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Contents (2000 - 75)
Adoption Act 2000 No 75
Current version for 27 June 2017 to date (accessed 18 November 2017 at 15:25)
Chapter 8 Part 3
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.