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Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 25 November 2017 at 12:52)
Chapter 7
Chapter 7 Records of adoptions
Introduction.
 Documents referred to in this Chapter may be produced and recorded and transmitted electronically. The Electronic Transactions Act 2000 contains provisions that state that a requirement or permission under law for a person to provide information in writing, to sign a document, to produce a document or to retain information or a document may be satisfied by an electronic communication, subject to certain minimum criteria.
130   Functions of nominated officer in relation to orders under this Act
(cf AC Act s 61)
The nominated officer must:
(a)  give a record, containing the information prescribed by the regulations, of every adoption order, declaration under section 117 (Declaration of validity of foreign adoptions), order under Part 2 of Chapter 5 and discharge order, to the Registrar, and
(b)  give a copy of that record to the Secretary.
Note.
 Nominated officer and record are defined in the Dictionary.
130A   Functions of Secretary in relation to overseas adoptions
(1)  The Secretary must give the Registrar a record of an adoption that is recognised under section 108 or 113 if the adoption was organised by or under the authority of the Secretary.
(2)  The record given to the Registrar must contain the information and particulars prescribed by the regulations and must be accompanied by a copy of the adoption compliance certificate issued for the adoption.
(3)  The Secretary may require the adoptive parent or adoptive parents of an adopted child, or the adopted child if the child has attained the age of 18 years, to provide the Secretary with such information or documents relating to the adoption or the identification of the adopted child as the Secretary may reasonably require.
(4)  The Secretary is not required to give the Registrar a record of an adoption under this section (and the Registrar is not required to register the adoption under the Births, Deaths and Marriages Registration Act 1995) if the Secretary is not able to ascertain the information and particulars that the record is required to contain.
131   Sending of records of orders to other States and countries
(cf AC Act s 62)
(1)  The nominated officer must give a certified record of an adoption order, or a discharge order, made by the Court in relation to a child (whose birth or previous adoption the nominated officer has reason to believe is registered in another State) to the appropriate authority of the other State.
(2)  The nominated officer must give a certified record of an adoption order, or a declaration, made by the Court under Chapter 5 in relation to a child from a country outside Australia to the appropriate authority of the country.
(3)  The record is to be sent as soon as practicable after the order or declaration concerned is made.
(4)  A record required to be sent by this section is to contain such information as is prescribed by the regulations.
(5)  In this section:
appropriate authority means the person or body in another State or a country outside Australia having the functions prescribed by the regulations.
certified record means a record certified by a nominated officer in writing, or in any other manner permitted by law, to be a true record.
132   Particulars of orders received from other States
(cf AC Act s 63)
(1)  The nominated officer must give the Registrar a summary of any certified record of an adoption order or discharge order made (whether by a court or not) under the law in force in another State received by the officer and that relates to a child whose birth or previous adoption is registered in New South Wales.
(2)  The summary is to contain such information as is prescribed by the regulations.
(3)  In this section:
certified record means a record certified in writing to be a true record by a person authorised so to certify under the law of another State.