Introduction
1 Name of Act
2 Commencement
3 Definitions
4 Meaning of “Aboriginal” and “Torres Strait Islander”
5 Notes
Chapter 2 Objects and adoption principles
6 What are the roles of the objects and adoption principles of this Act?
7 What are the objects of this Act?
8 What principles are to be applied by persons making decisions about the adoption of a child?
9 Participation of child in decisions
Chapter 3 Adoption service providers
Introduction
Part 1 Authority to provide adoption services
10 Adoption services to be provided by or on behalf of Director-General
11 Unauthorised arrangements for adoption
Part 2 Accreditation of adoption service providers
12 Applications for accreditation
13 Accreditation of adoption service providers
14 Refusal of application
15 Notice of accreditation to be published in Gazette
16 Copy of accreditation notice to be displayed
17 Conditions of accreditation
18 Duration of accreditation
19 Principal officer of accredited adoption service provider
20 Revocation or suspension of accreditation
21 Notice of revocation or suspension of accreditation to be published in Gazette
Chapter 4 The adoption process
22 Proceedings
23 Jurisdiction
24 Who can be adopted?
25 Previous adoption or marital status immaterial
26 Who can adopt?
27 Adoption by one person
28 Adoption by couple
29 Adoption by relative
30 Adoption by step parent
31 Adoption of non-citizen child
Part 2 Placement of children for adoption
Division 1 Children other than Aboriginal and Torres Strait Islanders
32 Regard to be had to cultural heritage of child
Division 2 Aboriginal children
33 Aboriginal participation in decision making
34 Application of Aboriginal child placement principles
35 Aboriginal child placement principles
36 Alternatives to placement for adoption to be considered
Division 3 Torres Strait Islanders
37 Torres Strait Islander participation in decision making
38 Application of Torres Strait Islander child placement principles
39 Torres Strait Islander child placement principles
Division 4 Placement outside Australia
40 Report on child for intercountry adoption
Part 3 Selection of prospective adoptive parents
41 Application of Part
42 Expression of interest in adopting a child
43 Application to adopt
44 Form of expression of interest or application
45 Assessment of suitability, and selection, of adoptive parents
46 What is an adoption plan?
47 How is an adoption plan made?
48 Adoption plan to accompany application for adoption order
49 Notice to be given of adoption plan
50 Registration of adoption plans
51 Review of adoption plans
Division 1 Who must consent to an adoption?
52 Consent of parents and persons who have parental responsibility generally required
53 Ways in which parent or person who has parental responsibility can give consent
54 When consent of parent or person who has parental responsibility not required
55 Consent of child
56 Birth father to be given opportunity to consent
Division 2 When is consent effective?
57 Definitions
58 When is consent ineffective?
59 Mandatory written information
60 When is consent to be given?
61 Form of consent
62 Consent must be witnessed by person independent of counsellor
63 Child or other person consenting must be counselled
64 Consent to adoption of Aboriginal child
65 Consent to adoption of Torres Strait Islander child
Division 3 Dispensing with consent
66 How is need for consent dispensed with?
67 When can Court dispense with consent of person other than the child?
68 Who may apply for order dispensing with consent of person other than the child?
69 When can the Court dispense with the child’s consent?
70 When can consent dispense order be made?
71 Revocation of consent dispense order
72 Notice of consent dispense order
Division 4 Revocation of consent
73 Revocation of consent
74 Notification of pending end of revocation period
Part 6 Parental responsibility for children awaiting adoption
Note
75 Parental responsibility for citizen child awaiting adoption
76 Renunciation of parental responsibility for child present in another State
77 Parental responsibility for certain non-citizen children awaiting adoption
78 Parental responsibility reports—citizen and non-citizen children
79 Duration of parental responsibility
79A Children under the parental responsibility of Director-General leaving or being removed from care
79B Power of search for and removal of children in need of care and protection
Note
80 Preliminary hearings
81 When may preliminary hearings be held?
82 Notice to be given
83 Rules of court
84 Making of interim orders
85 Duration of interim orders
86 Discharge of interim orders
Note
87 Application to be consented to by Director-General
88 Notice of application for adoption orders
89 When can order be made?
90 Court to be satisfied as to certain matters
91 Report required before order made for adoption of child
Part 10 Procedures after application dealt with
92 Care of child after refusal of an application
93 Discharge of adoption orders
94 Investigation of application for discharge
Part 11 Effect of adoption orders
Note
95 General effect of adoption orders
96 Effect of adoption order on parental responsibility and previous adoption
97 Effect of orders as regards property
98 Effect of orders as regards dispositions of property etc
99 Relationship of adopted child to other children of the adopter
100 Liability of trustees and personal representatives in relation to adopted persons
101 Names of adopted children
Chapter 5 Recognition of adoptions
Introduction
102 Recognition of Australian adoptions
Part 2 Intercountry and overseas adoptions
103 Object of Part
104 Meaning of child
105 Application of Act
Division 2 Hague Convention on Intercountry Adoption
106 Adoption in NSW of child from NSW by parents from Convention country
107 Adoption in NSW of child from Convention country by parents from NSW
108 Recognition of adoption of a child from a Convention country in that country
109 Effect of recognition
110 Refusal to recognise an adoption
111 Order terminating legal relationship between child and parents
112 Evidential value of adoption compliance certificate and Convention country adoption order
Division 3 Bilateral arrangements
113 Adoption by NSW parent in prescribed overseas jurisdiction of a child from that overseas jurisdiction
114 Effect of recognition
115 Evidential value of adoption compliance certificate
Division 4 Recognition of other overseas adoptions
116 Recognition of foreign adoptions in countries other than Convention countries and prescribed overseas jurisdictions
117 Declarations of validity of foreign adoptions
Introduction
118 Parties
119 Hearings to be in camera
120 Director-General may appear at hearings
121 Court may require attendance
122 Legal representation
123 Guardian ad litem—child
124 Guardian ad litem and amicus curiae—birth parents of child
125 Support persons
126 Matters admissible in evidence
127 Wishes of child
128 How wishes of a child are expressed
129 Children not to be required to express wishes
Chapter 7 Records of adoptions
Introduction
130 Functions of nominated officer in relation to orders under this Act
131 Sending of records of orders to other States and countries
132 Particulars of orders received from other States
Chapter 8 Adoption information
133 Prescribed information
Part 2 Access to birth certificates and other information
134 Adopted person’s rights
135 Adoptive parent’s rights
136 Birth parent’s rights
137 Access to adoption information by relatives and others after death of adopted person or birth parent
138 Application for supply of adoption information
139 Persons designated to deal with applications
140 Discretion to supply adoption information
141 Discretion to withhold supply (or authorise the withholding of supply) of information or to supply it subject to conditions
142 Guidelines for release of prescribed information etc
143 Access to court records
143A Application of State Records Act 1998
144 Object of Part
145 Definitions
146 Who may lodge an advance notice request?
147 How advance notice request is lodged
148 Advance Notice Register
149 Director-General to delay issue of supply authority or prescribed information
150 Endorsement of details of advance notice request
151 Expiration of advance notice registration
152 Arrangements to waive advance notice period
153 Notification to person who lodged advance notice request
154 Adopted person or birth parent may lodge contact veto
155 Contact veto may be lodged only for adoptions before Adoption Information Act 1990
156 How contact veto is lodged
157 Contact Veto Register
158 Director-General to endorse details of contact veto on authority to supply adoption information
159 When contact veto takes effect
160 Expiration of contact veto
161 Arrangements to confirm, cancel or vary contact veto at request of person seeking contact
162 Notification to person who lodged contact veto of request for information
163 Notification to person affected by contact veto of cancellation or variation
164 Undertakings not to contact person who has lodged contact veto
Part 5 Reunion and Information Register
165 Definition
166 Reunion and Information Register
167 Persons eligible to have their names entered in the register
168 Message may be left
169 Director-General may refuse to enter name or take message
170 Circumstances in which Director-General may open, inspect and copy message
171 Director-General may delay delivery of message
172 Regulations
173 Arrangements for reunion of registered persons
174 Location of persons not registered
175 Duties of Director-General and accredited adoption service providers
176 Definitions
177 Payments for NSW adoptions or intercountry adoptions and adoption services
178 Unauthorised advertising
179 Making available or supplying prohibited adoption advertising on on-line service
180 Restriction on publication of identity of parties
181 False statements
182 Impersonation
183 Presenting forged consent or other document
184 Undue influence
185 Improper witnessing of consent
186 Unauthorised disclosure of information
187 Prohibition on contact with birth parents of child
188 Veto on contact—offences
Chapter 10 Review of decisions
Introduction
189 Reviewable decisions
190 Duty of relevant decision maker to give reasons in request
191 Relevant decision maker may refuse reasons in certain cases
192 Internal review
193 Decisions that are reviewable by Administrative Decisions Tribunal
Introduction
194 Restriction on inspection of records
195 Consultation with Aboriginal persons
196 Consultation with Torres Strait Islanders
197 Manner of giving notice
198 Notices and other documents to be written in other languages
199 Entitlements of disabled persons
200 Fees and charges
201 Provision of financial and other assistance to certain children and birth parents
202 Administration of certain estates
202A Entry and inspection under search warrant
203 Authority to prosecute
204 Proceedings for offences
205 Exclusion from proceedings
206 Delegation
207 Rules of court
208 Regulations
209 Repeals
210 Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption
211 (Repealed)
212 Savings and transitional provisions
213 Review of Act
Schedule 1 Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption