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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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