Interpretation
4 Interpretation
In this Act, unless the contrary intention appears—
Aboriginal and Torres Strait Islander Child Placement
Principle means the Aboriginal and Torres Strait Islander Child
Placement Principle as set out in the regulations;
adoptive parent, of a child, means a person who has adopted the child in accordance with the provisions of this Act or who is recognised under this Act as having adopted the child;
Australian law means a law of the Commonwealth or of a State or Territory of the Commonwealth;
birth parent, of a child, means—
the woman who gave birth to the child; or
the man who—
acknowledges paternity of the child; or
where paternity has not been acknowledged by anyone or is in dispute—has been found to be the father by a court (whether of this or any other jurisdiction) or has been adjudged to be the father under the
Family Relationships Act 1975 or any corresponding law of another jurisdiction;
Chief Executive means the chief executive of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;
child includes—
a person who is less than 18 years of age; and
a person who is aged 18 years or more in respect of whom an order for adoption under this Act is sought or has been made;
child born outside lawful marriage includes a child born to a lawfully married woman of which her husband is not the father;
the Convention means the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption done at The Hague on 29 May
1993;
Convention country means a country outside
Australia in respect of which the Convention has entered into force, but does not include any country in respect of which Australia has raised an objection in accordance with Article 44 of the Convention;
the Court means the Youth Court of South
Australia;
domestic partner—a person is a domestic partner of another if they are in a qualifying relationship with each other;
Family Law Act 1975 means the
Family Law Act 1975 (Cwth), as amended from time to time;
guardian, of a child who is less than 18 years of age, means a person (other than the Chief Executive) who is the legal guardian of the child or has the legal custody of the child or any other person who stands in loco parentis to the child and has done so for a significant length of time;
party to an adoption—each of the following persons is a party to an adoption:
the adopted person;
the adoptive parents;
the birth parents;
psychologist means a person registered under the
Health Practitioner Regulation National
Law to practise in the psychology profession (other than as a student);
publish means publish by newspaper, radio or television, or on the internet, or by other similar means of communication to the public;
qualifying relationship means the relationship between 2 persons who are living together in a marriage or marriage-like relationship (irrespective of their sex or gender identity);
Registrar means the Registrar of Births, Deaths and Marriages;
relative, of a person, means a grandparent, brother, sister, uncle or aunt of the person, whether the relationship is of the whole blood or half blood or by affinity;
statement of wishes means a written statement given to the Chief Executive by an adopted person, birth parent or adoptive parent in accordance with section 27B setting out the person's wishes in relation to contact by another party to the adoption.
For the purposes of this Act, the Court must be constituted of the
Judge of the Court or a magistrate.
For the purposes of this Act, a reference to an Aboriginal or Torres Strait Islander person or child is to be taken to be a reference to a person or child (as the case may be)—
who is of Aboriginal or Torres Strait Islander descent;
and
who—
identifies as being of Aboriginal or Torres Strait Islander origin;
or
in the case of a young child, is regarded by at least 1 of the child's parents as being of Aboriginal or Torres Strait Islander origin, and is accepted as such by the community with which the person or child associates.
If a man and woman are married according to Aboriginal or Torres
Strait Islander tradition, they will be regarded as husband and wife for the purposes of this Act.
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