Contents (2000 - 75)
Adoption Act 2000 No 75
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.