Persons who may witness consents
81 Persons who may witness consents
For the purposes of section 62 (3) of the Act, the following classes or descriptions of persons are prescribed as persons who can be witnesses to the signing of an instrument of consent—
if the instrument is signed in New South Wales—
the Secretary,
an independent lawyer,
a principal officer,
a counsellor (not being the counsellor of any person signing the instrument or a person who is not independent of such a counsellor),
if the instrument is signed in another State or Territory—a person authorised by the law of that State or Territory to witness a consent to the adoption of a child,
if the instrument is signed in another place—
an Australian Consular Officer within the meaning of section 26 of the Oaths Act 1900,
a judge of a court or magistrate of that place,
a person authorised by the law of that place to attest to a consent to the adoption of a child.
An instrument of consent to the adoption of a child may not be witnessed by any person referred to in subclause (1) if the person is an officer of the Department or an employee of an accredited adoption service provider or designated agency who is the caseworker for a person adopting the child.
In this clause—
independent lawyer means a barrister or solicitor who is not the legal representative of a person adopting the child concerned, or a partner or employee of such a legal representative.
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