Records of adoptions etc., preservation of
94 Records of adoptions etc., preservation of
Records of proceedings in a court in relation to an adoption or proposed adoption are to be preserved, in so far as is practicable, indefinitely.
Where it is not practicable to keep a record referred to in subsection (1), the record may only be destroyed with the authority of the registrar of the court or other similar officer, after consultation with the CEO.
The CEO, a person (including a hospital or hostel or any other association or body of persons, corporate or unincorporate) that conducts or has conducted adoption services, whether before or after the commencement of this Act, or a person acting on behalf of such a person, who has in his, her or its custody, power or control, any document that records information in relation to an adoption or proposed adoption or the parties to such adoption, is to cause the document to be preserved for not less than 100 years from the day on which the document came into his, her or its custody, power or control.
Penalty: a fine of $10 000 and imprisonment for 12 months.
If a person (other than the CEO) referred to in subsection (3) ceases or has ceased the conduct of adoption services, the person is to cause any document in his, her or its power, custody or control of the nature referred to in subsection (3) to be transferred to the possession of the CEO unless the person satisfies the CEO that provision has been made for access to and safekeeping of the document under this Act.
Penalty: a fine of $10 000 and imprisonment for 12 months.
[Section 94 amended: No. 8 of 2003 s. 50; No. 34 of 2004 Sch. 2 cl. 2(8); No. 15 of 2012 s. 70.]
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