Adoption Regulation 1993

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.

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.

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).

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 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.

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).

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.

An offence against this section is a strict liability offence.