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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 23 September 2017 at 13:50)
Chapter 8
Chapter 8 Adoption information
Part 1 Preliminary
133   Prescribed information
(cf AI Act s 5)
(1)  For the purposes of this Act, prescribed information is information of a kind prescribed by the regulations.
(2)  Different kinds of information may be prescribed:
(a)  for different classes of persons to whom the information relates, or
(b)  for different classes of persons to whom the information is supplied under this Act.
(3)  Subsection (2) does not limit the different kinds of information that may be prescribed.
133A   Definition of “presumptive father”
In this Chapter:
presumptive father of an adopted person means a man who claims to be the birth parent of the adopted person and who:
(a)  is shown on the adopted person’s original birth certificate as the adopted person’s father, or
(b)  is a person whom the Secretary, Registrar or other information source is entitled to presume, under any law (including a law of another State, the Commonwealth or of a country outside Australia), to be the adopted person’s father.
Part 2 Access to birth certificates and other information
Division 1 Access entitlements (adoptions after 2008 changes)
133B   Application of Division
This Division applies in respect of an adoption given effect to by an adoption order made on or after the commencement of this Division as a consequence of an application for an adoption order made on or after the commencement of this Division.
Note.
 Changes to access entitlements were made by the Adoption Amendment Act 2008 (which inserted this Division into this Act). For access entitlements in relation to adoptions before those changes, see Division 2.
133C   Adopted person’s rights
(1)  An adopted person is entitled to receive (subject to this Act):
(a)  the person’s original birth certificate, and
(b)  his or her adopted person’s birth record, and
(c)  any prescribed information relating to the adopted person held by an information source (including prescribed information relating to the adopted person’s birth parents, siblings and adopted brothers and sisters).
(2)  Despite subsection (1) (a), an intercountry adopted person is entitled to receive his or her original birth certificate only if such a certificate is held by an information source.
(3)  An adopted person who is less than 18 years of age is not entitled to receive his or her original birth certificate or adopted person’s birth record, or prescribed information, except with the consent of:
(a)  his or her surviving adoptive parents, or
(b)  the Secretary if there are no surviving adoptive parents or if they cannot be found or if there is, in the opinion of the Secretary, any other sufficient reason to dispense with their consent.
133D   Adoptive parent’s rights
(1)  An adoptive parent of an adopted person is entitled to receive (subject to this Act):
(a)  the adopted person’s original birth certificate, and
(b)  the adopted person’s birth record, and
(c)  any prescribed information relating to the adopted person held by an information source.
(2)  Despite subsection (1) (a), the adoptive parents of an intercountry adopted person are entitled to receive the adopted person’s original birth certificate only if such a certificate is held by an information source.
133E   Birth parent’s rights
(1)  A birth parent of an adopted person is entitled to receive (subject to this Act):
(a)  the amended birth certificate of the adopted person if a record of the adoption of the person is registered under the Births, Deaths and Marriages Registration Act 1995, and
(b)  the adopted person’s birth record, and
(c)  any prescribed information relating to the adopted person or adoptive parents held by an information source.
(2)  A birth parent of an adopted person who is less than 18 years of age is not entitled to receive any adoption information held by an information source unless the birth parent produces to the information source an authority authorising the information source to supply the adoption information issued by the Secretary.
(3)  The Secretary may issue, or refuse to issue, an authority to supply adoption information to the birth parent of an adopted person who is less than 18 years of age.
(4)  The Secretary may refuse to issue the authority only if, in the opinion of the Secretary, it would pose a risk to the safety, welfare or well-being of the adopted child or adoptive parents.
(5)  The Secretary is required to comply with any guidelines prescribed by the regulations in determining whether the supply of information poses a risk to the safety, welfare or well-being of an adopted child or adoptive parents.
(6)  The Secretary may issue an authority to supply adoption information under this section subject to conditions.
(7)  An information source must not supply any adoption information that is the subject of such an authority in contravention of any such conditions imposed by the Secretary.
(8)  In this section, a reference to a birth parent of an adopted person includes a reference to a presumptive father of an adopted person.
133F   Discretion to supply other information to birth parents
(1)  A designated person may supply a birth parent with prescribed information held by an information source about an adopted person who is less than 18 years of age without production of the amended birth certificate of the adopted person or authority to supply the adoption information if, in the opinion of the designated person, the information could not be used to identify the adopted person or his or her adoptive parents.
(2)  A birth parent of an adopted person may request the Secretary or a principal officer to take such action as is reasonable in the circumstances to ascertain from the adopted person’s adoptive parents information of a kind prescribed by the regulations as to the current physical and emotional well-being of the adopted person.
(3)  A birth parent of an adopted person is entitled to receive from the Secretary (or from an information source authorised to supply the information) any information obtained in response to a request made under this section:
(a)  that the Secretary considers does not identify, or could not be used to identify, the adoptive parents, and
(b)  if, in the opinion of the Secretary, it would promote the welfare and best interests of any of the parties concerned.
(4)  In this section, a reference to a birth parent of an adopted person includes a reference to a presumptive father of an adopted person.
133G   Non-adopted sibling’s rights
(1)  A non-adopted sibling of an adopted person is entitled to receive (subject to this Act) any prescribed information relating to the adopted person.
(2)  A non-adopted sibling who is less than 18 years of age is not entitled to receive any prescribed information relating to an adopted person except with the consent of:
(a)  the surviving parents of the non-adopted sibling, or
(b)  the Secretary, if there are no surviving parents or if they cannot be found or if there is, in the opinion of the Secretary, any other sufficient reason to dispense with their consent.
(3)  A non-adopted sibling of an adopted person who is less than 18 years of age is not entitled to receive any prescribed information held by an information source relating to the adopted person unless the non-adopted sibling produces to the information source an authority authorising the information source to supply the prescribed information issued by the Secretary.
(4)  The Secretary may issue, or refuse to issue, an authority to supply adoption information to a non-adopted sibling of an adopted person who is less than 18 years of age.
(5)  The Secretary may refuse to issue the authority only if, in the opinion of the Secretary, it would pose a risk to the safety, welfare or well-being of the adopted child or adoptive parents.
(6)  The Secretary is required to comply with any guidelines prescribed by the regulations in determining whether the supply of information poses a risk to the safety, welfare or well-being of an adopted child or adoptive parents.
(7)  The Secretary may issue an authority to supply adoption information under this section subject to conditions.
(8)  An information source must not supply any adoption information that is the subject of such an authority in contravention of any such conditions imposed by the Secretary.
(9)  In this section, a non-adopted sibling of an adopted person means a sibling of an adopted person who is not himself or herself an adopted person.
Division 2 Continuation of former access entitlements (adoptions before 2008 changes)
133H   Application of Division
This Division does not apply to adoptions to which Division 1 applies.
134   Adopted person’s rights
(cf AI Act s 6)
(1)  An adopted person is entitled to receive (subject to this Act):
(a)  the person’s original birth certificate, and
(b)  the person’s adopted person’s birth record, and
(c)  any prescribed information relating to the person’s birth parents held by an information source, and
(d)  any prescribed information relating to a sibling or an adopted brother or sister of the person held by an information source.
(2)  Despite subsection (1) (a), an intercountry adopted person is entitled to receive his or her original birth certificate only if such a certificate is held by an information source.
(3)  An adopted person who is less than 18 years of age is not entitled to receive his or her original birth certificate, adopted person’s birth record or prescribed information except with the consent of:
(a)  his or her surviving adoptive parents and surviving birth parents (as shown on the original birth certificate or adopted person’s birth record), or
(b)  the Secretary if there are no surviving adoptive parents or birth parents (as so shown) or if they cannot be found or if there is, in the opinion of the Secretary, any other sufficient reason to dispense with their consent.
(4)  An adopted person is not entitled to receive any prescribed information held by an information source unless the adopted person produces to the information source an authority authorising the information source to supply the prescribed information issued by the Secretary.
135   Adoptive parent’s rights
(cf AI Act s 7)
(1)  An adoptive parent of an adopted person is entitled to receive (subject to this Act):
(a)  the adopted person’s original birth certificate, and
(b)  the adopted person’s adopted person’s birth record, and
(c)  any prescribed information relating to the adopted person held by an information source.
(2)  Despite subsection (1) (a), the adoptive parents of an intercountry adopted person are entitled to receive the adopted person’s original birth certificate only if such a certificate is held by an information source.
(3)  The adoptive parent is not entitled to receive the original birth certificate or adopted person’s birth record unless the adopted person is 18 or more years old and consents to the adoptive parent receiving it.
136   Birth parent’s rights
(cf AI Act s 8)
(1)  A birth parent of an adopted person who is 18 or more years of age is entitled to receive (subject to this Act):
(a)  the amended birth certificate of the adopted person if a record of the adoption of the person is registered under the Births, Deaths and Marriages Registration Act 1995, and
(b)  the adopted person’s birth record, and
(c)  any prescribed information relating to the adopted person or the adoptive parents held by an information source.
(2)    (Repealed)
(3)  A birth parent is not entitled to receive any prescribed information held by an information source unless the birth parent produces to the information source an authority authorising the information source to supply the prescribed information issued by the Secretary, except as provided by subsection (6).
(4)  A designated person may supply a birth parent with prescribed information held by an information source about an adopted child who is less than 18 years of age without production of the amended birth certificate of the adopted person or authority to supply the adoption information if, in the opinion of the designated person, the information could not be used to identify the adopted person or his or her adoptive parents.
(5)  A birth parent of an adopted person may request the Secretary or a principal officer to take such action as is reasonable in the circumstances to ascertain from the child’s adoptive parents information of a kind prescribed by the regulations as to the current physical and emotional well-being of the child.
(6)  A birth parent of an adopted person is entitled to receive from the Secretary (or from an information source authorised to supply the information) any information obtained in response to a request made under subsection (5):
(a)  that the Secretary considers does not identify, or could not be used to identify, the adoptive parents, and
(b)  if, in the opinion of the Secretary, it would promote the welfare and best interests of either or both of the parties concerned.
(7)  In this section, a reference to a birth parent of an adopted person includes a reference to a presumptive father of an adopted person.
Note.
 Designated person is defined in the Dictionary.
136A   Discretion to withhold supply or to supply subject to conditions
(cf AI Act s 12A)
(1)  The following persons may request the Secretary to act under this section:
(a)  an adopted person who is 18 or more years old,
(b)  a birth parent,
(c)  an adoptive parent of a person who is less than 18 years of age,
(d)  an adoptive parent of a person who is 18 or more years of age and who has consented to the request being made.
(2)  The Secretary may, at the request of a person referred to in subsection (1):
(a)  refuse to issue an authority authorising an information source to supply adoption information to which an entitlement arises under this Division, or
(b)  supply such information subject to conditions specified in writing by the Secretary.
(3)  The Secretary may refuse to issue an authority to supply adoption information under this section only if, in the opinion of the Secretary, exceptional circumstances exist that make it necessary to do so to prevent serious harm to a party concerned.
(4)  Conditions that may be imposed by the Secretary under this section include conditions requiring the person entitled to the adoption information to undergo counselling by a person specified by the Secretary before the adoption information is supplied.
(5)  The Secretary must deal with a request under this section in accordance with any guidelines prescribed by the regulations.
(6)  An information source must not supply any adoption information that is the subject of an authority to supply adoption information imposing conditions on its supply unless the conditions are complied with.
(7)  The Secretary cannot delegate his or her functions under this section to any person other than a person employed in the Department.
Division 3 Miscellaneous
137   Access to adoption information by relatives and others after death of adopted person or birth parent
(cf AI Act s 9)
(1)  The Secretary may:
(a)  supply (or authorise an information source to supply) to a relative or spouse of a deceased adopted person or of a deceased birth parent, or to another person, the original or amended birth certificate or adopted person’s birth record of the adopted person or birth parent, or
(b)  supply to a relative or spouse of a deceased adopted person or of a deceased birth parent, or to another person, prescribed information relating to the adopted person or birth parent, or
(c)  after such consultation with the Registrar or other information source concerned as the Secretary considers necessary, authorise the Registrar or other information source to supply such a birth certificate or record or such information to a person nominated by the Secretary.
(2)  The Secretary must not supply adoption information to a person other than a relative or spouse (or authorise such action to be taken by an information source) unless the person had a close personal relationship with the deceased person.
(3)  The Secretary must not supply adoption information to any person (or authorise such action to be taken by an information source) unless the Secretary has taken into account any likely detriment to the welfare and best interests of any adopted person, birth parent, relative or spouse of the deceased person or the other person if the adoption information is supplied.
(4)  An information source so authorised by the Secretary to supply adoption information must supply that adoption information to the person nominated by the Secretary.
(5)  This section does not apply to prescribed information held by the Court.
(5A)  This section does not limit the entitlements of a non-adopted sibling of an adopted person under Division 1.
(6)    (Repealed)
138   Application for supply of adoption information
(cf AI Act s 10)
(1)  An application for authority to supply adoption information under this Part is to be made in writing to the Secretary, except as provided by this section.
(2)  An application for the supply of an original birth certificate under this Part may be made in writing:
(a)  if the person’s birth is registered under the Births, Deaths and Marriages Registration Act 1995—to the Registrar, or
(b)  if the person’s birth is not so registered but his or her original birth certificate is held by an information source—to that information source,
if the certificate is held by the Registrar or the information source.
(3)  An application for the supply of an adopted person’s birth record or an amended birth certificate under this Part may be made to the Registrar if the birth record or certificate is held by the Registrar.
(4)  An application for the supply of prescribed information held by an information source is to be made in writing to the information source.
(5)  The regulations may make provision for or with respect to the making of applications under this Part.
139   Persons designated to deal with applications
(cf AI Act s 11)
(1)  An application for the supply of adoption information under this Part is to be dealt with by the designated person.
(2)  The designated person is required to supply the adoption information if satisfied that the applicant is entitled under this Act to receive it.
(3)  This section does not apply to the Court.
Note.
 Designated person is defined in the Dictionary.
140   Discretion to supply adoption information
(cf AI Act s 12)
(1)  The Secretary may supply (or authorise an information source to supply) adoption information before an entitlement to it arises under this Part if, in the opinion of the Secretary, it would promote the welfare and best interests of either or both of the parties concerned.
(2)  The Secretary may act under subsection (1) in any case in which an entitlement to prescribed information has not arisen because of the failure to obtain a birth certificate, adopted person’s birth record or authority to supply adoption information under this Part.
(3)  The Secretary may supply (or authorise an information source to supply) adoption information or other information to any person who is not entitled under this Part to receive adoption information or other information under this Part if, in the opinion of the Secretary, it is reasonable to do so.
141   (Repealed)
142   Guidelines for release of prescribed information etc
(cf AI Act s 13)
An information source that supplies any adoption information pursuant to an application under this Act is required to comply with any relevant guidelines prescribed by the regulations.
143   Access to court records
(cf AI Act s 14)
(1)  A person is not entitled to receive prescribed information under this Act from records of proceedings in the Court relating to the adoption of a person, except as provided by this section.
(2)  A person may apply to the Court for the supply of the information.
(3)  The Court or a proper officer of the Court may supply the information to the person.
(4)  Rules of court may be made for or with respect to orders under this section.
143A   Application of State Records Act 1998
(1)  This Part has effect despite the provisions of the State Records Act 1998.
(2)  Accordingly, the provision of information or documents in accordance with this Part does not constitute an offence under that Act.
Part 3 Advance notice
144   Object of Part
(cf AI Act s 15A)
The object of this Part is to provide for an advance notice system that enables the release of personal information under this Chapter to be delayed for a fixed period to give the person requesting the delay the opportunity to prepare for the release and any impact this might have on the person or the person’s family or associates.
145   Definitions
(cf AI Act s 15B)
In this Part:
advance notice period means:
(a)  the period after an application for personal information relating to a person is made (not being greater than 3 months) prescribed by the regulations for the purposes of this paragraph, or
(b)  if the Secretary so directs in relation to a particular advance notice request, such longer period (not being greater than the period (if any) prescribed by the regulations for the purposes of this paragraph) after an application for personal information relating to a person is made as is specified by the Secretary.
nominated contact address means the address entered on the Advance Notice Register under section 148 (2) (b).
personal information relating to a person means:
(a)  the person’s original birth certificate, amended birth certificate or adopted person’s birth record, or
(b)  prescribed information relating to the person, or
(c)  if the regulations authorise supply of adoption information relating to the person on issue of authority to supply the adoption information—the authority.
146   Who may lodge an advance notice request?
(cf AI Act s 15C)
A person is entitled to lodge a request to be given advance notice before personal information relating to the person is given to another person if the person seeking to lodge the request is:
(a)  an adopted person who has reached the age of 17 years and 6 months, or
(b)  a birth parent, or
(c)  an adoptive parent.
147   How advance notice request is lodged
(cf AI Act s 15D)
(1)  A person entitled to lodge an advance notice request may do so by advising the Secretary in writing that he or she wishes to be notified if a particular person, or a person within a class of persons, entitled to receive the personal information concerned specified in the advice makes an application for personal information relating to the person lodging the advance notice request.
(2)  The advice is to be in a form approved by the Secretary.
(3)  An advance notice request is not duly lodged unless the person provides the Secretary with proof (to the satisfaction of the Secretary) of his or her identity.
(4)  A person lodging an advance notice request may also leave a message for a person concerned in or affected by an adoption with the Secretary.
148   Advance Notice Register
(cf AI Act s 15E)
(1)  The Secretary is to establish and maintain an Advance Notice Register.
(2)  There is to be entered in the Advance Notice Register:
(a)  the name of each person who has duly lodged an advance notice request, and
(b)  the address nominated by the person as the address at which any personal or postal contact by the Secretary with the person should be made, and
(c)  the date and place of birth of the person, and
(d)  the persons or class of persons affected by the request, and
(e)  the advance notice period.
(3)  The Secretary is to advise the relevant information source of each entry made in the Advance Notice Register.
(4)  A person whose name is entered in the Advance Notice Register must advise the Secretary of any change in his or her nominated contact address.
149   Secretary to delay issue of supply authority or prescribed information
(cf AI Act s 15F)
The Secretary is to delay the supply of personal information affected by an advance notice registration until the expiration of the advance notice period unless the registration is waived or cancelled under section 152.
150   Endorsement of details of advance notice request
(cf AI Act s 15G)
The Secretary is to advise the applicant for the supply of the personal information that it will not be supplied until the expiration of the advance notice period and of the reasons for the delay.
151   Expiration of advance notice registration
(cf AI Act s 15H)
An advance notice registration expires:
(a)  on expiration of the advance notice period, or
(b)  if the person who lodged the request for registration cancels it by notification in writing to the Secretary, or
(c)  if the person who lodged the request dies, or
(d)  if a contact veto is lodged by the person who lodged the request, or
(e)  if the person who lodged the request fails to notify the Secretary in writing of any change in his or her nominated contact address,
whichever first occurs.
152   Arrangements to waive advance notice period
(cf AI Act s 15I)
(1)  The Secretary may, at the request of a person seeking supply of personal information that is affected by an advance notice registration, ask the person who lodged the advance notice request whether he or she wishes to waive or cancel the registration.
(2)  The Secretary is not to do so unless the Secretary:
(a)  is of the opinion that the personal information is required urgently and that circumstances exist that justify asking the person to waive or cancel the registration in order to promote the welfare and best interests of either or both of the parties concerned, and
(b)  has consulted any person or body that the Secretary believes may be of assistance in assessing the merits of the request.
(3)  The Secretary may arrange for either or both of the parties concerned in a request under this section to be provided with such counselling as the Secretary believes is necessary to assist them and the Secretary in the matter.
(4)  The Secretary must deal with a request under this section in accordance with any guidelines prescribed by the regulations.
153   Notification to person who lodged advance notice request
(cf AI Act s 15J)
(1)  The Secretary is to notify a person who has lodged an advance notice request at the person’s nominated contact address of an application under this Part for the supply of personal information affected by the registration, unless it is not reasonably practicable to notify the person.
(2)  The Secretary is entitled to rely on the address shown in the Advance Notice Register for this purpose and is not subject to any action, liability, claim or demand in relation to any notification given in good faith at that address.
Part 4 Contact vetoes
154   Adopted person or birth parent may lodge contact veto
(cf AI Act s 16)
The following persons may lodge a contact veto:
(a)  an adopted person who has reached the age of 17 years and 6 months,
(b)  a birth parent.
155   Contact veto may be lodged only for adoptions before Adoption Information Act 1990
(cf AI Act s 17)
A person may lodge a contact veto only if:
(a)  the order for adoption of the adopted person was made under the Adoption of Children Act 1965 (or a former Act within the meaning of that Act) before the date of assent to the Adoption Information Act 1990, or
(b)  the adoption of the adopted person in another State or in a country outside Australia was recognised under the Adoption of Children Act 1965 as having been effected before the date of assent to the Adoption Information Act 1990.
Note.
 The date of assent to the Adoption Information Act 1990 was 26 October 1990.
156   How contact veto is lodged
(cf AI Act s 18)
(1)  A person entitled to lodge a contact veto may do so by notifying the Secretary in writing that he or she objects to contact being made with him or her by a person or any class of persons referred to in the notification.
(2)  The notification is to be in a form approved by the Secretary.
(3)  A contact veto is not duly lodged unless the person provides the Secretary with proof (to the satisfaction of the Secretary) of his or her identity.
(4)  A person lodging a contact veto may also leave a message for a person concerned in or affected by an adoption with the Secretary.
157   Contact Veto Register
(cf AI Act s 19)
(1)  The Secretary is to establish and maintain a Contact Veto Register.
(2)  There is to be entered in the Contact Veto Register:
(a)  the name of each person who has duly lodged a contact veto, and
(b)  the address nominated by the person as the address at which any personal or postal contact by the Secretary with the person should be made, and
(c)  the date and place of birth of the person, and
(d)  the persons or class of persons with whom the person objects to contact, and
(e)  the name and address for notification of each person who has duly requested under this Act that he or she be notified of the cancellation or variation of a contact veto.
158   Secretary to endorse details of contact veto on authority to supply adoption information
(cf AI Act s 21)
(1)  The Secretary must endorse details of any relevant contact veto on any authority to supply adoption information issued by the Secretary under this Act.
(2)  An information source (other than the Secretary) that is requested to supply an original birth certificate under this Act is required:
(a)  to ascertain from the Secretary whether there is a contact veto relating to the adopted person concerned, and
(b)  if so, to endorse details of the contact veto on the original birth certificate before it is supplied under this Act.
(3)  The regulations may require the Secretary to endorse details of each contact veto on any record of adoption of a person or other document concerning an adopted person to whom the contact veto relates that is supplied by the Secretary.
159   When contact veto takes effect
(cf AI Act s 22)
(1)  In this section, relevant period means the period of 5 working days or, if a different period is prescribed by the regulations, that period.
(2)  A contact veto takes effect on the expiration of the relevant period or after details of the contact veto are endorsed on the original birth certificate, amended birth certificate or authority to supply adoption information concerned, whichever occurs sooner.
160   Expiration of contact veto
(cf AI Act s 23)
A contact veto expires if:
(a)  the person who lodged the contact veto cancels it by notification in writing to the Secretary, or
(b)  the person who lodged the contact veto dies.
161   Arrangements to confirm, cancel or vary contact veto at request of person seeking contact
(cf AI Act s 24)
(1)  The Secretary may, on the Secretary’s own initiative or at the request of a person who has been refused contact under a contact veto, approach the person who lodged the contact veto and ask the person whether he or she:
(a)  wishes to confirm the contact veto, or
(b)  wishes to cancel the contact veto, or
(c)  wishes to vary the contact veto in so far as it relates to contact with the person who has made the request.
(2)  The Secretary is not to approach the person who lodged the contact veto unless the Secretary is of the opinion that circumstances exist that justify the approach in order to promote the welfare and best interests of either or both of the parties concerned.
(3)  The Secretary may consult any person or body that the Secretary believes may be of assistance in assessing the merits of the request.
(4)  The Secretary may arrange for either or both of the parties concerned in a request under this section to be provided with such counselling as the Secretary believes is necessary to assist them and the Secretary in the matter.
(5)  The Secretary must deal with a request under this section in accordance with any guidelines prescribed by the regulations.
162   Notification to person who lodged contact veto of request for information
(cf AI Act s 25)
(1)  The Secretary is required to notify a person who has lodged a contact veto of an application under this Act for the supply of adoption information made by any person with whom contact is refused, unless the Secretary is unaware of the application or it is not reasonably practicable to notify the person.
(2)  This subsection applies where a person is directed by the Civil and Administrative Tribunal under Part 4A of the Guardianship Act 1987 to make an application for supply of adoption information on behalf of a person with a disability with whom contact is refused. The Secretary is required to notify the person who lodged the contact veto if such an application is made.
163   Notification to person affected by contact veto of cancellation or variation
(cf AI Act s 26)
The Secretary is required to notify a person of any cancellation or variation of a contact veto that affects the person if the person requests the Secretary to do so at the time the person receives adoption information subject to the contact veto.
164   Undertakings not to contact person who has lodged contact veto
(cf AI Act s 27)
(1)  The Secretary or other information source is not to supply an original birth certificate or amended birth certificate endorsed with a contact veto against contact by the applicant unless the applicant has signed an undertaking that the applicant will not (while the contact veto remains in force):
(a)  contact or attempt to contact the person who has lodged the contact veto, or
(b)  procure another person to contact or attempt to contact the person.
(2)  An information source is not to supply any prescribed information to an adopted person relating to an adopted brother or sister unless the Secretary is notified of the application for the information and is given an opportunity to ascertain whether a contact veto has been lodged in relation to contact with the adopted person.
(3)  If such a contact veto has been lodged, an information source is not to supply the information unless the applicant has signed an undertaking of the kind referred to in subsection (1).
(4)  The Secretary may, as a condition of the supply to a person of any adoption information under section 140 (Discretion to supply adoption information) which is subject to a contact veto, require the person to sign an undertaking of the kind referred to in subsection (1).
(5)  This section does not apply to an applicant who has been directed by the Civil and Administrative Tribunal under Part 4A of the Guardianship Act 1987 to make the application on behalf of a person with a disability.
Part 5 Reunion and Information Register
165   Definition
(cf AI Act s 30)
In this Part:
register means the Reunion and Information Register established under this Part.
166   Reunion and Information Register
(cf AI Act s 31)
(1)  The Secretary is to establish and maintain a Reunion and Information Register.
(2)  There is to be entered in the register the name of every person who is eligible to have his or her name entered in the register and who:
(a)  has duly applied for entry of his or her name with a view to a reunion with a person from whom he or she has been separated as a consequence of an adoption, and
(b)  has duly applied for entry of his or her name with a view to leaving a message for a person concerned in or affected by an adoption, and
(c)  has duly applied for entry of his or her name with a view to obtaining information about the health and welfare of a person from whom he or she has been separated as a consequence of an adoption.
(3)  Application for entry in the register is to be made in a form approved by the Secretary.
167   Persons eligible to have their names entered in the register
(cf AI Act s 32)
(1)  The following persons are eligible to have their names entered in the register:
(a)  an adopted person,
(b)  a birth parent,
(c)  an adoptive parent,
(d)  any other person having an interest in an adopted person or birth parent (including a relative) who, in the opinion of the Secretary, ought to have his or her name entered in the register.
(2)  A person who is less than 18 years of age is not eligible to have his or her name entered in the register, except as provided by this section.
(3)  An adopted person who is less than 18 years of age is eligible to have his or her name entered in the register if:
(a)  the adopted person is 12 or more years of age and the person’s adoptive parents have consented in writing to his or her name being entered in the register, or
(b)  the adopted person is 16 or more years of age and is living separately and apart from his or her adoptive parents, or
(c)  the adopted person is 12 or more years of age and, in the opinion of the Secretary, special circumstances exist which make it desirable that his or her name should be entered in the register.
(4)  However, the Secretary is not to enter in the register the name of an adopted person who is less than 18 years of age unless the Secretary is of the opinion that to do so will promote the welfare and best interests of the adopted person.
(5)  The consent of an adoptive parent is not required under subsection (3) (a) for the entry in the register of the name of an adopted person who is less than 18 years of age if the adoptive parent:
(a)  is dead, or
(b)  cannot, after due search and inquiry, be found, or
(c)  is, in the opinion of the Secretary, incapable of giving consent.
(6)  The name of a person may not be entered in the register by another person on his or her behalf.
168   Message may be left
(cf AI Act s 31A)
Any person whose name is entered on the register may leave a message for any other person entitled (subject to this Act) to have his or her name entered in the register.
169   Secretary may refuse to enter name or take message
(cf AI Act s 31B)
The Secretary may refuse to enter the name of a person in the register or to accept a message from any person if, in the opinion of the Secretary, the person is not eligible to have the person’s name entered in the register or has not duly applied for entry of his or her name in the register.
170   Circumstances in which Secretary may open, inspect and copy message
(cf AI Act s 31C)
(1)  The Secretary may open, inspect and copy any message left under this Part for an adopted person who is less than 18 years of age.
(2)  The Secretary may, at the request of a person whose name is entered in the register or of the person for whom a message has been left under this Part, open and inspect the message.
171   Secretary may delay delivery of message
(cf AI Act s 31D)
The Secretary may delay giving a person a message that the Secretary has been requested to open and inspect if the Secretary is of the opinion that the content of the message is likely to be so distressing for the person that it should be made available to the person only in the presence of appropriate counsellors or other persons able to assist the person.
172   Regulations
(cf AI Act s 31E)
The regulations may make provision for or with respect to the leaving and delivery of messages under this Part.
173   Arrangements for reunion of registered persons
(cf AI Act s 33)
(1)  If the names of an adopted person and of a birth parent have been entered in the register under section 166 (2) (a), the Secretary may make arrangements for a reunion between the persons so registered.
(2)  If the names of an adopted person or birth parent and of a relative or other person having an interest in the adopted person or birth parent have been entered in the register under section 166 (2) (a), the Secretary may make arrangements for a reunion between the persons so registered.
(3)  The Secretary is not to arrange a reunion involving an adopted person who is less than 18 years of age if an adoptive parent refused to consent to the entry of the name of the adopted person in the register under section 166 (2) (a), unless:
(a)  the adoptive parent consents in writing to the reunion, or
(b)  the Secretary gives the adoptive parent not less than 90 days notice of the intention to arrange the reunion.
(4)  The Secretary must notify any person whose name is entered in the register under section 166 (2) (a) of the entry in the register of the name of any other person from whom that person has been separated as a consequence of adoption.
174   Location of persons not registered
(cf AI Act s 34)
(1)  If the name of an adopted person has been entered in the register under section 166 (2) (a), the Secretary may take such action as is reasonable in the circumstances to locate, or authorise an information source to locate, a birth parent or relative of the adopted person or any other person:
(a)  with whom the adopted person wishes to be reunited, or
(b)  whom the adopted person wishes to have contacted so that information may be obtained about his or her health and welfare,
so as to ascertain whether the person wishes to be reunited with the adopted person or to be so contacted.
(2)  If the name of a birth parent has been entered in the register under section 166 (2) (a), the Secretary may take such action as is reasonable in the circumstances to locate the adopted person, so as to ascertain whether the adopted person wishes to be reunited with the birth parent or to be contacted so information may be obtained about his or her health and welfare.
(3)  If the name of a relative or other person having an interest in an adopted person or birth parent has been entered in the register under section 166 (2) (a), the Secretary may take such action as is reasonable in the circumstances to locate the adopted person or birth parent, so as to ascertain whether the adopted person or birth parent wishes to be reunited with the relative or other person or to be contacted so information may be obtained about his or her health and welfare.
(4)  The Secretary may take action to locate a person under this section only if the Secretary is satisfied that it will promote the welfare and best interests of the parties concerned and it is appropriate to do so.
(5)  The Secretary may take action to locate a person under this section even though the person has not, by entering his or her name in the register, expressed a desire to be reunited with the person whose name is entered in the register or to be contacted so that information may be obtained about his or her health and welfare.
Part 6 Miscellaneous
175   Duties of Secretary and accredited adoption service providers
The Secretary, or an accredited adoption service provider, must ensure that information held by the Secretary or it, concerning a child’s origin, identity of birth parent and medical history is preserved and that access to such information is given to a person only in accordance with this Chapter.
175A   Disclosure of information for research purposes
(1)  The Secretary may enter into arrangements with a research organisation for the purposes of permitting the disclosure to the research organisation of information (including health information and personal information) that is held by the Department or an accredited adoption service provider about any of the following persons (an affected person):
(a)  a person involved in an adoption or prospective adoption as a birth parent, adoptive parent or child,
(b)  a person involved in out-of-home care as an authorised carer or child.
(2)  The Secretary is not to enter into arrangements under this section unless satisfied that those arrangements will ensure that:
(a)  reasonable steps will be taken to de-identify information disclosed under the arrangements, and
(b)  information disclosed under the arrangements will be treated by the research organisation as confidential, and
(c)  as far as is reasonably practicable, no publication that uses or is based on information disclosed under the arrangements will enable the identity of an affected person to be ascertained, and
(d)  as far as is reasonably practicable, any personal information disclosed under the arrangements will be used or dealt with in accordance with the information protection principles set out in sections 12, 17, 18 and 19 of the Privacy and Personal Information Protection Act 1998 as those principles would apply if the research organisation were a public sector agency.
Note.
 The Privacy and Personal Information Protection Act 1998 requires public sector agencies to deal with personal information in accordance with the information protection principles set out in that Act.
(3)  Before entering into arrangements for the disclosure of information under this section, the Secretary must consult with the Privacy Commissioner in relation to those arrangements.
(4)  A disclosure of information made in good faith under the arrangements does not constitute a contravention of any provision as to confidentiality in this Act and does not constitute a contravention of the Health Records and Information Privacy Act 2002 or the Privacy and Personal Information Protection Act 1998.
(5)  The provisions of the Health Records and Information Privacy Act 2002 apply to health information disclosed under the arrangements as if the research organisation were a private sector person (within the meaning of that Act).
Note.
 The Health Records and Information Privacy Act 2002 requires a private sector person that collects, holds or uses health information to comply with the health privacy principles provided for by that Act.
(6)  In this section:
health information has the same meaning as in the Health Records and Information Privacy Act 2002.
personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998.