Adoption Act 1993

On application, the court may, by order, dispense with the requirement for consent of a person to the adoption of a child or young person if the court is satisfied that—

either—

the person cannot, after reasonable inquiry, be identified or located; or

the person’s identity cannot be established; or

the person is not able to make a fully informed decision in relation to the consent despite receiving adequate and appropriate support to make the decision to the best of their ability; or

it is necessary in the best interests of the child or young person to dispense with the requirement for consent of the person.

Note If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.

On an application for an order under subsection (1), the court may require the director-general to do one or both of the following:

investigate a matter;

make an assessment of the best interests of the child or young person.

Note See s 5 and s 6 for the matters that must be taken into account by a decision-maker in forming a view about the best interests of a child or young person.

The director-general must give the court a written report detailing the conclusion of an investigation or assessment made under subsection (2).

To facilitate the making of arrangements for the adoption of a child or young person, on the application of the director‑general or the principal officer of a private adoption agency, the court may make an order under subsection (1) before an application for an adoption order has been made, and the first order has effect for the purpose of any subsequent application for an adoption order.

On the application of the director‑general or of the person the requirement for whose consent was dispensed with, the court may revoke an order made because of subsection (4) at any time before making an adoption order.

Division 3.4 Placement of child or young person before adoption