Adoption Regulation 1993

This regulation is the Adoption Regulation 1993.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Register of suitable people

For the Act, section 18 (1), a request by an applicant for approval to be registered as suitable for the placement of a child or young person for adoption must state the following:

in relation to the applicant—

full name; and

usual place of residence; and

occupation; and

date and place of birth; and

domicile; and

religion (if any); and

state of health; and

financial circumstances;

if the applicant is in a domestic partnership—the length of the partnership;

in relation to each child (if any) of the applicant (whether a birth child or adopted child)—

sex and date of birth; and

the state of health of any living child; and

if any child has died—the date of death;

whether the applicant has ever been refused an adoption order;

whether an adoption order or interim order in the applicant’s favour has been discharged;

whether the applicant’s name is entered on a list of people seeking to adopt a child in another State or Territory;

if paragraph (f) applies—particulars of the entry on the relevant adoption list.

Part 3 Consents

An instrument of consent must be accompanied by the statement mentioned in section 6 (b).

A person must not sign an instrument of consent unless the person—

received a copy of the form of consent no later than 14 days before the date when the consent is signed; and

has signed a statement to the effect that he or she is the parent or guardian of the child or young person; and

has shown the statement to the primary witness to the signing of the instrument.

Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

For the Act, section 30, an instrument of consent must be signed in the presence of, and must be attested by, a primary witness and a secondary witness.

A primary witness must be—

for an instrument signed in Australia—

a commissioner for declarations under the Statutory Declarations Act 1959 (Cwlth); or

a justice of the peace; or

a lawyer (other than a lawyer acting for the applicants); or

a social worker approved by the director‑general; or

for an instrument signed in a foreign country—

an Australian diplomatic officer, or an Australian consular officer, within the meaning of the Consular Fees Act 1955 (Cwlth); or

a judge of a court of that country; or

a magistrate or justice of the peace of or for that country; or

a notary public.

A secondary witness must be—

for an instrument signed in Australia—a prescribed person under the Statutory Declarations Act 1959 (Cwlth), section 4; or

for an instrument signed in a foreign country—a person referred to in subsection (2) (b).

The primary witness to the signing of an instrument of consent must not attest to that signing unless the primary witness—

has informed the person signing the instrument about the legal implications of adoption and the legal consequences of signing the instrument; and

is satisfied that the person understands those consequences and implications.

The secondary witness to the signing of an instrument of consent must not attest to that signing unless the secondary witness is satisfied that—

the primary witness has adequately exercised his or her functions under section 8 (a); and

the person signing the instrument of consent understands the legal implications of adoption and the legal consequences of signing the instrument.

Part 5 Adoption records

For the Act, section 61 (2) (b), the prescribed particulars are as follows:

in relation to the adopted child or young person—

full name before the adoption;

sex;

date of birth;

place of birth;

father’s full name;

mother’s full name;

full name of any other parent;

mother’s maiden name (if applicable);

mother’s name at date of birth of the child or young person;

full name following adoption;

in relation to each adoptive parent—

full name;

place of residence;

occupation;

date of birth;

place of birth;

domicile;

religion (if any);

if married or in a civil union—date and place of marriage or civil union;

if not married or in a civil union—whether in another domestic partnership or single;

in relation to each child (if any) of each adoptive parent (whether a birth child or adopted child)—

sex;

date of birth;

state of health of each living child;

if a child has died—date of death;

in relation to each birth parent—

full name;

date of birth;

date when consent is signed;

whether consent is general or limited;

details of any express wishes contained in the consent;

in relation to the primary witness and secondary witness to the signing of the instrument of consent—

full name;

capacity in which the instrument is witnessed;

in relation to the person who provides the report to the court under the Act, section 39D (1)—

full name;

qualifications;

relevant experience;

business address.

This section applies if a private adoption agency—

ceases to exist; or

has its approval revoked under the Act, section 85 (Revocation or suspension of approval).

Note The director‑general may revoke an agency’s approval if—

 the agency asks; or

 the agency is no longer suitable to conduct negotiations and make arrangements about the adoption of children or young people; or

 the agency has contravened a provision of the Act, pt 6 or a regulation.

The person who was the last principal officer of the agency commits an offence if the person does not give the director‑general all adoption records kept by the agency.

Maximum penalty: 5 penalty units.

An offence against this section is a strict liability offence.