Adoption Regulations 2016

Adoption Regulations 2016

13 December 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Adoption Act 1988.

These regulations may be cited as the Adoption Regulations 2016.

These regulations take effect on 27 December 2016.

In these regulations, unless the contrary intention appears – accepted applicant means a person named in a suitability application that is accepted by the Secretary or principal officer under regulation 15(1);Act means the Adoption Act 1988; assessment report means an assessment report on an accepted applicant prepared under regulation 17; district registrar means a person appointed or authorised as a district registrar under section 16A of the Magistrates Court Act 1987; prospective adoptive parent means an accepted applicant approved by the Secretary or a principal officer as a prospective adoptive parent under regulation 19(1)(a); register of accepted applicants means the register of the names of accepted applicants kept by the Secretary or a principal officer under regulation 16; report writer has the meaning given by regulation 17; suitability application means an application for assessment of the suitability of a person to adopt a child made under regulation 13 or 14.

In these regulations, a reference to a form by number is a reference to the form of that number in Schedule 1.

For the purpose of section 10(3)(a) of the Act, the prescribed information relating to a welfare organization to be included in an application for approval as an approved agency is as follows:

the proposed operating name of the proposed approved agency, which must include the words "Adoption Agency";

the proposed operating address and telephone number of the principal office and any other office or premises in Tasmania of the proposed approved agency;

the full name, residential address, telephone number, qualifications and experience in adoption matters of the person nominated to be the principal officer of the proposed approved agency;

the proposed extent of employment of the principal officer by the proposed approved agency, including whether full-time employment or the expected number of hours each week;

the full name, residential address, telephone number, qualifications and experience in adoption matters of the person who is to be authorized to act for the principal officer during his or her absence;

the names, qualifications and experience in adoption matters of any other person proposed to be employed by the proposed approved agency for the purposes of – the assessment of parties to adoption; and the placement of a child in the care of persons with a view to those persons adopting the child; and the counselling of parties to adoption;

particulars of any special facilities to be operated by, or available to, the proposed approved agency;

particulars of any medical, psychiatric, psychological or other consultative services available to the proposed approved agency;

the estimated number of adoptions expected to be arranged by the proposed approved agency annually;

particulars of any constitutional documents, rules and other documents of a similar nature of the proposed approved agency.

If any of the prescribed information referred to in regulation 4 changes in a material particular, the relevant welfare organization must forward to the Secretary written particulars of the change within 14 days after that change. Fine not exceeding 20 penalty units.

An approved agency that changes the address of its principal office in Tasmania must cause notice of the change and the new address to be published in 3 newspapers circulating generally throughout Tasmania. Fine not exceeding 20 penalty units.

Subject to subregulation (2), a principal officer must be a person who – is resident in Tasmania; and is employed full-time or substantially full-time; and has a tertiary degree or its equivalent in social work, psychology, counselling or another relevant field; and in the opinion of the Secretary, has training and experience in adoption administration and practice, or the ability to acquire that training and experience, to enable that person to satisfactorily carry out the duties of a principal officer.

The Secretary, in writing, may authorize an approved agency to appoint a principal officer on a part-time basis for a period specified by the Secretary if the Secretary is satisfied that the approved agency will be able to function effectively during that period.

An approved agency must employ, in addition to the principal officer, at least one person who has – not less than 2 years' experience in adoption practice; or a tertiary degree or its equivalent in social work, psychology, counselling or other relevant field.

A person employed by an approved agency for the purposes referred to in regulation 4(f), who is not a person referred to in subregulation (1) or (3), is to have – not less than 2 years' experience in adoption practice; or a tertiary degree or its equivalent in social work, psychology, counselling or other relevant field.

If the Secretary is of the opinion that an approved agency has insufficient staff with the qualifications specified in subregulations (3) and (4) – the Secretary must notify the principal officer of the approved agency of that opinion; and the principal officer must take all reasonable steps to ensure that the approved agency employs sufficient staff who have those qualifications.

An approved agency must provide services, including counselling where appropriate, and facilities for the following:

persons who request the approved agency to make arrangements for the adoption of a child;

the taking and witnessing of consents to the adoption of a child;

the counselling, before and after adoption, of parties to the adoption of a child;

the assessment of a person's suitability for adopting a child;

the selection of persons to have a child placed in their care with a view to adopting the child;

arranging care of a child before that child is placed for adoption;

the regular supervision of the care of a child until an adoption order is made in respect of the child;

the presentation of applications for adoption orders to court and securing adoption orders;

ensuring that all services relating to adoptions are confidential;

ensuring the separate and secure storage of all records relating to adoptions.

Fine not exceeding 20 penalty units.

For the purposes of section 16(2) of the Act, a principal officer must keep records relating to – the adoption of a child; and any arrangements and negotiations by the approved agency for the placement of a child in the care of a prospective adoptive parent; and all payments made to, or by, the approved agency with respect to the adoption of a child and the placement of a child in the care of a prospective adoptive parent, the purpose of those payments and the details of any reimbursement of those payments to the approved agency. Fine not exceeding 20 penalty units.

A principal officer may at any time deliver to the Secretary records relating to a matter referred to under subregulation (1).

An approved agency must not cause or permit the record of a child that it has placed for adoption to be lost or destroyed. Fine not exceeding 20 penalty units.

The Secretary, or an officer of the Department authorized in writing by the Secretary for the purpose, may request a principal officer in writing to – produce to, and make available for inspection by, the Secretary or the authorized officer records kept by the principal officer under regulation 8; and supply any information that the Secretary or the authorized officer may require relating to any arrangements and negotiations by the principal officer for the placement of children in the care of prospective adoptive parents.

A principal officer must comply with a request under subregulation (1) within 14 days after receipt of that request. Fine not exceeding 20 penalty units.

A principal officer must prepare, in respect of the periods January to June and July to December in each year, a return in respect of the approved agency specifying – the number of children who were placed in the care of prospective adoptive parents; and the number of children who were the subject of adoption orders or interim orders. Fine not exceeding 20 penalty units.

A return under subregulation (1) must be forwarded to the Secretary within 30 days after the expiration of the period to which it relates. Fine not exceeding 20 penalty units.

The Secretary must cause notice to be published in the Gazette and 3 newspapers circulating generally in Tasmania specifying the following information:

the granting of an application under section 11 of the Act;

the revocation or suspension of the approval of an approved agency under section 13 of the Act.