36 Fee for application for adoption order or interim order
(1) The fees specified in Schedule 3 must be paid by the applicant concerned for the matters referred to in that Schedule.(2) A private adoption agency is entitled to charge the applicant for an adoption order a fee, determined by the Minister, in consultation with that agency, to cover the administrative, legal or other expenses in connection with the application if the principal officer of the agency:(a) makes or is requested to make an application for an adoption order or interim order, or(b) is involved in the preparation, on behalf of an applicant, of such an application.(3) No legal proceedings are to be initiated or continued by the Director-General or the principal officer to obtain payment of the fee after the adoption order has been made by the Court.(4) The Director-General or the private adoption agency may, having regard to the circumstances of a particular application, remit the fee wholly or in part, or may, at the Director-General’s or its discretion, refund the fee or part of the fee to the applicant.
(1) The Director-General and the principal officer of the private adoption agency is to maintain a case record (including any reports obtained under clause 29) of:(a) each person and that person’s child adopted under arrangements made by the Director-General or the private adoption agency, and(b) each person who has requested the Director-General or the private adoption agency to make arrangements for the adoption of a child by the person.(2) The records are open to inspection only:(a) by the Court, or(b) by an officer of the private adoption agency or any consultant appointed by the private adoption agency, or(c) by the Director-General or any other person authorised in writing to inspect any such record by the Court or by both the Director-General and the principal officer of the private adoption agency.(3) The case records are not to be destroyed.
38 Confidentiality of certain records and memoranda under Act
The records of any proceedings under the Act or a memorandum sent to the Principal Registrar by the Deputy Registrar of the Supreme Court in accordance with sections 61, 62 or 63 of the Act are open to inspection only:(a) by officers of the Court, or(b) by the Director-General, or(c) by the principal officer of a private adoption agency in respect of proceedings in which the private adoption agency was involved, or(d) on the order of the Court or on the order of the Children’s Court in respect of proceedings taken under Part 6 of the Act.
39 Prescribed form of memoranda under Act
The prescribed form of a memorandum referred to in sections 61, 62 and 63 of the Act (other than one in respect of the discharge of an adoption order) is Form 7.
40 Requirements for certain prescribed form
(1) Form 7 is to be printed or typed on one sheet of paper.(2) The sheet of paper is to be of a quality and size approved by the Principal Registrar.(3) The page of Form 7 designated “A” is to be printed on one side of the sheet of paper and the page of Form 7 designated “B” is to be printed on the reverse side of that sheet of paper.(4) The particulars required to be shown on the page on Form 7 designated “B” are to be entered free of errors, alterations, inter-lineations or erasures.
41 Prescribed form of memorandum for discharge of adoption order
The prescribed form of the memorandum in respect of discharge of an adoption order referred to in sections 61, 62 and 63 of the Act is Form 8.
For the purposes of section 68A of the Act, the following classes of children are prescribed:(a) children who, in the opinion of the Director-General, are intellectually disabled,(b) children who, in the opinion of the Director-General, have a substantial physical, emotional or sensory disability,(c) any other children whose circumstances are such that, in the opinion of the Director-General, their best interests would be served by the Director-General entering into an agreement referred to in section 68A of the Act.
(1) The Adoption of Children Regulations are repealed.(2) Any act, matter or thing that, immediately before the repeal of the Adoption of Children Regulations, had effect under those Regulations, continues to have effect under this Regulation.