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ADOPTION ACT 1994
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Paramount considerations when administering Act etc.
4. Terms used
4A. Presumptions of parentage in Family Court Act 1997, when applicable
5. Crown bound
PART 2 -- Adoption agencies
Division 1 -- Authority to conduct adoption services
6. Adoption services, conduct of by CEO or delegate
7. Adoption services, conduct of by birth parent to facilitate adoption by step-parent
8. Unauthorised adoption services, offences as to
Division 2 -- Private adoption agencies
9. Private adoption agencies, licensing of
10. Regulations as to licensing private adoption agencies
11. Pretending to be etc. private adoption agency, offence
Division 3 -- Adoption applications committee
12. Appointment of committee
13. Functions of committee
14. Membership of committee
15A. CEO may give committee general directions
15. Procedure etc. of committee
PART 3 -- The adoption process
Division 1 -- Preliminary matters
16. Birth parent wanting to have child adopted, CEO’s duties as to
16A. Aboriginal or Torres Strait Islander child, CEO’s duties as to prospective adoption of
Division 2 -- Consent to adoption
17. Persons whose effective consent is required
18. Effective consent, meaning of
20. Prospective adoptive parent, who can be specified as in consent
21. Man who may be prospective adoptee’s father to be notified of consent etc.
22. Revoking consent, time limit for
23. Revoking consent, formalities for
Division 3 -- Court applications as to consents to adoption and notices
24. Consent requirement (s. 17), Court may dispense with
25. Service of notice requirements (s. 21), Court’s powers as to
26. Parenting order application (s. 21), Court’s powers as to
Division 3A -- Court applications for determinations of parentage
26A. Terms used
26B. Application of this Division
26C. Determination of parentage, application for
26D. Application under s. 26C, Court’s powers as to
26E. Parentage testing order, ancillary orders for
26F. Adult contravening parentage testing order, consequences of
26G. Parentage testing order against child, execution and contravention of
26H. Person testing child under parentage testing order, liability of
26I. Report for this Division, receipt of by Court as evidence etc.
26J. Revoking consent after s. 26C application made
Division 4 -- Parental responsibility for prospective adoptees
27. Who has parental responsibility after consent requirements met
28. Who has parental responsibility where consent requirements not met etc.
29. When parental responsibility ceases
30. CEO having parental responsibility, duties of if not possible or desirable to place child for adoption
31. CEO having parental responsibility, powers of as to care of child
32. Person with parental responsibility, duties of
33. CEO with parental responsibility, when may renounce or transfer responsibility
34. Corresponding officer with parental responsibility, when CEO may request transfer etc. of responsibility
35. Removing child from WA without consent, offence
Division 5 -- Court applications as to parental responsibility for children awaiting adoption
36. Parental responsibility etc., Court’s powers as to
Division 6 -- Prospective adoptive parents
37. CEO to inform etc. prospective adoptive parents
38. Applying to be prospective adoptive parent
39. Who can apply under s. 38(1)
40. Assessment report for s. 38(1) applicant, CEO to arrange
41A. CEO may conduct checks of s. 38(1) applicant
41. Assessment report to be given to adoption applications committee etc.
42. Committee may review own decision
43. Committee’s decision, CEO to advise applicant of etc.
44. Register of s. 38(1) applicants etc., CEO’s functions as to
Division 7 -- Placement of prospective adoptees
45. Person consenting to child’s adoption, CEO to seek wishes of etc. as to prospective adoptive parents
46. Adoption plan, negotiation and content of etc.
47. Adoption plan, CEO’s duties as to
48. After adoption plan agreed, CEO to place child
49. Adoption plan not agreed, CEO’s powers in case of
50. Dispute in negotiating adoption plan, Court’s powers as to
51. Medical report on child required before placed for adoption
52. Prerequisites for CEO placing child for adoption
53. Placing child who cannot be placed under s.
54. Child’s welfare etc. during placement, CEO to arrange supervision of
Division 8 -- Adoptions by step-parents, relatives or carers
55A. Placement of child with relative or carer, approval of by CEO
55B. CEO may conduct checks of s. 55A(1) applicant
55C. When application by relative or carer for adoption order can be made
55. Adoption plan required for adoption by step-parent, relative or carer
Division 9 -- Applications for adoption orders
56. When application for adoption order can be made
57. Court may override s.
58. CEO to be notified of intention to apply for adoption order etc.
59. Relatives etc. to be notified of intention to apply for adoption order if birth parent deceased or cannot be found
60. Court may vary or override s. 58(1) or 59(2)
61. Report for Court, CEO to arrange after receipt of s. 58(1) notice
62. Application for adoption order, filing formalities for
63. Intervention by CEO or others in adoption order proceedings
64. Evidence on application for adoption order
Division 10 -- Adoption orders
65. Residential etc. prerequisites to making adoption order
66. Who may be adopted
67. Who may adopt
68. Adoption order for child, preconditions for making etc.
69. Adoption order for adult, preconditions for making etc.
70. Adoption plan, Court may allow added parties to
71. Court’s other powers on adoption applications
72. Adoption plan, Court approval of required; enforcement of
73. Adoption plan, Court may dispense with requirement for
74. Name of adoptee, Court to declare
75. Effect of adoption order
76. Adoption plan, varying
77. Discharge of adoption order
78. Court to notify Registrar of adoption order etc.
Division 11 -- Adoption of a child in Western Australia who is to live in a Convention country
78A. Adoption order for WA resident child by Convention country person, prerequisites for making etc.
78B. Adoption compliance certificate for s. 78A order, issue of for Hague Convention
PART 4 -- Adoptions information
Division 1 -- Adoption information services
79. CEO’s duties as to adoption information services
80. Death of party to adoption etc., CEO to notify certain persons
Division 2 -- Access to adoptions information
81. Terms used and application of Division
82. Access to certain information, application for and grant by CEO of
83. Court may prevent CEO granting access under s. 82(2) etc.
84. Court records of adoption proceedings, who has right of access to
85. Registration of adoptee’s birth, who has right of access to
86. Portion of registration of birth not referring to adoption, Registrar may issue copy of
88. Non-identifying information held by adoption agency, who has right of access to
89. Death of party to adoption, who has right of access to information in case of
90. If adoptee cannot be found, who has right of access to information in case of
Division 3 -- Exchange and preservation of adoptions information
91. Court to give CEO information
92. Registrar to give CEO information
93. Persons conducting etc. adoption services, CEO may direct to give CEO information
94. Records of adoptions etc., preservation of
Division 4 -- Contact vetoes
99. Register of contact vetoes, CEO to maintain
100. Duration of contact vetoes
102. Confirming, cancelling and varying veto
103. Undertaking not to contact person who has lodged contact veto required before access to information granted
Division 5 -- Private contact and mediation licensees
105. Contact and mediation agencies to be licensed
106. Licence to conduct contact and mediation services, grant of
107. Regulations as to contact and mediation agencies
108. Contact and mediation agencies bound by contact veto
Division 6 -- Updating non-identifying information
109. CEO, on request, to attempt to obtain current information
PART 5 -- Review of decisions and appeals
Division 1 -- Review by CEO
110. Review by CEO of certain decisions, application for
111. Nature of review by CEO and evidence
112. CEO’s powers on review
Division 2 -- Review by State Administrative Tribunal
113. Review by SAT of CEO’s decision under s. 112(1)(a) or (b)
PART 6 -- Offences
120. Terms used
121. Territorial application of s. 122 to
122. Making or receiving payment for adoption, adoption service etc.
123. Advertising child for adoption etc.
124. Publishing identity of party to adoption etc.
125. Threat against person to induce consent etc.
126. Harassing etc. party to adoption etc.
127A. False etc. information in application etc.
127B. Party to proposed adoption etc. to notify CEO of certain information etc.
127. Disclosure etc. of information restricted
128. Prosecutions, who can commence and time limit for
129. Evidentiary matters
PART 7 -- Miscellaneous
Division 1 -- Delegation and protection
130. Delegation by CEO
130A. Delegation by State Central Authority
131. Protection from personal liability
132. Distribution of property by trustee etc. without notice of adoption order
Division 2 -- Proceedings
133. Court etc. proceedings to be in private
134. Child, representation of
Division 2A -- State Central Authority
134A. Minister is Central Authority for WA for Hague Convention etc.
134B. Functions of the State Central Authority
Division 3 -- Non-Western Australian adoptions
135. Arrangements with other States and Territories, Minister may make
136. Recognition of other Australian adoptions
136A. Recognition in WA of adoption in Convention country of child resident in that country by Australian resident
136B. Court may terminate relationship of child and parent of certain adopted children
136C. Recognition in WA of adoption of child resident in Convention country by person resident in another such country
136D. Recognition under s. 136A, effect of
136E. Recognition in WA of decision in Convention country to convert adoption under Hague Convention Art.
136F. Court may declare recognition under s. 136A or 136C of no effect in WA
136G. Adoption compliance certificate, evidential value of
136H. Person wishing to adopt child in Convention country, State Central Authority to report on
137. Arrangements with other countries, Minister may make
138. Recognition in WA of foreign country adoptions
138A. Recognition in WA of adoption in overseas jurisdiction of child resident in that jurisdiction by Australian resident
138B. Recognition under s. 138A, effect of
138C. Adoption certificate, evidential value of
138D. Person wishing to adopt child in overseas jurisdiction, CEO may report on
139. Certain children in WA adopted outside Australia, CEO’s powers to supervise welfare etc. of
Division 4 -- Financial assistance and payment for services
140. Financial assistance, CEO’s powers to provide
141. Services provided by CEO, payments for
Division 5 -- Rules and regulations
142. Rules of Court
143. Regulations
Division 6 -- Repeal, transitional and savings, consequential amendments and review
144. Adoption of Children Act 1896 repealed and transitional etc. provisions for (Sch. 3)
145. Adoption Amendment Act 2012, transitional provisions for
146. Review of Act
SCHEDULE 1 -- Effective consent
SCHEDULE 2 -- Rights and responsibilities to be balanced in adoption plans
SCHEDULE 2A -- Aboriginal and Torres Strait Islander children -- placement for adoption principle
SCHEDULE 2B -- The Hague Convention
SCHEDULE 3 -- Transitional and savings
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