Division 1Division 1 Prescribed information
45 Prescribed information under section 133
For the purposes of the Act, prescribed information is the information (being information in addition to that which persons are entitled to receive, or may in certain circumstances be supplied with, under and subject to the Act) that a person is entitled to receive under this Division.
Subdivision 2 Prescribed information for adoptions after 1 January 2010
Note. Changes to entitlements to adoption information were made by the Adoption Amendment Act 2008 (commencing on 1 January 2010). This Subdivision sets out the entitlements for parties to adoptions that occur on or after that date. For adoptions that occurred before that date, see Subdivision 3. Other Subdivisions contain further provisions relating to entitlements to adoption information for all adoptions.
45A Application of Subdivision
This Subdivision applies in respect of an adoption to which Division 1 of Part 2 of Chapter 8 of the Act applies.
45B Entitlement of adopted person—information prescribed under section 133C
(1) An adopted person is entitled to receive:(a) any non-identifying background information held by an information source about his or her birth parent, sibling, grandparent, aunt or uncle that will give the adopted person knowledge of his or her origins, and(b) any of the following information about the adopted person held by an information source:(i) birth details (including the time of birth and weight and length at birth),(ii) date on which the adopted person was placed with the adoptive parents,(iii) date of the adoption order,(iv) a copy of the adoption order or memorandum of adoption (or both),(v) a copy of the instrument of consent to the adoption and any associated documents relating to the social and medical history of the adopted person provided by a birth parent,(vi) a copy of the request by the consenting birth parent to make arrangements for the adoption,(vii) the reason an adoption decision was made by the birth parents for the adopted person (as stated by the birth parents or recorded by the information source before placement for adoption),(viii) copies of reports of medical examinations of the adopted person carried out before the adoption order was made,(ix) any document certifying particulars of the birth, marriage or death of a birth parent,(x) any message given to the information source for the adopted person if clause 57 is complied with,(xi) any other document, report, photograph or recording relating to the adopted person that contains information about his or her origins.(2) In addition, an adopted person is entitled to receive:(a) any non-identifying background information held by an information source about his or her non-adopted sibling or adopted brother or sister that will give the adopted person knowledge of that person’s life, and(b) any of the following information about his or her non-adopted sibling or adopted brother or sister held by an information source:(i) any document certifying particulars of the birth, marriage or death of a non-adopted sibling or an adopted brother or sister,(ii) any other document, report, photograph or recording relating to a non-adopted sibling or an adopted brother or sister that contains information about that person’s life.(3) An adopted person is also entitled to receive any of the following information held by an information source about his or her adopted brother or sister:(a) the adoptive name of the adopted brother or sister,(b) date and place of birth,(c) date on which the adopted brother or sister was placed with his or her adoptive parents,(d) date of the adoption order,(e) a copy of the adoption order or memorandum of adoption (or both),(f) the following details concerning the adoptive parents of the adopted brother or sister:(i) age,(ii) nationality,(iii) ethnic background,(iv) occupation,(v) hobbies and interests,(vi) religion,(vii) composition of adoptive family (including number of children and their age and sex).(4) Despite subclauses (1)–(3), an adopted person is not entitled to receive information that identifies any other person unless the adopted person is otherwise entitled to receive the information under the Act or an access policy.
45C Entitlement of adoptive parent—information prescribed under section 133D
(1) An adoptive parent of an adopted person is entitled to receive:(a) any non-identifying background information held by an information source about a birth parent, sibling, grandparent, aunt or uncle of the adopted person that will give the adoptive parent knowledge of the adopted person’s origins, and(b) any of the following information about the adopted person held by an information source:(i) birth details (including the time of birth and weight and length at birth),(ii) date on which the adopted person was placed with the adoptive parents,(iii) date of the adoption order,(iv) a copy of the adoption order or memorandum of adoption (or both),(v) the reason an adoption decision was made by the birth parents for the adopted person (as stated by the birth parents or recorded by the information source before placement for adoption),(vi) any message given to the information source for the adopted person or adoptive parents if clause 57 is complied with,(vii) any other document, report, photograph or recording relating to the adopted person that contains information about his or her origins.(2) Despite subclause (1), an adoptive parent is not entitled to receive information that identifies any other person unless the adoptive parent is otherwise entitled to receive the information under the Act or an access policy.
45D Entitlement of birth parent—information prescribed under section 133E
(1) A birth parent of an adopted person is entitled to receive:(a) any non-identifying background information held by an information source about an adopted person or his or her adoptive parents that will give the birth parent knowledge of the adopted child’s life, and(b) any of the following information about the adopted person held by an information source:(i) birth details of the adopted person (including the time of birth and weight and length at birth),(ii) date on which the adopted person was placed with the adoptive parents,(iii) date of the adoption order,(iv) a copy of the adoption order or memorandum of adoption (or both),(v) a copy of the instrument of consent to the adoption and any associated documents relating to the social and medical history of the adopted person provided by a birth parent,(vi) a copy of the request by the consenting birth parent to make arrangements for the adoption,(vii) copies of reports of medical examinations of the adopted person carried out before the adoption order was made,(viii) any document certifying particulars of the marriage or death of the adopted person,(ix) any message given to the information source for the birth parent if clause 57 is complied with,(x) any other document, report, photograph or recording relating to the adopted person’s life.(2) Information relating to the health and welfare of an adopted person after placement for adoption is non-identifying background information for the purposes of subclause (1) only if:(a) the information source holding the information is the Department or an accredited adoption service provider, or(b) the information is information referred to in clause 51 (1).(3) A birth parent is entitled to receive any of the following information if it is held by the Department or accredited adoption service provider:(a) advice of the death of the adopted person,(b) advice that the relationship between the adopted person and the adoptive parents has irretrievably broken down and the adopted person is living separately from the adoptive parents.(4) Despite subclauses (1) and (3), a birth parent is not entitled to receive information that identifies any other person unless the birth parent is otherwise entitled to receive the information under the Act or an access policy.
45E Supply of other information to birth parent—information prescribed under section 133F
For the purposes of section 133F (2) of the Act, the following kinds of information are prescribed as information that a birth parent may request the Director-General or a principal officer to take action to ascertain from the adopted person’s adoptive parents:(a) information relating to the health and welfare of the adopted person,(b) information relating to the educational progress of the adopted person,(c) information relating to the hobbies, sporting and other interests of the adopted person,(d) information relating to the general lifestyle of the adopted person and his or her adoptive parents.
45F Entitlement of non-adopted sibling—information prescribed under section 133G
(1) A non-adopted sibling of an adopted person is entitled to receive:(a) any non-identifying background information held by an information source about an adopted person or his or her adoptive parents and adoptive family that will give the non-adopted sibling knowledge of the adopted person’s life, and(b) any of the following information about the adopted person held by an information source:(i) date on which the adopted person was placed with the adoptive parents,(ii) date of the adoption order,(iii) a copy of the adoption order or memorandum of adoption (or both),(iv) any document certifying particulars of the birth, marriage or death of the adopted person,(v) any message given to the information source for the non-adopted sibling if clause 57 is complied with,(vi) any other document, report, photograph or recording relating to the adopted person’s life.(2) Information relating to the health and welfare of an adopted person after placement for adoption is non-identifying background information for the purposes of subclause (1) only if:(a) the information source holding the information is the Department or an accredited adoption service provider, or(b) the information is information referred to in clause 51 (1).(3) Despite subclause (1), a non-adopted sibling is not entitled to receive information that identifies any other person unless the non-adopted sibling is otherwise entitled to receive the information under the Act or an access policy.
Subdivision 3 Prescribed information for adoptions before 1 January 2010
Note. Changes to entitlements to adoption information were made by the Adoption Amendment Act 2008 (commencing on 1 January 2010). This Subdivision sets out the entitlements for parties to adoptions that occurred before that date. For adoptions that occur on or after that date, see Subdivision 2. Other Subdivisions contain further provisions relating to entitlements to adoption information for all adoptions.
46A Application of Subdivision
This Subdivision does not apply to adoptions to which Subdivision 2 applies.
46 Entitlement of adopted person—information prescribed under section 134
Note. This clause does not cover all information that an adopted person may be able to receive, or be supplied with, under the Act. Several other provisions of this Regulation give further entitlements to, or limit entitlements of, an adopted person to prescribed information. See clauses 51–57. Under section 134 (3) of the Act, an adopted person who is less than 18 years old will generally be entitled to receive prescribed information only with the consent of his or her adoptive parents.(1) An adopted person is entitled to receive:(a) any relevant information that is held by an information source about the physical and intellectual attributes, educational and vocational qualifications, social and cultural background, health and welfare, family and other relationships, religious beliefs, hobbies and interests of a birth parent, sibling, grandparent, aunt or uncle of the adopted person and that will give the adopted person knowledge of his or her origins, and(b) any of the following information held by an information source:(i) date on which the person was placed with adoptive parents,(ii) date of adoption order,(iii) copy of the instrument of consent to the adoption,(iv) copy of the request to make arrangements for the adoption,(v) copy of adoption order or memorandum of adoption (or both),(vi) reason the person was given up for adoption (as stated by the birth parent or recorded by the information source before placement for adoption),(vii) copies of medical reports of examinations of the adopted person made before the date of the adoption order,(viii) a document certifying particulars of the birth of a birth parent,(ix) a document certifying particulars of the marriage of a birth parent,(x) a document certifying particulars of the death of a birth parent,(xi) messages given to the information source by a birth parent for the adopted person if clause 57 is complied with,(xii) any other document, report, photograph or recording relating to the adopted person that contains information about his or her origins.(2) An adopted person is entitled to receive the following information held by an information source relating to an adopted brother or sister of the adopted person who is 18 or more years old:(a) adoptive name,(b) date of birth,(c) place of birth,(d) date of placement for adoption,(e) date of adoption order,(f) copy of adoption order or memorandum of adoption (or both),(g) a document certifying particulars of the marriage of the adopted brother or sister,(h) a document certifying particulars of the death of the adopted brother or sister,(i) the following details concerning adoptive parents:(i) age,(ii) nationality,(iii) ethnic background,(iv) occupation,(v) hobbies and interests,(vi) religion,(vii) composition of adoptive family (including number of children and their age and sex).(3) Despite subclause (1), an adopted person is not entitled to receive:(a) information about a birth parent, sibling, grandparent, aunt or uncle that identifies any other person if the information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 unless the information is information that the adopted person is otherwise entitled to receive under the Adoption Act 2000 or an access policy, or(b) information consisting of the family name of a birth parent, sibling, grandparent, aunt or uncle unless that information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 that the adopted person is otherwise entitled to receive under the Adoption Act 2000 or an access policy.Note. Subclause (3) (a) prevents the supply of information about persons such as marriage celebrants or witnesses involved in events that are required to be registered under the Births, Deaths and Marriages Registration Act 1995.
47 Entitlement of adoptive parent—information prescribed under section 135
Note. This clause does not cover all information that an adoptive parent may be able to receive, or be supplied with, under the Act. Several other provisions of this Regulation give further entitlements to, or limit entitlements of, an adoptive parent to prescribed information. See clauses 51–57.(1) An adoptive parent of an adopted person who is less than 18 years old is entitled to receive:(a) any relevant information that is held by an information source about the physical and intellectual attributes, educational and vocational qualifications, social and cultural background, health and welfare, family and other relationships, religious beliefs, hobbies and interests of a birth parent, sibling, grandparent, aunt or uncle of the adopted person and that will give the adoptive parent knowledge of the adopted person’s origins, and(b) any of the following information held by an information source:(i) date of placement for adoption,(ii) date of adoption order,(iii) reason the person was given up for adoption (as stated by the birth parent or recorded by the information source before placement for adoption),(iv) messages given to the information source by a birth parent for the adopted person or for the adoptive parent if clause 57 is complied with.(2) Despite subclause (1), an adoptive parent is not entitled to receive information consisting of the family name of a birth parent, sibling, grandparent, aunt or uncle unless that information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 that the adoptive parent is otherwise entitled to receive under the Adoption Act 2000 or an access policy.
48 Entitlement of birth parent to information prescribed under section 136
Note. This clause does not cover all information that a birth parent may be able to receive, or be supplied with, under the Act. Several other provisions of this Regulation give further entitlements to, or limit entitlements of, a birth parent to prescribed information. See clauses 51–57.(1) Information about adult adopted person
A birth parent of an adopted person who is 18 or more years old is entitled to receive:(a) any relevant information that is held by an information source about the physical and intellectual attributes, educational and vocational qualifications, social and cultural background, health and welfare, family and other relationships, religious beliefs, hobbies and interests of an adopted person or his or her adoptive parent and that will give the birth parent knowledge of the adopted child’s life after adoption, and(b) any of the following information held by an information source:(i) birth details (including the time of birth and weight and length of the person at birth),(ii) date of placement for adoption,(iii) date of adoption order,(iv) copy of the instrument of consent to the adoption and of any associated documents relating to the social and medical history of the adopted person provided by a birth parent,(v) copy of the request to make arrangements for the adoption,(vi) copy of adoption order or memorandum of adoption (or both),(vii) copies of medical reports and examinations of the adopted person made before the date of the adoption order,(viii) a document certifying particulars of the marriage of the adopted person,(ix) a document certifying particulars of the death of the adopted person,(x) messages relating to the adopted person and adoptive family given to the information source for the birth parent if clause 57 is complied with,(xi) any other document, report, photograph or recording relating to the adopted person.(2) Information about adopted person who is a child
A birth parent is entitled to receive the following information about an adopted person who is less than 18 years old held by an information source:(a) birth details (including the time of birth and weight and length of the person at birth),(b) date of placement for adoption,(c) date of adoption order,(d) copies of medical reports or examinations of the adopted person made before placement for adoption,(e) information relating to the health and welfare of the adopted person after the date of placement for adoption,(f) information about adoptive parents that does not identify the parents.Note. Under section 136 (3) of the Act, information referred to in this subclause may only be supplied to a birth parent if the birth parent produces an authority authorising the supply of the information from the Director-General. However under section 136 (4), a designated person may supply the information without such an authority or an amended birth certificate if the designated person is of the opinion that the information could not be used to identify the adopted person or his or her adoptive parents.(3) Information relating to the health and welfare of an adopted person after placement for adoption is prescribed information for the purposes of subclauses (1) and (2) only if:(a) the information source holding the information is the Department or an accredited adoption service provider, or(b) the information is information referred to in clause 51 (1).(4) For the purposes of section 136 (5) of the Act, the following kinds of information are prescribed as information that a birth parent may request the Director-General or a principal officer to take action to ascertain from the child’s adoptive parents:(a) information relating to the health and welfare of the child,(b) information relating to the educational progress of the child,(c) information relating to the hobbies, sporting and other interests of the child,(d) information relating to the general lifestyle of the child and the child’s adoptive parents.(5) A birth parent whose name is entered in the Reunion and Information Register is entitled to receive any of the following information if it is held by the Department or accredited adoption service provider:(a) advice of the death of the adopted person,(b) advice that the relationship between the adopted person and the adoptive parents has irretrievably broken down and the adopted person is living separately from the adoptive parents.(6) Despite subclause (2), a birth parent is not entitled to receive information consisting of the family name of an adopted person who is less than 18 years old or of his or her adoptive parent unless that information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 that the birth parent is otherwise entitled to receive under the Adoption Act 2000 or an access policy.
Subdivision 4 Other prescribed information
49 Information prescribed under section 137 relating to deceased birth parent
A relative, spouse or other person who had a de facto or other close personal relationship with a deceased birth parent may be supplied with the following information relating to the deceased birth parent:(a) any non-identifying background information held by an information source about an adopted person or his or her adoptive parent that would have given the deceased birth parent knowledge of the adopted child’s life after adoption,(b) information relating to a deceased birth parent referred to in clause 51,(c) a copy of the adoption order or memorandum of adoption.
50 Information prescribed under section 137 relating to deceased adopted person
A relative, spouse or other person who had a de facto or other close personal relationship with a deceased adopted person may be supplied with the following information relating to the deceased adopted person:(a) any non-identifying background information held by an information source about a birth parent, sibling, grandparent, aunt or uncle of the adopted person that would have given the deceased adopted person knowledge of his or her origins,(b) information relating to a deceased adopted person referred to in clause 51,(c) a copy of the adoption order or memorandum of adoption.
51 Additional prescribed information
(1) Information that is not otherwise prescribed information is prescribed for the purposes of sections 134–137 and 133C–133G of the Act if:(a) the Director-General is satisfied the information is unlikely to be obtained from any other source, and(b) the Director-General is satisfied the information would, if disclosed, promote the welfare and best interests of either or both the person seeking the information and the person affected by the supply of the information, and(c) the information is to be supplied by the Director-General or authorised by the Director-General to be supplied by the Registrar or some other source.(2) Information prescribed by this clause is not to be supplied unless:(a) the Director-General has notified the person affected by the supply of the information of the intention to supply the information, and(b) a period of not less than 7 days has expired since the person was so notified, and(c) before the expiration of that period, the person has consented to supply of the information or the Director-General has considered any submissions received from the person as to why the information should not be supplied.(3) Information prescribed by this clause may be supplied even though the person affected by the supply has not been notified as required by subclause (2) if:(a) in the opinion of the Director-General, it is not reasonably practicable to notify the person, or(b) the whereabouts of the person are unknown and the Director-General has been unable to discover them after making such inquiries as are reasonable in the circumstances.
Subdivision 5 Guidelines for supplying adoption information
52 General guidelines under section 142 for release of birth certificate and prescribed information
(1) An information source is to comply with the following guidelines in connection with the supply of any birth certificates or prescribed information under the Act:(a) the information source must make reasonable inquiries to confirm the applicant’s identity and relationship to the person to whom the information relates,(b) the information source must not supply confidential information unless the information source has obtained and taken into account the advice of the Director-General as to whether the information should be supplied and as to the provision of appropriate counselling for the person to whom it is supplied,(c) the information source must not supply confidential information about a birth parent whose name is entered in the Reunion and Information Register unless the information source has taken such action as is reasonable in the circumstances to ascertain whether the birth parent wishes to supply the information personally.(2) In this clause:confidential information means:
(a) information indicating that an adopted person was conceived as a result of incest or the sexual assault of his or her birth mother, and(b) information indicating that an adopted person has an hereditary condition seriously affecting the current, or that could seriously affect the future, physical or mental health of the adopted person or any descendant of the adopted person.
52A Guidelines for exercise of discretion to issue authority to supply adoption information under sections 133E and 133G
(1) For the purposes of sections 133E (5) and 133G (6) of the Act, the Guidelines for the Release of Adoption Information published by the Department of Human Services in the Gazette on the date of publication of the Adoption Amendment (Access to Information) Regulation 2009 on the NSW legislation website are prescribed.(2) The Director-General is to ensure that the guidelines are available on a website maintained by the Department.Note. The relevant website is www.community.nsw.gov.au.
53 Guidelines for exercise of discretion to supply adoption information under sections 136A and 140 (1)
(1) The Director-General is to comply with the guidelines set out in this clause in connection with the supply of adoption information:(a) in accordance with a request made under section 136A of the Act, or(b) under section 140 (1) of the Act.(2) The Director-General is to seek the consent of the birth parent of an adopted person who is less than 18 years old to the supply of such a birth certificate or prescribed information that could be used to identify the birth parent.(3) The Director-General is not to supply such a birth certificate or prescribed information that could be used to identify the birth parent to an adopted person who is less than 18 years old against the wishes of a birth parent until such period (being a period of not less than 7 days) after the birth parent’s refusal to consent to the supply as will, in the opinion of the Director-General, enable the birth parent (if he or she so wishes) to lodge a contact veto.(4) The Director-General is to supply a birth parent with an amended birth certificate or prescribed information relating to an adopted person who is less than 18 years old only if:(a) the relationship between the adopted person and the adoptive parents has irretrievably broken down and the adopted person is living separately from the adoptive parents, or(b) the adoptive parents support the supply of the birth certificate or prescribed information, or(c) the adoptive parents have died,and, in the opinion of the Director-General (supported by expert opinion) it is unlikely that any detriment to the welfare and best interests of the adopted person or his or her adoptive family will result from the supply of the certificate or information.(5) The Director-General may supply, or authorise an information source to supply, any prescribed information to a person who is not entitled to receive it because of a failure to obtain a birth certificate only if:(a) there is no contact veto in force against contact by the person with the person to whom the information relates, and(b) in the opinion of the Director-General, the information could not be used to identify the person to whom it relates,and, in the opinion of the Director-General (supported by expert opinion) it is unlikely that any detriment to the welfare and best interests of the person to whom the information relates, or his or her family, will result from the supply of the information.
54 Guidelines for exercise of discretion to withhold supply of adoption information or supply subject to conditions under section 136A
(1) The Director-General may obtain advice from such persons as the Director-General thinks may be of assistance to the Director-General in forming his or her opinion as to whether exceptional circumstances exist that make it necessary to refuse to supply a birth certificate or prescribed information under section 136A of the Act.(2) The advice may include advice from the following:(a) a medical practitioner,(b) a person who is a member, or who is eligible for membership, of the Australian Association of Social Workers,(c) a person having knowledge or experience in adoption work,(d) a person who, in the opinion of the Director-General, has other suitable qualifications or experience.
54A Guidelines for exercise of discretion to supply adoption information under section 140 (3)
The Director-General is to consider the following matters when making a decision about whether to supply or authorise the supply of adoption information or other information under section 140 (3) of the Act:(a) the circumstances surrounding the request for information,(b) the age of the parties to the adoption to which the information requested relates,(c) the relationship between the person requesting the information and the parties to the adoption,(d) whether a contact veto against contact by the person requesting the information with the person to whom the information relates is in force,(e) whether an advance notice registration applies to the information requested,(f) the likely effect on the parties to the adoption if the information is supplied.
55 Guidelines under section 142 for the release of prescribed information relating to unacknowledged birth fathers
(1) In this clause:unacknowledged birth father means the birth father of an adopted person who:
(a) is not shown on the adopted person’s original birth certificate as the person’s father, or(b) is not a person whom the Director-General, Registrar or another information source is entitled to presume, under any law (including a law of another State or Territory or the Commonwealth) to be the adopted person’s birth father.(2) An information source must, if it considers it to be necessary or appropriate to do so, obtain assistance from the Director-General or the Registrar to assist in its determination of whether it is entitled to presume a person to be an adopted person’s birth father.(3) An information source is not to supply prescribed information relating to an unacknowledged birth father if, in the opinion of the information source, the information could be used to identify the unacknowledged birth father or a relative of the unacknowledged birth father, except with the consent of the unacknowledged birth father.
56 Information as to “last known name and address”
The last known name and address of a person held by an information source is prescribed information only if:(a) the information was obtained by the information source before the person was placed for adoption, on placement of the person for adoption or from or in connection with the making of the adoption order in relation to the person, or(b) the information is information that must or may be included in the Register kept under the Births, Deaths and Marriages Registration Act 1995 that the person is otherwise entitled to receive under the Act or an access policy, or(c) the person concerned has consented in writing to the supply of the name and address to the person seeking the information, or(d) the person concerned has entered his or her name on the Reunion and Information Register.
(1) A message that is given to an information source for an adopted person, adoptive parent, birth parent or non-adopted sibling after the commencement of this Regulation is not prescribed information unless the person giving the message to the information source has signed a release (in a form approved by the Director-General) consenting to the supply of all such messages.(2) A release signed by the person giving a message to the information source is not required if the person:(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.(3) A message that is given to an information source for an adopted person, adoptive parent, birth parent or non-adopted sibling before the commencement of this Regulation is not prescribed information unless:(a) in the opinion of the Director-General, the records of the information source concerned clearly indicate that the person intended the message to be supplied to the adopted person, adoptive parent, birth parent or non-adopted sibling, or(b) the Director-General is satisfied that the welfare and best interests of one or both persons concerned would be promoted by the passing on of the message.(4) In this clause:message means the following:
(a) a message left under section 147 (4) of the Act by a person who has lodged an advance notice request,(b) a message left under section 156 (4) of the Act by a person who has lodged a contact veto,(c) a message left by a person whose name is entered on the Reunion and Information Register under section 168 of the Act,(d) a photograph or other document left by such a person.