article 22
(1) The functions of a Central Authority under this Chapter may be
performed by public authorities or by bodies accredited under Chapter III, to
the extent permitted by the law of its State.
(2) Any Contracting State may declare to the depositary of the Convention
that the functions of the Central Authority under Articles 15 to 21 may be
performed in that State, to the extent permitted by the law and subject to the
supervision of the competent authorities of that State, also by bodies or person
who—
(a) meet the requirements of integrity, professional competence,
experience and accountability of that State, and
(b) are qualified by their ethical standards and by training or experience
to work in the field of intercountry adoption.
(3) A Contracting State which makes the declaration provided for in
paragraph (2) shall keep the Permanent Bureau of the Hague Conference on Private
International Law informed of the names and addresses of these bodies and
persons.
(4) Any Contracting State may declare to the depositary of the Convention
that adoptions of children habitually resident in its territory may only take
place if the functions of the Central Authorities are performed in accordance
with paragraph (1).
(5) Notwithstanding any declaration made under paragraph (2), the reports
provided for in Articles 15 and 16 shall, in every case, be prepared under the
responsibility of the Central Authority or other authorities or bodies in
accordance with paragraph (1).
CHAPTER V—RECOGNITION AND EFFECTS OF THE
ADOPTION
Article 23
(1) An adoption certified by the competent authority of the State of the
adoption as having been made in accordance with the Convention shall be
recognised by operation of law in the other Contracting States. The certificate
shall specify when and by whom the agreements under Article 17, sub-paragraph
(c), were given.
(2) Each Contracting State shall, at the time of signature, ratification,
acceptance, approval or accession, notify the depositary of the Convention of
the identity and the functions of the authority or the authorities which, in
that State, are competent to make the certification. It shall also notify the
depositary of any modification in the designation of these authorities.
Article 24
The recognition of an adoption may be refused in a Contracting State only
if the adoption is manifestly contrary to its public policy, taking into account
the best interests of the child.
Article 25
Any Contracting State may declare to the depositary of the Convention that
it will not be bound under this Convention to recognise adoptions made in
accordance with an agreement concluded by application of Article 39, paragraph
(2).
Article 26
(1) The recognition of an adoption includes recognition of—
(a) the legal parent-child relationship between the child and his or her
adoptive parents,
(b) parental responsibility of the adoptive parents for the child,
(c) the termination of a pre-existing legal relationship between the child
and his or her mother and father, if the adoption has this effect in the
Contracting State where it was made.
(2) In the case of an adoption having the effect of terminating a
pre-existing legal parent-child relationship, the child shall enjoy in the
receiving State, and in any other Contracting State where the adoption is
recognised, rights equivalent to those resulting from adoptions having this
effect in each such State.
(3) The preceding paragraphs shall not prejudice the application of any
provision more favourable for the child, in force in the Contracting State which
recognises the adoption.
Article 27
(1) Where an adoption granted in the State of origin does not have the
effect of terminating a pre-existing legal parent-child relationship, it may, in
the receiving State which recognises the adoption under the Convention, be
converted into an adoption having such an effect—
(a) if the law of the receiving State so permits, and
(b) if the consent referred to in Article 4, sub-paragraphs (c) and (d)
have been or are given for the purpose of such an adoption.
(2) Article 23 applies to the decision converting the adoption.
CHAPTER VI - GENERAL PROVISIONS
Article 28
The Convention does not affect any law of a State of origin which requires
that the adoption of a child habitually resident within that State take place in
that State or which prohibits the child’s placement in, or transfer to,
the receiving State prior to adoption.
Article 29
There shall be no contact between the prospective adoptive parents and the
child’s parents or any other person who has care of the child until the
requirements of Article 4, sub-paragraphs (a) to (c), and Article 5,
sub-paragraph (a), have been met, unless the adoption takes place within a
family or unless the contact is in compliance with the conditions established by
the competent authority of the State of origin.
Article 30
(1) The competent Authorities of a Contracting State shall ensure that
information held by them concerning the child’s origin, in particular
information concerning the identity of his or her parents, as well as the
medical history, is preserved.
(2) They shall ensure that the child or his or her representative has
access to such information, under appropriate guidance, in so far as is
permitted by the law of that State.
Article 31
Without prejudice to Article 30, personal data gathered or transmitted
under the Convention, especially data referred to in Articles 15 and 16, shall
be used only for the purposes for which they were gathered or transmitted.
Article 32
(1) No one shall derive improper financial or other gain from an activity
related to an intercountry adoption.
(2) Only costs and expenses, including reasonable professional fees of
person involved in the adoption, may be charged or paid.
(3) The directors, administrators and employees of bodies involved in an
adoption shall not receive remuneration which is unreasonably high in relation
to services rendered.
Article 33
A competent authority which finds that any provision of the Convention has
not been respected or that there is a serious risk that it may not be respected,
shall immediately inform the Central Authority of its State. This Central
Authority shall be responsible for ensuring that appropriate measures are taken.
Article 34
If the competent authority of the State of destination of a document so
requests, a translation certified as being in conformity with the original must
be furnished. Unless otherwise provided, the costs of such translation are to be
borne by the prospective adoptive parents.
Article 35
The competent authorities of the Contracting States shall act expeditiously
in the process of adoption.
Article 36
In relation to a State which has two or more systems of law with regard to
adoption applicable in different territorial units—
(a) any reference to habitual residence in that State shall be construed
as referring to habitual residence in a territorial unit of that State,
(b) any reference to the law of that State shall be construed as referring
to the law in force in the relevant territorial unit,
(c) any reference to the competent authorities or to the public
authorities of that State shall be construed as referring to those authorised to
act in the relevant territorial unit,
(d) any reference to the accredited bodies of that State shall be
construed as referring to bodies accredited in the relevant territorial unit.
Article 37
In relation to a State which with regard to adoption has two or more
systems of law applicable to different categories of persons, any reference to
the law of that State shall be construed as referring to the legal system
specified by the law of that State.
Article 38
A State within which different territorial units have their own rules of
law in respect of adoption shall not be bound to apply the Convention where a
State with a unified system of law would not be bound to do so.
Article 39
(1) The Convention does not affect any international instrument to which
Contracting States are Parties and which contains provisions on matters governed
by the Convention, unless a contrary declaration is made by the States Parties
to such instrument.
(2) Any Contracting State may enter into agreements with one or more other
Contracting States, with a view to improving the application of the Convention
in their mutual relations. These agreements may derogate only from the
provisions of Articles 14 to 16 and 18 to 21. The States which have concluded
such an agreement shall transmit a copy to the depositary of the Convention.
Article 40
No reservation to the Convention shall be permitted.
Article 41
The Convention shall apply in every case where an application pursuant to
Article 14 has been received after the Convention has entered into force in the
receiving State and the State of origin.
Article 42
The Secretary General of the Hague Conference on Private International Law
shall at regular intervals convene a Special Commission in order to review the
practical operation of the Convention.
CHAPTER VII - FINAL CLAUSES
Article 43
(1) The Convention shall be open for signature by the States which were
Members of the Hague Conference on Private International Law at the time of its
Seventeenth Session and by the other States which participated in that Session.
(2) It shall be ratified, accepted or approved and the instruments of
ratification, acceptance or approval shall be deposited with the Ministry of
Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Article 44
(1) Any other State may accede to the Convention after it has entered into
force in accordance with Article 46, paragraph (1).
(2) The instrument of accession shall be deposited with the depositary.
(3) Such accession shall have effect only as regards the relations between
the acceding State and those Contracting States which have not raised an
objection to its accession in the six months after the receipt of the
notification referred to in sub-paragraph (b) of Article 48. Such an
objection may also be raised by States at the time when they ratify, accept or
approve the Convention after an accession. Any such objection shall be notified
to the depositary.
Article 45
(1) If a State has two or more territorial units in which different
systems of law are applicable in relation to matters dealt with in the
Convention, it may at the time of signature, ratification, acceptance, approval
or accession declare that this Convention shall extend to all its territorial
units or only to one or more of them and may modify this declaration by
submitting another declaration at any time.
(2) Any such declaration shall be notified to the depositary and shall
state expressly the territorial units to which the Convention applies.
(3) If a State makes no declaration under this Article, the Convention is
to extend to all territorial units of that State.
Article 46
(1) The Convention shall enter into force on the first day of the month
following the expiration of three months after the deposit of the third
instrument of ratification, acceptance or approval referred to in Article 43.
(2) Thereafter the Convention shall enter into force—
(a) for each State ratifying, accepting or approving it subsequently, or
acceding to it, on the first day of the month following the expiration of three
months after the deposit of its instrument of ratification, acceptance, approval
or accession,
(b) for a territorial unit to which the Convention has been extended in
conformity with Article 45, on the first day of the month following the
expiration of three months after the notification referred to in that Article.
Article 47
(1) A State Party to the Convention may denounce it by a notification in
writing addressed to the depositary.
(2) The denunciation takes effect on the first day of the month following
the expirations of twelve months after the notification is received by the
depositary. Where a longer period for the denunciation to take effect is
specified in the notification, the denunciation takes effect upon the expiration
of such longer period after the notification is received by the depositary.
Article 48
The depositary shall notify the States Members of the Hague Conference on
Private International Law, the other States which participated in the
Seventeenth Session and the States which have acceded in accordance with Article
44, of the following—
(a) the signatures, ratifications, acceptances and approvals referred to
in Article 43,
(b) the accessions and objections raised to accessions referred to in
Article 44,
(c) the date on which the Convention enters into force in accordance with
Article 46,
(d) the declarations and designations referred to in Articles 22, 23, 25
and 45,
(e) the agreements referred to in Article 39,
(f) the denunciations referred to in Article 47.
In whereof the undersigned, being duly authorised thereto, have signed this
Convention.
Done at The Hague, on the twenty-ninth day of May 1993, in the English and
French languages, both texts being equally authentic, in a single copy which
shall be deposited in the archives of the Government of the Kingdom of the
Netherlands, and of which a certified copy shall be sent, through diplomatic
channels, to each of the States Members of the Hague Conference on Private
International Law at the date of its Seventeenth Session and to each of the
other States which participated in that Session.
insert
• parent
57 Dictionary,
definition of Aboriginal child
omit
58 Dictionary,
new definition of Aboriginal or Torres Strait Islander child
or young person
insert
Aboriginal or Torres Strait Islander child or young
person means a child or young person at least 1 of whose parents is a
person who—
(a) is descended from an Aborigine or Torres Strait Islander;
and
(b) identifies as an Aborigine or Torres Strait Islander; and
(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal
or Torres Strait Islander community.
59 Dictionary,
definition of Aborigine
omit
60 Dictionary,
new definition of adoption compliance certificate
insert
adoption compliance certificate means—
(a) in division 4A.2—a certification (however described) issued in
accordance with the Convention, article 23; or
(b) in division 4A.3—a document issued in accordance with the
Commonwealth Bilateral Arrangements Regulations.
61 Dictionary,
definition of adoption order
substitute
adoption order means an order for the adoption of a person
made under this Act.
62 Dictionary,
new definition of central authority
insert
central authority, for a Convention country, means an entity
designated for the Convention country under the Convention,
article 6.
63 Dictionary,
definition of child
substitute
child, if age rather than descendancy is relevant, means a
person who is under 12 years old.
64 Dictionary,
new definitions
insert
Commonwealth Bilateral Arrangements Regulation means
the Family Law (Bilateral Arrangements—Intercountry Adoption)
Regulations 1998 (Cwlth).
Commonwealth central authority has the same meaning as in the
Family Law (Hague Convention on Intercountry Adoption) Regulations 1998
(Cwlth).
competent authority means—
(a) for a prescribed overseas jurisdiction—an entity in that country
responsible for approving the adoption of children or young people; and
(b) for the ACT—the chief executive.
Convention means the Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption signed at the Hague on 29 May
1993, a copy of the English text of which is set out in schedule 1.
Convention country—see the Family Law (Hague
Convention on Intercountry Adoption) Regulations 1998 (Cwlth), regulation
4.
Note For the purposes of reg 4 Australia is not a Convention
country.
65 Dictionary,
definition of country
substitute
country includes part of a country.
66 Dictionary,
definition of guardian, paragraph (c)
omit
welfare
substitute
wellbeing
67 Dictionary,
new definition of intercountry adoption
insert
intercountry adoption means the adoption—
(a) by a person habitually resident in the ACT of a non-citizen child or
young person from a country outside Australia; or
(b) by a person habitually resident in a country outside Australia of a
child or young person habitually resident in the ACT.
68 Dictionary,
new definitions
insert
non-citizen child or young person has the same meaning as
non-citizen child in the Immigration (Guardianship of Children)
Act 1946 (Cwlth).
prescribed overseas jurisdiction means a jurisdiction
mentioned in the Commonwealth Bilateral Arrangements Regulation, schedule
1.
69 Dictionary,
new definition of register of suitable people
insert
register of suitable people means the register kept under
section 19.
70 Dictionary,
definition of responsible person
substitute
responsible person, in relation to an Aboriginal or Torres
Strait Islander child or young person, means—
(a) a person who, in accordance with the traditions and customs of the
Aboriginal or Torres Strait Island community of which the child or young person
is a member, has responsibility for, or an interest in, the wellbeing of the
child or young person; or
(b) if the child or young person is not in the custody of any person or is
in the custody of a person who is not either a parent of the child or young
person or a member of an Aboriginal or Torres Strait Island community—a
person who, in accordance with the traditions and customs of the Aboriginal or
Torres Strait Island community of which a parent of the child or young person is
or was a member, has responsibility for, or an interest in, the wellbeing of the
child or young person.
71 Dictionary,
new definitions
insert
State central authority, for the ACT, means the authority
mentioned in section 55.
step-parent, of a child or young person, means
a person who—
(a) is not a parent of the child or young person; and
(b) whether married or not, has lived in a domestic partnership for not
less than 3 years with a parent of the child or young person.
young person means—
(a) a person who is 12 years old or older, but not yet an adult;
and
(b) in relation to an application for an adoption order—a person who
is an adult but for whom the application for an adoption order was filed in the
court before the person became an adult.
Note Adult is defined in the Legislation Act, dict, pt
1.
72 Further
amendments, mentions of child
omit
child
substitute
child or young person
in
• section 29
• sections 31 to 33
• section 35
• sections 38 to 42
• section 46
• section 50
• section 52
• section 86
• sections 89 to 91
• section 94 (1)
• sections 95 to 97
• section 99
• section 101
• section 103
• section 107
• section 108
• section 121
• dictionary, definition of guardian
• dictionary, definition of relative
73 Further
amendments, mentions of child’s
omit
child’s
substitute
child’s or young person’s
in
• section 46
• section 103
74 Further
amendments, mentions of children
omit
children
substitute
children or young people
in
• section 38 (4)
• section 81
• section 82
• section 85
• section 88
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 Adoption Regulation
1993
omit
substitute
13 Maintenance of records
For the Act, section 61 (4), all adoption records held by a private
adoption agency must be kept in a lockable, fire-resistant steel
cabinet.
Note Adoption records held by the chief executive must be held in
accordance with the Territory Records Act 2002.
substitute
1
|
Act, 18
|
refuse to approve application under section 18
|
applicant for approval
|
1A
|
Act, 19
|
removal of person’s name from register under section 19
|
person whose name was removed
|
Part
1.2 Children and Young People Act
2008
omit
section 21
substitute
section 39G
Part
1.3 Discrimination Act
1991
[1.5] Section
25A (a), (b) and (c)
substitute
(a) under the Adoption Act 1993, section 18 in relation to the
approval of a person to be registered as suitable for the placement of a child
or young person for adoption; or
(b) under the Adoption Act 1993, section 19 in relation to the
removal of a person’s name from the register of suitable people;
or
(c) under the Adoption Act 1993, section 35A in relation to the
placement of a child or young person before adoption in the care of a person who
is on the register of suitable people.
Part
1.4 Parentage Act
2004
omit
• section 49 (Gifts inter vivos)
substitute
• section 49 (Gifts between living people)
Part
1.5 Testamentary Guardianship Act
1984
substitute
(2) Nothing in this Act is to be taken to affect the operation of the
following sections of the Adoption Act 1993:
• section 8 (Rules of private international law not to
apply)
• section 43 (General effect)
• section 53 (Recognition of Australian adoptions)
• section 57L (Recognition of adoption order made outside
Australia).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
[Index]
[Search]
[Download]
[Related Items]
[Help]