Adoption Act 1994

A relative or a carer of a child may apply to the CEO for the approval of the placement of the child with the person with a view to the person adopting the child.

An application under subsection (1) may be made by one person, or by 2 persons jointly.

An application under subsection (1) is to be in a form that is approved by the CEO.

On an application under subsection (1) the CEO may approve the placement of the child if the CEO is satisfied that each applicant —

is an Australian citizen or a permanent resident; and

is 18 or more years of age; and

is of good repute; and

is able to provide care for the child in a way that —

ensures the safety and well being of the child; and

recognises the wishes and views of the child in a manner that is consistent with the age and understanding of the child.

If the child is the subject of a protection order (time limited) or protection order (until 18) under the Children and Community Services Act 2004 the CEO must not approve the placement of the child under this section unless the CEO is satisfied that the child’s adoption would be preferable to the making of a protection order (special guardianship) under the Children and Community Services Act 2004 in respect of the child.