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Contents (2000 - 75)
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Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 21 September 2017 at 13:18)
Chapter 4 Part 9
Part 9 Adoption orders
Note.
 The power to make adoption orders is conferred by section 23.
87   Application to be consented to by Secretary
(cf AC Act s 18 (2) and (3))
(1)  The Court may make an adoption order only on application made by:
(a)  the prospective adoptive parent or parents with the consent of the Secretary, or
(b)  the Secretary or by a principal officer on behalf of the prospective adoptive parent or parents, or
(c)    (Repealed)
(d)  a child who is 18 or more years of age for his or her adoption.
(2)  Despite subsection (1) (a), the consent of the Secretary to an application for an adoption order is not required:
(a)  if the applicant is a step parent or relative of the child, or
(b)  if the application relates to an intercountry adoption.
88   Notice of application for adoption orders
(cf AC Act s 22)
(1)  The Court may not make an adoption order unless at least 14 days’ notice of the application for the order (containing the particulars, if any, prescribed by the regulations) has been given:
(a)  to any person whose consent to the adoption of the child concerned is required under this Act and has not been given (or the requirement for which has been dispensed with by the Court), and
(b)  to any person (not being a person whose consent is so required) with whom the child resides or who has parental responsibility for the child.
(2)  Except as the Court may otherwise determine, nothing in subsection (1) requires a notice referred to in that subsection to be given to a person referred to in subsection (1) (b) if that person is:
(a)  an applicant for the adoption order, or
(b)  a person with whom the child resides only as a patient or inmate of a hospital of which that person is in charge or a person who has parental responsibility for a child only as the person in charge of a hospital.
(3)  The notice must not specify the name of, or identify, any applicant.
(4)  The Court may dispense with the giving of the notice.
(5)  If it appears to the Court to be necessary in the interests of justice so to do, the Court may direct that notice of an application for an adoption order be given to any specified person.
89   When can order be made?
The Court must not make an adoption order until:
(a)  the revocation period for each consent given by an adult to the adoption has expired, and
(b)  if the child to be adopted has consented to the adoption—a period of 30 days, beginning on the day on which the instrument of consent to the adoption was signed, has expired.
Note.
 Revocation period is defined in the Dictionary.
90   Court to be satisfied as to certain matters
(cf AC Act s 21)
(1)  The Court must not make an adoption order in relation to a child unless the Court is satisfied:
(a)  that the best interests of the child will be promoted by the adoption, and
(b)  that, as far as practicable and having regard to the age and understanding of the child, the wishes and feelings of the child have been ascertained and due consideration given to them, and
Note.
 Sections 127–129 contain provisions about ascertainment of the wishes of a child by the Court.
(c)  if the prospective adoptive parent or parents are persons other than a step parent or relative of the child—that the prospective adoptive parent or parents have been selected in accordance with this Act, and
Note.
 See Part 3 of this Chapter.
(d)  that consent to the adoption of the child has been given by every person whose consent is required under this Act or that consent has been, or should be, dispensed with, and
(e)  if the child is an Aboriginal child—that the Aboriginal child placement principles have been properly applied, and
(f)  if the child is a Torres Strait Islander child—that the Torres Strait Islander child placement principles have been properly applied, and
(g)  if the child is a non-citizen child from a Convention country or other country outside Australia—that the applicable requirements of this Act and any other relevant law have been satisfied, and
Note.
 See for example, section 31.
(h)  in the case of a child (other than an Aboriginal or Torres Strait Islander child)—that the culture, any disability, language and religion of the child and, as far as possible, that the child’s given names, identity, language and cultural and religious ties have been taken into account in the making of any adoption plan in relation to the adoption.
(2)  The Court may not make an adoption order if the parties to the adoption have agreed to an adoption plan unless it is satisfied that the arrangements proposed in the plan are in the child’s best interests and are proper in the circumstances.
(3)  The Court may not make an adoption order unless it considers that the making of the order would be clearly preferable in the best interests of the child than any other action that could be taken by law in relation to the care of the child.
Note.
 Other action that could be taken in relation to a child includes a parenting order under the Family Law Act 1975 of the Commonwealth or a care order under the Children and Young Persons (Care and Protection) Act 1998. Part 1 of Chapter 4 describes the persons who may be adopted and the persons who may adopt.
91   Report required before order made for adoption of child
(1)  The Court may not make an order for the adoption of a child under 18 years of age unless a report in writing concerning the proposed adoption has been provided to the Court by the applicant.
(2)  The report is to be accepted by the Court only if it has been prepared by the Secretary or an authorised person.
(2A)  In this section, an authorised person means any of the following:
(a)  an approved assessor,
(b)  the principal officer of an accredited adoption service provider (or delegate),
(c)  the principal officer of a designated agency (or delegate),
(d)  a suitably qualified person employed or nominated by an approved organisation to prepare reports in accordance with this section.
(3)  This section does not prevent the Secretary from making a report to the Court in relation to the adoption of a child before the Court if the Secretary considers it appropriate to do so.
(4)  The Court may require the Secretary to make a report in relation to an application for an adoption order made by a person other than the Secretary, but only if the child is under 18 years of age.
(5)  However, the Court is not to require the Secretary to make a report unless the Court considers that the Secretary should report on the case because of:
(a)  particular concerns about the safety, welfare or well-being of the child concerned, or
(b)  serious concerns about the reliability or independence of a report made by an authorised person concerning the case, or
(c)  other exceptional circumstances.
(6)  The Court may require the Secretary to make such a report within a period of 6 months after the date of the making of the application or such other period as the Court may, having regard to the circumstances of the case, specify.
(6A)  A principal officer of an accredited adoption service provider may delegate his or her function under subsection (2) to one or more employees of the accredited adoption service provider or of an affiliated foster care service, whom the principal officer considers to be appropriately qualified to exercise the function.
(6B)  A principal officer of a designated agency may delegate his or her function under subsection (2) to one or more employees of the agency, whom the principal officer considers to be appropriately qualified to exercise the function.
(7)  In this section:
approved assessor means a person, or a person of a class, approved by the Secretary from time to time, by order in writing, to provide a report to the Court for the purposes of this section.
approved organisation means an organisation approved by the Secretary from time to time, by order in writing, to provide a report to the Court for the purposes of this section.
designated agency has the same meaning as in section 139 of the Children and Young Persons (Care and Protection) Act 1998.