Part 5Part 5 Reunion and Information Register
(cf AI Act s 30)
In this Part:register means the Reunion and Information Register established under this Part.
166 Reunion and Information Register
(cf AI Act s 31)
(1) The Director-General is to establish and maintain a Reunion and Information Register.(2) There is to be entered in the register the name of every person who is eligible to have his or her name entered in the register and who:(a) has duly applied for entry of his or her name with a view to a reunion with a person from whom he or she has been separated as a consequence of an adoption, and(b) has duly applied for entry of his or her name with a view to leaving a message for a person concerned in or affected by an adoption, and(c) has duly applied for entry of his or her name with a view to obtaining information about the health and welfare of a person from whom he or she has been separated as a consequence of an adoption.(3) Application for entry in the register is to be made in a form approved by the Director-General.
167 Persons eligible to have their names entered in the register
(cf AI Act s 32)
(1) The following persons are eligible to have their names entered in the register:(a) an adopted person,(b) a birth parent,(c) an adoptive parent,(d) any other person having an interest in an adopted person or birth parent (including a relative) who, in the opinion of the Director-General, ought to have his or her name entered in the register.(2) A person who is less than 18 years of age is not eligible to have his or her name entered in the register, except as provided by this section.(3) An adopted person who is less than 18 years of age is eligible to have his or her name entered in the register if:(a) the adopted person is 12 or more years of age and the person’s adoptive parents have consented in writing to his or her name being entered in the register, or(b) the adopted person is 16 or more years of age and is living separately and apart from his or her adoptive parents, or(c) the adopted person is 12 or more years of age and, in the opinion of the Director-General, special circumstances exist which make it desirable that his or her name should be entered in the register.(4) However, the Director-General is not to enter in the register the name of an adopted person who is less than 18 years of age unless the Director-General is of the opinion that to do so will promote the welfare and best interests of the adopted person.(5) The consent of an adoptive parent is not required under subsection (3) (a) for the entry in the register of the name of an adopted person who is less than 18 years of age if the adoptive parent:(a) is dead, or(b) cannot, after due search and inquiry, be found, or(c) is, in the opinion of the Director-General, incapable of giving consent.(6) The name of a person may not be entered in the register by another person on his or her behalf.
(cf AI Act s 31A)
Any person whose name is entered on the register may leave a message for any other person entitled (subject to this Act) to have his or her name entered in the register.
169 Director-General may refuse to enter name or take message
(cf AI Act s 31B)
The Director-General may refuse to enter the name of a person in the register or to accept a message from any person if, in the opinion of the Director-General, the person is not eligible to have the person’s name entered in the register or has not duly applied for entry of his or her name in the register.
170 Circumstances in which Director-General may open, inspect and copy message
(cf AI Act s 31C)
(1) The Director-General may open, inspect and copy any message left under this Part for an adopted person who is less than 18 years of age.(2) The Director-General may, at the request of a person whose name is entered in the register or of the person for whom a message has been left under this Part, open and inspect the message.
171 Director-General may delay delivery of message
(cf AI Act s 31D)
The Director-General may delay giving a person a message that the Director-General has been requested to open and inspect if the Director-General is of the opinion that the content of the message is likely to be so distressing for the person that it should be made available to the person only in the presence of appropriate counsellors or other persons able to assist the person.
(cf AI Act s 31E)
The regulations may make provision for or with respect to the leaving and delivery of messages under this Part.
173 Arrangements for reunion of registered persons
(cf AI Act s 33)
(1) If the names of an adopted person and of a birth parent have been entered in the register under section 166 (2) (a), the Director-General may make arrangements for a reunion between the persons so registered.(2) If the names of an adopted person or birth parent and of a relative or other person having an interest in the adopted person or birth parent have been entered in the register under section 166 (2) (a), the Director-General may make arrangements for a reunion between the persons so registered.(3) The Director-General is not to arrange a reunion involving an adopted person who is less than 18 years of age if an adoptive parent refused to consent to the entry of the name of the adopted person in the register under section 166 (2) (a), unless:(a) the adoptive parent consents in writing to the reunion, or(b) the Director-General gives the adoptive parent not less than 90 days notice of the intention to arrange the reunion.(4) The Director-General must notify any person whose name is entered in the register under section 166 (2) (a) of the entry in the register of the name of any other person from whom that person has been separated as a consequence of adoption.
174 Location of persons not registered
(cf AI Act s 34)
(1) If the name of an adopted person has been entered in the register under section 166 (2) (a), the Director-General may take such action as is reasonable in the circumstances to locate, or authorise an information source to locate, a birth parent or relative of the adopted person or any other person:(a) with whom the adopted person wishes to be reunited, or(b) whom the adopted person wishes to have contacted so that information may be obtained about his or her health and welfare,so as to ascertain whether the person wishes to be reunited with the adopted person or to be so contacted.(2) If the name of a birth parent has been entered in the register under section 166 (2) (a), the Director-General may take such action as is reasonable in the circumstances to locate the adopted person, so as to ascertain whether the adopted person wishes to be reunited with the birth parent or to be contacted so information may be obtained about his or her health and welfare.(3) If the name of a relative or other person having an interest in an adopted person or birth parent has been entered in the register under section 166 (2) (a), the Director-General may take such action as is reasonable in the circumstances to locate the adopted person or birth parent, so as to ascertain whether the adopted person or birth parent wishes to be reunited with the relative or other person or to be contacted so information may be obtained about his or her health and welfare.(4) The Director-General may take action to locate a person under this section only if the Director-General is satisfied that it will promote the welfare and best interests of the parties concerned and it is appropriate to do so.(5) The Director-General may take action to locate a person under this section even though the person has not, by entering his or her name in the register, expressed a desire to be reunited with the person whose name is entered in the register or to be contacted so that information may be obtained about his or her health and welfare.