Adoption Act 2009

The chief executive must remove a person’s name from the suitable adoptive parents register if—

for a person who was selected for assessment under section 88 from the expression of interest register—the person is not eligible to have the person’s name remain in the expression of interest register under section 76; or

for a person selected for assessment under section 89—

the person is not a person mentioned in section 89(8)(b)(ii) to (v); or

the person was selected for assessment jointly with the person’s spouse and the spouse stops being the person’s spouse; or

the person has a spouse but did not have a spouse when the person was selected for assessment.

Subsection (1) does not apply to a person in whose favour an interim order has been made while the interim order is in force.

The chief executive may remove a person’s name from the suitable adoptive parents register if—

the person gives information to the chief executive for this Act that is false or misleading in a material particular; or

the person does not comply with a notice under section 114 by the due day for the notice; or

the person contravenes section 115.

Before removing a person’s name from the register under this section, the chief executive must give the person a notice (a show cause notice) stating—

that the chief executive proposes to remove the name; and

the reason for the proposed removal; and

that the person may, within a stated time of at least 28 days, give the chief executive a written response to the proposed removal.

The chief executive must consider any response given by the person within the time stated in the show cause notice before deciding whether to remove the person’s name.

If the chief executive decides not to remove the person’s name, the chief executive must give the person notice of the decision.

If the chief executive decides to remove the person’s name, the chief executive must give the person an information notice for the decision.

For subsection (1)(a), a person does not become ineligible to have the person’s name remain in the expression of interest register under section 76 on the ground of being pregnant unless the person is at least 14 weeks pregnant.