Adoption Act 1993

The director‑general is the guardian of a child or young person for all purposes except section 26 (Consents of parents and guardians) if—

each person required to consent to the adoption of the child or young person under section 26 has consented; or

the requirement for consent has been dispensed with under section 35 (Dispensing with consent).

However, subsection (1) does not apply in relation to a child or young person if—

the application for adoption is made by a step-parent and a parent of the child or young person has a continuing role as a parent; or

the principal officer of a private adoption agency is the guardian of the child or young person for all purposes except section 26 (Consents of parents and guardians) because of subsection (3); or

a declaration under section 38 that the child or young person is under the guardianship of an authority in a State or another Territory is in force; or

the director‑general has long-term care responsibility for the child or young person under the Children and Young People Act 2008.

The principal officer of a private adoption agency is the guardian of a child or young person for all purposes except section 26 (Consents of parents and guardians) if—

each person whose consent to the adoption is required has consented and has, in writing, authorised the private adoption agency to make arrangements with a view to the adoption; and

the principal officer of the private adoption agency has told the director‑general in writing that he or she is willing to assume the guardianship of the child or young person.

A guardianship under subsection (1) or (3) continues until—

an adoption order is made; or

any consent given is revoked; or

the court makes an order relating to the guardianship of the child or young person.