Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. This Act may be cited as the Adoption of Children Act 1965.1
2. This Act shall come into operation on a date to be fixed by the Minister by notice in the Gazette.1
4. The Adoption of Children Ordinance 1938, the Adoption of Children Ordinance 1940 and the Adoption of Children Ordinance 1949 are repealed.
6. (1) In this Act, unless the contrary intention appears—“adoption order” means an order for the adoption of a child under this Act; “charitable organization” means an organization, corporate or unincorporate, formed or carried on primarily or principally for religious, charitable, benevolent or philanthropic purposes, but does not include an organization formed or carried on for the purpose of trading or securing a pecuniary profit to its members; “child” means a person who has not attained the age of eighteen years, or a person who has attained that age in respect of whom an adoption order is sought or has been made; “Director” means the Director of Family Services; “disposition of property” includes the grant or exercise of a power of appointment in respect of property; “father”, in relation to a child who is illegitimate, means the putative father; “general consent” means a consent to the adoption of a child other than the consent referred to in subsection (2) of section 25 of this Act; “guardian”, in relation to a child, includes—
PART II--JURISDICTION
7. Jurisdiction is conferred on the Supreme Court in proceedings instituted in the Court in accordance with this Act.
8. (1) The Court shall not make an order for the adoption of a child unless, at the time of the filing in the Court of the application for the order—
9. The jurisdiction of the Supreme Court to make an adoption order is not dependent on any fact or circumstance not expressly specified in this Act.
PART III--PRIVATE ADOPTION AGENCIES
10. A charitable organization carrying on, or desiring to carry on, the activity of conducting negotiations and making arrangements with a view to the adoption of children may apply in writing to the Minister for approval as a private adoption agency.
11. (1) The Minister may, in his discretion, grant or refuse an application under the last preceding section.
12. (1) Before making an application under section ten of this Act, an organization shall appoint a person resident in the Territory to be its principal officer in the Territory for the purposes of this Act in the event of the granting of the application and, if the application is granted, the private adoption agency shall, within seven days after the occurrence of a vacancy in the office of principal officer, appoint a person resident in the Territory to fill the vacancy and give notice in writing to the Director of the appointment.
13. The Minister may, at any time, by notice in writing served personally or by registered post on the principal officer of a private adoption agency, revoke or suspend the approval of the private adoption agency under this Part—
14. The regulations may prescribe requirements to be observed and facilities to be provided by private adoption agencies, including requirements with respect to the qualifications and experience of persons acting for or on behalf of private adoption agencies.
PART IV--ADOPTIONS UNDER THIS ACT
15. For all purposes of this Part, the welfare and interests of the child concerned shall be regarded as the paramount consideration.
16. (1) Subject to this Act, the Court may, on application, make an order for the adoption of a person who—
17. (1) Except as provided by the next succeeding subsection, an adoption order shall not be made otherwise than in favour of a husband and wife jointly.
18. The Court shall not make an order for the adoption of a child in favour of a person who or persons either of whom—
19. (1) The Court shall not make an order for the adoption of a child unless the Director, or the principal officer of a private adoption agency that has made the arrangements that have resulted in the application, has made a report in writing to the Court concerning the proposed adoption and, after considering the report and any other evidence before the Court, the Court is satisfied that—
20. (1) The Court shall not make an order for the adoption of a child unless the applicants for the adoption order have given not less than fourteen days' notice of the application—
21. Where an application is made to the Court for an order for the adoption of a child, the Court may permit such persons as the Court thinks fit to be joined as parties to the proceedings for the purpose of opposing the application or for the purpose of opposing an application to dispense with the consent of a person.
22. Where the Court refuses an application for an order for the adoption of a child, the Court may make such order for the care and control of the child as it thinks fit.
23. (1) The Director or the Minister may apply to the Court for an order discharging an order for the adoption of a child made under this Act or under the repealed Ordinances, and the Court may make such an order if it is satisfied that—
24. (1) Subject to this Division, the Court shall not make an order for the adoption of a child unless consent (not being a consent that has been revoked in accordance with this Act) to the adoption has been given by the appropriate person or persons ascertained in accordance with the succeeding provisions of this section or the Court is satisfied that there is no such appropriate person.
25. (1) For the purposes of the last preceding section but subject to the next succeeding subsection, every consent to the adoption of a child shall be a consent to the adoption of the child by any person or persons in accordance with the law of the Territory, and shall have effect accordingly in relation to an application for adoption made by any person or persons in accordance with this Act.
26. (1) A consent to the adoption of a child given for the purposes of this Act by a person other than the child may be revoked by notice in writing served on the Registrar of the Supreme Court before—
27. A consent for the purposes of the preceding provisions of this Division shall be evidenced by an instrument of consent substantially in accordance with the prescribed form signed by the person giving the consent and attested as prescribed.
28. For the purposes of an application by a person under this Act for an adoption order in respect of a child, a consent to the adoption of the child given by a person in accordance with the law of a State or of another Territory of the Commonwealth that would be an effective consent under that law if the application had been made in that State or Territory under that law is an effective consent for the purposes of the application under this Act.
29. (1) The Court may refuse to make an adoption order in reliance on a consent given or purporting to have been given by a person (other than the child) if it appears to the Court that—
30. (1) The Court may, by order, dispense with the consent of a person (other than the child) to the adoption of a child where the Court is satisfied that—
31. Subject to this Division, an order for the adoption of a child who has attained the age of twelve years shall not be made unless the child has consented to the adoption or the Court is satisfied that there are special reasons, related to the welfare and interests of the child, why the order should be made notwithstanding that the child has refused to consent to the adoption or his consent has not been sought.
32. (1) Subject to the next succeeding subsection, where, in the case of every person whose consent to the adoption of a child is required under section 24 of this Act—
33. (1) For the purposes of the laws of the Territory, but subject to this Act and to the provisions of any law of the Territory that expressly distinguishes in any way between adopted children and children other than adopted children, upon the making of an adoption order—
34. (1) The provisions of subsection (1) of the last preceding section have effect in relation to dispositions of property, whether by will or otherwise, and whether made before or after the commencement of this Act, except that—
35. (1) Subject to the next succeeding subsection, upon the making of an adoption order, the adopted child shall have as his surname the surname of the adoptive parent or parents and shall have as his forename or forenames such name or names as the Court, in the adoption order, approves on the application of the adoptive parent or parents.
36. (1) Subject to this section, upon the making of an adoption order, the adopted child acquires the domicile of the adoptive parent or parents at the date of the adoption order and the child's domicile thereafter shall be determined as if the child had been born in lawful wedlock to that parent or those parents.
37. (1) Notwithstanding any other provision of this Act, trustees or personal representatives may, subject to this section, convey, transfer or distribute property to or among the persons appearing to be entitled to the property without having ascertained whether or not an adoption has been effected by virtue of which a person is or is not entitled to an interest in the property.
38. (1) Upon an application to the Court for an order for the adoption of a child, the Court may postpone the determination of the application and make an interim order for the custody of the child in favour of the applicants.
39. (1) Subject to this Division, an interim order remains in force for such period, not exceeding one year, as the Court specifies in the order and for such further periods, if any, as the Court may from time to time order.
40. (1) The Court may, at any time, make an order discharging an interim order made under this Division or an interim order made under the repealed Ordinances, and may make such order for the care and custody of the child as it thinks fit.
PART V--RECOGNITION OF ADOPTIONS
41. In this Part, “country” includes a part of a country.
42. For the purposes of the laws of the Territory, the adoption of a person (whether before or after the commencement of this Act) in a State, or in another Territory of the Commonwealth, in accordance with the law of that State or other Territory has, so long as it has not been rescinded under the law in force in that State or other Territory, the same effect as an adoption order made in the Territory under this Act, and has no other effect.
43. (1) For the purposes of the laws of the Territory, the adoption of a person (whether before or after the commencement of this Act) in a country outside the Commonwealth and the Territories of the Commonwealth, being an adoption to which this section applies, has, so long as it has not been rescinded under the law of that country, the same effect as an adoption order under this Act.
44. (1) A person specified in the next succeeding subsection may apply to the Court for an order declaring that an adoption of a person was effected (whether before or after the commencement of this Act) under the law of a country outside the Commonwealth and the Territories of the Commonwealth, and that the adoption is one to which the last preceding section applies, and the Court may hear and determine the application and, if it thinks fit, make an order accordingly.
PART VI--OFFENCES
45. This Part does not apply in respect of acts occurring outside the Territory but, except to the extent to which the contrary intention appears, does apply in respect of acts done in the Territory in relation to the adoption of children in, or children adopted in, a State, another Territory of the Commonwealth, or a country outside the Commonwealth and the Territories of the Commonwealth.
46. (1) A person who was the father or mother or a guardian of a child but has, by reason of an adoption of the child, ceased to be the father or mother or a guardian of the child shall not take, lead, entice or decoy the child away, or detain the child, with intent to deprive the adopters of the child of possession of the child.
47. (1) Subject to this section, a person shall not (whether before or after the birth of the child concerned) make, give or receive, or agree to make, give or receive, a payment or reward for or in consideration of—
48. (1) A person other than the Director, a private adoption agency or a person acting on behalf of the Director or a private adoption agency shall not—
49. (1) Subject to this section, a person shall not publish, or cause to be published, in a newspaper or periodical, or by means of broadcasting, television or public exhibition, any advertisement, news item or other matter indicating (whether or not in relation to a particular child, born or unborn) that—
50. (1) Subject to this section, a person shall not publish, or cause to be published, in a newspaper or periodical, or by means of broadcasting or television, in relation to an application under this Act or under a law of a State or another Territory of the Commonwealth for the adoption of a child or the proceedings on such an application, the name of an applicant, the child, or the father or mother or a guardian of the child, or any matter reasonably likely to enable any of those persons to be identified.
51. A person shall not, whether orally or in writing, wilfully make a false statement for the purposes of or in connexion with a proposed adoption or any other matter under this Act.
52. A person shall not personate or falsely represent himself to be a person whose consent to the adoption of a child is required by this Act or by the law of a State or of another Territory of the Commonwealth.
53. A person shall not present, or cause to be presented, to the Court in connexion with an application for an order for the adoption of a child under this Act a document purporting to be an instrument of consent to the adoption signed by a person whose consent to the adoption is required by this Act if the signature to the document is or was, to the knowledge of that first-mentioned person, forged or obtained by fraud or duress.
54. A person shall not subscribe his name as a witness to the signature of a person to an instrument of consent to the adoption of a child unless—
PART VII--MISCELLANEOUS
56. The Registrar of the Supreme Court shall cause a memorandum, in accordance with the prescribed form, of every adoption order made by the Court under this Act, and a copy of every order for the discharge of such an adoption order, to be sent to the Registrar of Births, Deaths and Marriages, who shall—
57. Where the Court makes an order for the adoption of a child, or an order discharging such an order, and the Registrar of the Supreme Court has reason to believe that the birth of the child is registered in a State or in another Territory of the Commonwealth, the Registrar shall, as soon as practicable, cause a memorandum, in accordance with the prescribed form, of the adoption order, or a copy of the discharging order, as the case may be, certified in writing by him to be a true memorandum or copy, to be sent to such officer of that State or other Territory having functions in relation to the registration of births as is prescribed.
58. Where the Registrar of Births, Deaths and Marriages receives, in relation to a child whose birth is registered in the Territory, a memorandum or copy of an adoption order made (whether by a court or not) under the law in force in a State or in another Territory of the Commonwealth, or of an order discharging such an order, certified in writing to be a true memorandum or copy by a person authorized so to certify under the law of that State or other Territory, he shall—
59. An application to the Court under this Act shall not be heard in open court and persons who are not parties to the proceedings or their counsel, solicitors or representatives shall, except as otherwise permitted by the Court, be excluded during the hearing of such an application.
60. Except as the Court otherwise orders, a report to the Court under section nineteen of this Act shall not be made available to any person, including a party to the proceedings.
61. Except as provided by the regulations, the records of any proceedings under this Act shall not be open to inspection.
62. The Director, or a person appointed for the purpose by the Director, may appear at the hearing of the proceedings on an application for an adoption order, and may address the Court, and call, examine and cross-examine witnesses.
63. In any proceedings in a court of the Territory, the court may receive as evidence of the matters stated in, or appearing from, the document, a document purporting to be either the original or a certified copy or certified extract of an order effecting an adoption (whether in Australia or elsewhere), or an official certificate, entry or record of an adoption (whether effected in Australia or elsewhere).
64. (1) In proceedings under this Act judicial notice shall be taken of the signature of a person who holds or has held, or is acting or has acted in, the office of Director, or the corresponding officer in a State or in another Territory of the Commonwealth, appearing on a document and of the fact that, at the time the document was signed by him, he held, or was acting in, that office.
64A. 64A. The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
64B. 64B. A fee determined under section 64A is payable to the Territory in relation to the relevant matter specified in the notice referred to in that section, being a matter in respect of which the Executive may make regulations.
65. (1) The Executive may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, making provision for or in relation to—
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