Adoption Act 2009

An application may be made to the Childrens Court for an order that the chief executive must not give stated information to a stated person (the relevant person) under division 2 or 3.

The application may be made by an adopted person, a birth parent or adoptive parent of an adopted person or the chief executive.

As soon as practicable after filing the application in the court, the applicant must serve a copy of it on the relevant person and, if the applicant is not the chief executive, serve a copy on the chief executive.

A served copy must state where and when the application is to be heard.

The court may dispense with the requirement to serve a copy of the application on the relevant person if the court is satisfied of any of the following matters—

the applicant can not locate the relevant person after making all reasonable enquiries;

there would be an unacceptable risk of harm to the applicant (other than the chief executive) or someone else if the relevant person were made aware of the application;

there are other special circumstances for giving the dispensation.

The court may make the order if satisfied there would be an unacceptable risk of harm to the applicant (other than the chief executive) or someone else if the information were given.

The application may be made and dealt with during proceedings for an adoption order or after an adoption order is made.

While the application is pending, the chief executive may withhold the information from release under division 2 or 3.