Adoption Act 2000 No 75
Chapter 3 Adoption service providers
Introduction.This Chapter provides for the making of arrangements for the placement of children for adoption through a government department and accredited adoption service providers. It makes it clear that individuals must not make their own adoption arrangements, either personally or through private institutions. The Chapter provides for the accreditation of charitable and non-profit organisations to provide adoption services.
Part 1 Authority to provide adoption services
10 Adoption services to be provided by or on behalf of Secretary
(1) Subject to this Act, the Secretary is to provide adoption services.Note.Under section 206, the Secretary may delegate this and any other function under this Act to any person.(2) Without limiting subsection (1), the Secretary is, subject to this Act, responsible for the following:(a) the assessment of the suitability of a person or persons to adopt a child,(b) any decision to place a child with a person or persons wishing to adopt the child,(c) the transfer of the care responsibility for a child to the person or persons who will adopt the child,(d) the giving of consent to the adoption of a child of whom he or she has parental responsibility,(e) (Repealed)(f) the provision in certain circumstances of post-adoption financial and other assistance to adopted children and their birth and adoptive parents,(g) the provision of post-adoption services, including the provision of information and arrangements to facilitate post-adoption contact with the parties to an adoption.
11 Unauthorised arrangements for adoption
(cf AC Act s 51)
(1) An adoption service in relation to the adoption in New South Wales (including the intercountry adoption) of a child may be provided only by:(a) the Secretary, or(b) an organisation accredited by the Children’s Guardian in accordance with the regulations as an adoption service provider that may provide the service.(2) A person (other than the Secretary) must not provide any adoption service referred to in section 10 (2) (a), (b) or (c) in relation to the adoption in New South Wales (including the intercountry adoption) of a child unless the person is, or is acting on behalf of, an organisation accredited in accordance with the regulations as an adoption service provider that may provide the service.Maximum penalty: 10 penalty units or imprisonment for 12 months, or both.Note.Intercountry adoption is defined in the Dictionary.
Part 2 Accreditation of adoption service providers
12 Accreditation and review of adoption service providers
(1) A charitable or non-profit organisation may apply to the Children’s Guardian for accreditation as an adoption service provider that may provide adoption services specified by the Children’s Guardian.(2) The Children’s Guardian is to monitor the carrying out of the responsibilities with respect to the provision of adoption services under this Act and the regulations of the Secretary and accredited adoption service providers.
13 Accreditation criteria
(1) On the recommendation of the Children’s Guardian, the Minister may, from time to time by order published in the Gazette, approve standards and other criteria for use in determining:(a) whether to grant an application for accreditation as an accredited adoption service provider, and(b) the period for which accreditation is to be granted.(2) Standards and criteria may be approved under subsection (1) in respect of a class or classes of applicants.(3) Without limiting subsection (1), the criteria approved under that subsection are to be integrated, to the greatest extent practicable, with the criteria for accreditation of a designated agency under the Children and Young Persons (Care and Protection) Act 1998.(4) Failure to comply with subsection (3) does not affect the validity of any decision of the Children’s Guardian to accredit or not to accredit an applicant.
Part 3 Principal officer of accredited adoption service provider
14 Actions of principal officer taken to be actions of provider
(1) This section applies to anything done by, or with the approval of, the principal officer of an accredited adoption service provider in relation to adoption services.(2) Anything to which this section applies is, for the purposes of this Act and the regulations, taken to be done by the accredited adoption service provider.(3) Nothing in this section affects any personal liability of the principal officer.