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Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 23 November 2017 at 22:21)
Chapter 8 Part 2 Division 3
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(6)    (Repealed)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.