New South Wales Consolidated Regulations
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ADOPTION REGULATION 2015
- Made under the Adoption Act 2000
- As at 28 July 2023
- Reg 490 of 2015
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Name of Regulation
2. Commencement
3. Definitions
4. Notes
PART 2 - (Repealed)
None
PART 3 - SELECTION OF PROSPECTIVE ADOPTIVE PARENTS OTHER THAN STEP PARENTS, RELATIVES OR AUTHORISED CARERS OF A CHILD IN OUT-OF-HOME CARE
36. Application of Part
37. Form of expression of interest
38. Information to be provided to persons submitting expressions of interest
39. Adoptive parent education and training
40. Form of application to adopt
41. Power to require information
42. Documents to accompany application to adopt
43. Action to be taken by relevant decision-maker after receipt of application to adopt
44. Suitability checks
45. Criteria for assessment of applicants
46. Assessment of applicants for adoption
47. Notification of assessment of applicants for adoption
48. Duration of approval
49. Approvals subject to conditions
50. Revocation of approval
PART 4 - SELECTION OF AUTHORISED CARERS AS ADOPTIVE PARENTS OF A CHILD IN THEIR CARE
51. Application of Part
52. Submission of application to adopt
53. Information to be provided to authorised carers submitting applications to adopt
54. Adoptive parent education and training
55. Documents to accompany application to adopt
56. Action to be taken by relevant decision-maker after receipt of application to adopt
57. Power to require information
58. Suitability checks
59. Criteria for assessment of authorised carers who are applicants for adoption
60. Assessment of applicants for adoption
61. Notification of assessment of authorised carers who are applicants for adoption
62. Duration of approval
63. Approvals subject to conditions
64. Revocation of approval
PART 5 - PLACEMENT FOR ADOPTION AND ADOPTION PROCEEDINGS
Division 1 - Adoption register
65. Adoption register
66. Removal of names from adoption register
67. Effect of having name on register
Division 2 - Placement for adoption
68. Certain reports required before placement of child
69. Selection of applicants for adoption order
70. Entitlement of approved person to adopt child
71. Placement of child for adoption in conformity with religious upbringing intentions
72. Placement of child for adoption in conformity with wishes as to cultural heritage, identity or ties
73. Placement where compliance with expressed wishes of parent or guardian impracticable
74. Confidentiality of adoption proceedings
Division 3 - Adoption plans
75. Contents of adoption plan
76. Review of adoption plan
Division 4 - Consent to adoption
77. Counsellors
78. Register of counsellors
79. Mandatory written information
80. Form of consent
81. Persons who may witness consents
82. Witnessing a consent
83. Notice of signing of general consent
84. No fees payable to witness to consent
85. Period in which person giving consent must be counselled
86. Consent to adoption of Aboriginal child or Torres Strait Islander child
Division 5 - Records of adoptions
87. Required information about adoption orders and discharge orders
88. Form of records
Division 6 - Miscellaneous
89. Preliminary hearings
90. Notice of application for adoption order
PART 6 - PRESCRIBED ADOPTION INFORMATION
Division 1 - General
91. Definitions
Division 2 - Prescribed information for adoptions after 1 January 2010
Note
92. Application of Division
93. Entitlement of adopted person--information prescribed under section 133C
94. Entitlement of adoptive parent--information prescribed under section 133D
95. Entitlement of birth parent--information prescribed under section 133E
96. Supply of other information to birth parent--information prescribed under section 133F
97. Entitlement of non-adopted sibling--information prescribed under section 133G
Division 3 - Prescribed information for adoptions before 1 January 2010
Note
98. Application of Division
99. Entitlement of adopted person--information prescribed under section 134
100. Entitlement of adoptive parent--information prescribed under section 135
101. Entitlement of birth parent to information prescribed under section 136
Division 4 - Other prescribed information
102. Information prescribed under section 137 relating to deceased birth parent
103. Information prescribed under section 137 relating to deceased adopted person
104. Additional prescribed information
Division 5 - Guidelines for supplying adoption information
105. General guidelines under section 142 for release of birth certificate and prescribed information
106. Guidelines for exercise of discretion to issue authority to supply adoption information under sections 133E and 133G
107. Guidelines for exercise of discretion to supply adoption information under sections 136A and 140 (1)
108. Guidelines for exercise of discretion to withhold supply of adoption information or supply subject to conditions under section 136A
109. Guidelines for exercise of discretion to supply adoption information under section 140 (3)
110. Guidelines under section 142 for the release of prescribed information relating to putative birth fathers
Division 6 - Miscellaneous
111. Information as to last known name and address
112. Messages
PART 7 - SUPPLY OF ADOPTION INFORMATION
Division 1 - Information sources
113. Information sources and designated persons
114. Supply of birth certificate or prescribed information
115. Exchange of information between information sources
Division 2 - Contact vetoes
116. Secretary to endorse details of contact veto on authority to supply adoption information
117. Access to information about a contact veto
118. Guidelines under section 161 for request to confirm, cancel or vary contact veto
Division 3 - Reunion and Information Register
119. Definition
120. Information to be updated
121. Leaving and delivery of messages
122. Documents left before 1 September 1996
123. Offence
Division 4 - Advance notice
124. Advance notice period
PART 8 - MISCELLANEOUS
125. Reviewable decisions
126. Case records
127. Restrictions on inspection of documents
128. When acts of Children's Guardian take effect
129. Fees and charges
130. Expenditure relating to intercountry adoptions
131. Provision of financial and other assistance to certain children
132. Proceedings for offences
132A. Research organisations
133. Savings
Schedule 1 (Repealed)
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