You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 18 November 2017 at 07:56)
Chapter 4 Part 6
Part 6 Parental responsibility for children awaiting adoption
Note.
 This Part provides for the parental responsibility for children between the period when consent to adoption is given and an adoption order made. Parental responsibility is given to the Secretary who has power to decide, for example, whether the child should be placed with authorised carers or the proposed adoptive parents, in this period.
75   Parental responsibility for citizen child awaiting adoption
(cf AC Act s 34 except (3) and (4))
(1) Parental responsibility following general consent or dispensing with consent The Secretary has parental responsibility for a child (for purposes other than the purposes of section 52) to the exclusion of all other persons after:
(a)  general consent to the adoption of the child has been given by every person whose consent to the adoption of the child is required under this Act, or
(b)  the requirement for consent has been dispensed with by the Court.
(2)  A person other than the Secretary or a person employed in the Department who witnesses a general consent to the adoption of a child must give the Secretary written notice that it has been given.
(3)  The notice is to be given within 7 days after the person witnesses the consent.
(4)  Subsection (1) does not apply to a child unless and until the Secretary:
(a)  is satisfied that each person who is required to give general consent to the adoption of the child under this Act has given consent or that the Court has dispensed with the requirement for that person to consent, or
Note.
 Grounds on which the Court may dispense with consent include that, after reasonable inquiry, the person whose consent is required cannot be found or identified—see section 67.
(b)  the Court makes an interim order under section 84 in favour of the Secretary,
whichever first occurs.
(5)  Within 21 days after the Secretary is satisfied as referred to in subsection (4), the Secretary may, by instrument in writing, decline parental responsibility for the child.
(6)  As soon as practicable after declining parental responsibility, the Secretary must cause a copy of the instrument to be given to each person who consented to the adoption of the child.
(7) Parental responsibility following renunciation of parental responsibility by officer of another State The Secretary takes parental responsibility for a child in place of a corresponding officer who has parental responsibility for the child under a corresponding law if the corresponding officer executes a parental responsibility renunciation instrument.
(8)  Subsection (7) applies only if:
(a)  any consent to the adoption of the child held by the corresponding officer cannot be lawfully revoked by the person or persons by whom it was given, and
(b)  the Secretary is satisfied the child is present in New South Wales, and
(c)  the corresponding officer requested the Secretary to accept, and the Secretary by an instrument in writing forwarded to that officer, agreed to accept, parental responsibility for the child before the parental responsibility renunciation instrument was executed.
(9)  The Secretary has parental responsibility for purposes other than section 52.
(10)  Subsections (1) and (5) do not apply to a child who is under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998.
(11)  In this section:
corresponding law means a law of another State that corresponds to this section.
corresponding officer means an officer of another State whose functions correspond to those of the Secretary under this Act.
parental responsibility renunciation instrument means an instrument in writing executed by a corresponding officer renouncing the officer’s parental responsibility for a child under a corresponding law and on execution of which the officer ceases, under that law, to have parental responsibility for the child.
76   Renunciation of parental responsibility for child present in another State
(1)  The Secretary may execute a parental responsibility renunciation instrument in relation to a child the Secretary has parental responsibility for under section 75 if:
(a)  consent to the adoption of the child cannot be lawfully revoked by the person or persons by whom it was given, and
(b)  the Secretary is satisfied that the child is present in another State, and
(c)  the Secretary has requested a corresponding officer to accept, and that officer has, by an instrument in writing forwarded to the Secretary, agreed to accept, parental responsibility for the child, and
(d)  under a corresponding law, that officer will, on execution by the Secretary of a parental responsibility renunciation instrument, have parental responsibility for the child.
(2)  The Secretary ceases to have parental responsibility for the child on execution of the parental responsibility renunciation instrument.
(3)  As soon as practicable after executing the parental responsibility renunciation instrument, the Secretary must forward the instrument to that officer.
(4)  In this section:
corresponding law means a law of another State that corresponds to this section.
corresponding officer means an officer of another State whose functions correspond to those of the Secretary under this Act.
parental responsibility renunciation instrument means an instrument in writing executed by the Secretary renouncing the Secretary’s parental responsibility for a child.
77   Parental responsibility for certain non-citizen children awaiting adoption
(1)  This section applies to a non-citizen child who is subject to the Immigration (Guardianship of Children) Act 1946 of the Commonwealth on entry to Australia and in relation to whom an adoption order has not been made under any law.
(2)  The Secretary has parental responsibility for a child to whom this section applies and section 75 is, to the extent necessary, to apply to that child as if he or she were born in a State of the Commonwealth for so long as New South Wales is the normal place of residence of the child.
Note.
 The Minister for Immigration of the Commonwealth is the guardian of a child arriving in Australia and who is subject to the Immigration (Guardianship of Children) Act 1946 of the Commonwealth until an adoption order is made. The functions of parental responsibility are presently delegated to the Secretary under section 5 of that Act.
78   Parental responsibility reports—citizen and non-citizen children
(cf AC Act s 34 (3) and (4))
(1)  The Secretary must make a report to the Court concerning any child of whom the Secretary has parental responsibility under this Part if the Secretary has not, within a period of one year after taking over parental responsibility, ceased to have parental responsibility.
(2)  The Court may make any order concerning the parental responsibility for the child that it thinks fit.
(3)  Without limitation, an order under subsection (2) may, if the child is less than 18 years of age:
(a)  declare the child to be under the parental responsibility of the Minister under the Children and Young Persons (Care and Protection) Act 1998, or
(b)  order that the Secretary continue to have parental responsibility for the child for a further period of one year.
79   Duration of parental responsibility
(1)  The Secretary continues to have parental responsibility for a child under section 75 or 78 until:
(a)  an adoption order is made in relation to the child, or
(b)  if consent has been given, the instrument of consent is lawfully revoked, or
(c)  the Court, by order, makes other provision for parental responsibility for the child, or
(d)    (Repealed)
(e)  the Secretary declines to have parental responsibility for the child, or
Note.
 See section 75 (5).
(f)  the Secretary renounces parental responsibility for the child, or
Note.
 See section 76.
(g)  the child is declared to be, or is placed, under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998.
(2)  The Secretary may, on such terms and conditions as the Secretary thinks fit, place any child for whom the Secretary has parental responsibility under section 75 or 78 in the care responsibility of any suitable person who has agreed to have the child in his or her care.
(2A)  The Secretary’s parental responsibility for a child under section 75 or 78 is suspended while the child is placed in some other person’s care responsibility pursuant to subsection (2).
(2B)  The Secretary may at any time, and for any reason or no reason, make an order terminating a child’s placement under subsection (2) and directing that the child be returned to the parental responsibility of the Secretary.
(3)  The fact that the Secretary has parental responsibility for a child under this section does not affect the liability of any person to provide adequate means of support for the child.
(4)  The loss of parental responsibility for a non-citizen child under this section does not affect any duty imposed on the Secretary by any law with respect to the on-going supervision, and reports concerning, the child to be made to the appropriate authority in a Convention country or other place outside Australia, after the adoption of the child.
79A   Children under the parental responsibility of Secretary leaving or being removed from care
If:
(a)  a child who is under the parental responsibility of the Secretary, or under the care responsibility of a person under section 79 (2), has, without lawful excuse, left, or been removed from, the care of the Secretary or person, as the case may be, and
(b)  the Secretary is of the opinion that the child should be returned to that care,
the Secretary may, by order in writing, direct that the child be returned to that care.
79B   Power of search for and removal of children in need of care and protection
(1)  The Secretary or a police officer may apply to an authorised officer for a search warrant if the Secretary or police officer has reasonable grounds for believing that:
(a)  a child whom the Secretary has placed in some other person’s care responsibility pursuant to section 79 (2), or
(b)  a child the subject of an order in force under section 79 (2B) or 79A,
may be found in any premises.
(2)  An authorised officer to whom such an application is made may issue a search warrant if satisfied that there are reasonable grounds for doing so.
(3)  A search warrant authorises the person named in the warrant:
(a)  to enter the premises (if any) specified in the warrant, and
(b)  to search the premises (if any) or elsewhere, or at large, for the presence of the child referred to in subsection (1) (a) or (b), and
(c)  to remove the child, and
(d)  to return the child to, or to place the child in, the custody of the Secretary or the person having care responsibility for the child under section 79 (2), as the case requires.
(4)  An application for a warrant or warrant may specify one or more addresses or other descriptions of premises. However, it is not necessary to specify an address or other description of premises in an application for a warrant or in a warrant.
(5)  It is not necessary in any search warrant issued under this section to name any particular child.
(6)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(7)  In this section, authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.