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This is a Bill, not an Act. For current law, see the Acts databases.
Serial
38
Adoption of Children Amendment Bill
2006
Ms Lawrie
AN ACT
to amend
legislation relating to the adoption of children
NORTHERN TERRITORY OF AUSTRALIA
ADOPTION OF CHILDREN AMENDMENT ACT 2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY OF
AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
[Assented to [ ] 2006]
[Second reading [ ] 2006]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Adoption of Children Amendment Act 2006.
PART 2 – AMENDMENT OF ADOPTION OF CHILDREN ACT
This Part amends the Adoption of Children Act.
Section 5, at the end –
insert
Note for section 5 –
In relation to the adoption of children, the Court also has jurisdiction under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) for a matter to which a provision of Part 4 of those regulations applies.
(1) Section 54(1)(b), after "whose birth is" –
insert
, or is required by the Regulations to be,
(2) Section 54(3)(a) –
omit
as he or she sees fit
substitute
as prescribed
(3) Section 54(3)(b), after "whose birth is" –
insert
, or is required by the Regulations to be,
(1) Section 55(3)(a) –
omit
as he or she sees fit
substitute
as prescribed
(2) Section 55(3)(b), after "whose birth is" –
insert
, or is required by the Regulations to be,
Part 9, heading –
repeal, substitute
PART 9 – TRANSITIONAL MATTERS FOR ADOPTION OF CHILDREN ACT 1994
After section 90 –
insert
PART 10 – TRANSITIONAL MATTERS FOR ADOPTION OF CHILDREN AMENDMENT ACT 2006
(1) The amendments made to this Act by sections 4 and 5 of the Adoption of Children Amendment Act 2006 have effect in relation to an adoption made before, on or after the commencement of that Act.
(2) Subsection (1) has effect subject to the Regulations.
PART 3 – AMENDMENT OF ADOPTION OF CHILDREN REGULATIONS
This Part amends the Adoption of Children Regulations.
Regulations 8 and 9 –
repeal, substitute
8. Prescribed forms for order for adoption, order discharging order for adoption and certificate issued by Minister
(1) A memorandum referred to in section 54(1) of the Act for an order for adoption must be in accordance with Form 5.
(2) A memorandum referred to in section 54(1) of the Act for
an order discharging an order for adoption must be in accordance
with
Form 5.
(3) A certificate referred to in section 55(2) of the Act must be in accordance with Form 6.
(1) This regulation applies if any of the following (an "adoption document") for a child is received by the Registrar:
(a) a memorandum or certificate referred to in regulation
8(1), (2)
or (3);
(b) a copy of an order made under section 52 of the Act;
(c) a document forwarded to the Registrar under section 54(2) of the Act;
(d) a memorandum or copy of an order referred to in section 57 of the Act.
(2) The Registrar must register the adoption document by entering particulars about the child and parents of the child in the Register of Adoptions –
(a) on the basis of the particulars (including incomplete particulars) in the adoption document and any order to which the document relates; and
(b) as the Registrar considers appropriate in the circumstances.
(3) The following must not be open for public inspection:
(a) the Register of Adoptions;
(b) any of the following received by the Registrar:
(i) an adoption document;
(ii) a copy of an order to which an adoption document relates.
(4) Subject to regulation 10, the Registrar must not issue a copy of, or an extract from, an entry in the Register of Adoptions or a document referred to in subregulation (3)(b), unless –
(a) a court orders the Registrar to do so; or
(b) both of the following apply:
(i) the Minister has, under Part 6 of the Act, provided information associated with the entry or document;
(ii) the copy or extract contains only information that may be provided under that Part; or
(c) both of the following apply:
(i) the Registrar is satisfied that the copy or extract is required for court proceedings;
(ii) the issuing of the copy or extract is approved by the Minister.
(5) The Registrar must ensure the information in the Register of Adoptions may be searched by reference to a name or other identifying information.
(6) In this regulation –
"Registrar" means the Registrar of Births, Deaths and Marriages.
(1) Regulation 10(1) –
omit
who was born in an overseas country
(2) Regulation 10(1)(a), after "date" –
insert
and place
(3) Regulation 10(3)(b) –
only
(4) Regulation 10(3)(b), after "date" –
insert
and place
Regulation 11 –
repeal, substitute
11. Registration of birth of adopted child
(1) This regulation applies only to a child –
(a) who was born in the Territory or an overseas country and in relation to whom –
(i) an order for the adoption of the child under Part 3 of the Act has been made; or
(ii) an order for the discharge of an order referred in subparagraph (i) has been made; or
(b) who was born in an overseas country and in relation to whom all of the following conditions are satisfied:
(i) under Part 4 of the Act, the adoption of the child is taken to have the same effect as an order for adoption made under the Act;
(ii) the birth of the child is not registered under a corresponding law within the meaning of the Births, Deaths and Marriages Registration Act;
(iii) at least one of the adoptive parents of the child is a resident of the Territory and has been residing in the Territory for a continuous period of at least 6 months;
(iv) the child is a resident of the Territory.
(2) If the Registrar registers the adoption of a child and the birth of the child is not registered in the Register of Births, the Registrar must –
(a) register the birth of the child in the Register of Births; and
(b) include in the entry under paragraph (a) a notation stating the birth of the child is registered under this subregulation.
(3) If the Registrar registers the adoption of a child and the birth of the child is registered in the Register of Births, the Registrar must –
(a) re-register the birth of the child in the Register of Births; and
(b) include in the entry under paragraph (a) a notation stating the entry is made under this subregulation; and
(c) include in the previous entry made for the child in the Register a notation stating –
(i) the previous entry is no longer current; and
(ii) the birth of the child is re-registered under this subregulation.
(4) If the Registrar registers the discharge of an order for the adoption of a child and the birth of the child was registered in the Register of Births before the order for the adoption was made, the Registrar must –
(a) subject to any contrary direction in the order for the discharge – revive the entry for the child in the Register that was current immediately before the order for the adoption was made; and
(b) include in the entry referred to in paragraph (a) a notation stating –
(i) the order for the adoption has been discharged; and
(ii) other entries in the Register for the child are no longer current; and
(c) include in each of the other entries referred to
in
subparagraph (b)(ii) a notation stating
–
(i) the order for the adoption has been discharged; and
(ii) the entry is no longer current (to the extent to which such a notation has not been included).
(5) If the Registrar registers the discharge of an order for the adoption of a child and the birth of the child was not registered in the Register of Births before the order for the adoption was made, the Registrar must include in the current entry in the Register for the child a notation stating –
(a) the order for the adoption has been discharged; and
(b) the entry is no longer current.
(6) The Registrar must register or re-register the birth of a child by entering particulars about the child and parents of the child in the Register of Births –
(a) on the basis of the particulars (including incomplete particulars) in the adoption document referred to regulation 9(1) and any order to which the adoption document relates; and
(b) as the Registrar considers appropriate in the circumstances.
(7) Subject to regulation 3(3), a notation referred to
in
subregulation (2), (3), (4) or (5) must be signed
and dated by the Registrar.
(8) The notation must not be included in a copy of, or extract from, an entry in the Register of Births issued by the Registrar.
(9) A registration or re-registration under this regulation has effect as if it were a registration made for section 13 of the Births, Deaths and Marriages Registration Act.
Note for subregulation (9) –
Accordingly, a certificate may be issued by the Registrar in relation to an entry about the child under the Births, Deaths and Marriages Registration Act.
(10) For this regulation –
(a) a reference to the registration of the adoption of a child is a reference to the registration under regulation 9 of a document referred to in regulation 9(1) (other than a document about the discharge of an order for adoption) for the child; and
(b) a reference to the registration of
the discharge of an order for the adoption of a child is a reference to the
registration under
regulation 9 of a document referred
to in regulation 9(1) about the discharge of an order for the adoption of the
child.
(11) In this regulation –
"Registrar" means the Registrar of Births, Deaths and Marriages.
Regulation 15(b), after "obtain the" –
insert
registration or
After regulation 16 –
insert
17. Transitional matters for Adoption of Children Amendment Act 2006
(1) These Regulations as amended by the Adoption of Children Amendment Act 2006 apply to an adoption made before, on or after the commencement of that Act.
(2) However, they apply to a child for whom a registration was made in the Register of Adoptions before the commencement of that Act with the following modifications:
(a) regulation 11(1)(b)(iii) and (iv) are taken to be omitted;
(b) if the last entry for the registration was made on or
after
3 May 1994 – the Registrar is not required
to do anything under regulation 11 for the child unless an application for it is
made to the Registrar;
(c) if the last entry for the registration was made before 3 May 1994 – the Registrar is not required to do anything under regulation 11 for the child unless –
(i) an application for it is made to the Registrar; and
(ii) the Registrar considers it is appropriate in the circumstances.
(3) In this regulation –
"Registrar" means the Registrar of Births, Deaths and Marriages.
Forms 5 and 6 –
omit, substitute
FORM 5
Regulations 8 and 12
NORTHERN TERRITORY OF AUSTRALIA
Sections 54(1)
and 56
Adoption of Children Act
MEMORANDUM OF ORDER
No.
In the Local Court of the
Northern Territory of Australia at
Order
Date of order
Particulars of child
Full name
of child before adoption
Sex of
child
Date and time of
birth
Place of birth
Whether
the child's birth is a multiple birth and if so, the numerical order in which
the child was born
Weight of child at
birth
Birth father's full name at date of
adoption
Birth father's previous
surname(s)
Birth mother's full name at date of
adoption
Birth mother's previous surname(s)
Full name of child after adoption
Particulars of adoptive
parents
Adoptive father
–
full
name
occupation
usual place of
residence
date of birth
place
of birth
age at date of birth of adopted
child
Adoptive mother
–
full name
maiden
family name
occupation
usual
place of residence
date of
birth
place of birth
age at
date of birth of adopted child
if the adoptive mother has had other children – the full name, sex and date of birth of each of them (including adopted children and deceased children) and whether the child arose from a current relationship
Other particulars
Whether or not the child or a birth parent or adoptive parent of the child is of Australian Aboriginal or Torres Strait Islander origin
Whether the adoptive parents of the child are residents of the Territory and have been residing in the Territory for a continuous period of at least 6 months
Whether or not the child is a resident of the Territory
Whether the birth of the child has been registered in the Register of Births of a State or another Territory
Place and date of marriage or traditional Aboriginal marriage of the adoptive parents of the child
Full name, sex and date of birth of each of the other children (including adopted children and deceased children) arising from the relationship between the adoptive parents of the child
Full name, sex and date of birth of each of the other adopted children (including deceased children) of the adoptive parent of the child if the child only has one adoptive parent
Full name, occupation, usual place of residence and relationship (if any) to the child, of the person furnishing the particulars in this form
Full name of the doctor, midwife or health worker responsible for the professional care of the birth mother at the birth, and other persons present at the birth
Dated
REGISTRAR
____________________________
FORM 6
Regulation 8
NORTHERN TERRITORY OF AUSTRALIA
Section 55(2)
Adoption of Children Act
CERTIFICATE OF MINISTER
I, (1), the Minister responsible for the administration of the
Adoption of Children Act, pursuant to section 55(2) of the Act, certify
that the adoption
of (2) (in relation to whom
particulars are included in the Schedule) by (4) of (5) on (6) in (7) is an
adoption to which section 51 of the Act applies.
Dated
MINISTER
____________________________
NOTES
(1) Name of Minister
(2) Full name of child the subject of the
certificate
(3) Date of birth of child
(4) Full name of adoptive parent(s)
of child
(5) Address of adoptive parent(s) of child
(6) Date of
adoption
(7) Country of adoption
____________________________
SCHEDULE
Particulars of child
Full name
of child before adoption
Sex of
child
Date and time of
birth
Place of birth
Whether
the child's birth is a multiple birth and if so, the numerical order in which
the child was born
Weight of child at
birth
Birth father's full name at date of
adoption
Birth father's previous
surname(s)
Birth mother's full name at date of
adoption
Birth mother's previous surname(s)
Full name of child after adoption
Particulars of adoptive
parents
Adoptive father
–
full
name
occupation
usual place of
residence
date of birth
place
of birth
age at date of birth of adopted
child
Adoptive mother
–
full name
maiden
family name
occupation
usual
place of residence
date of
birth
place of birth
age at
date of birth of adopted child
if the adoptive mother has had other children – the full name, sex and date of birth of each of them (including adopted children and deceased children) and whether the child arose from a current relationship
Other particulars
Whether or not the child or a birth parent or adoptive parent of the child is of Australian Aboriginal or Torres Strait Islander origin
Whether the adoptive parents of the child are residents of the Territory and have been residing in the Territory for a continuous period of at least 6 months
Whether or not the child is a resident of the Territory
Whether the birth of the child has been registered in the Register of Births of a State or another Territory
Place and date of marriage or traditional Aboriginal marriage of the adoptive parents of the child
Full name, sex and date of birth of each of the other children (including adopted children and deceased children) arising from the relationship between the adoptive parents of the child
Full name, sex and date of birth of each of the other adopted children (including deceased children) of the adoptive parent of the child if the child only has one adoptive parent
Full name, occupation, usual place of residence and relationship (if any) to the child, of the person furnishing the particulars in this form
Full name of the doctor, midwife or health worker responsible for the professional care of the birth mother at the birth, and other persons present at the birth
____________________________
__________________
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