Adoption Act 1993 (ACT)
Adoption Act 1993
A1993-20
Republication No 25
Effective: 2 September 2023
Republication date: 2 September 2023
Last amendment made by A2020‑40
(republication for expiry of provision (s 122))
About this republication
The republished law
This is a republication of the Adoption Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 September 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 September 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Adoption Act 1993
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
Part 1A Objects and principles
4 Objects of Act 3
5 Best interests of child or young person paramount consideration 4
6 Aboriginal and Torres Strait Islander child or young person—additional requirements 5
Part 2 Jurisdiction
7 Proceedings 7
8 Rules of private international law not to apply 7
Part 3 Adoptions under this Act
Division 3.1 Who can be adopted?
9 Adoption of child or young person 8
10 Adoption of person 18 years old or older 8
11 Previous adoption immaterial 9
12 Frustration of immigration law 9
Division 3.2 Who can adopt?
13 Residency requirement 10
14 Additional requirements for adoption of child or young person 10
18 Approval of suitable people 11
19 Register of suitable people 11
Division 3.3 Consents to adoptions
26 Consents of parents and guardians 12
27 Information for certain parents considering consent 13
28 Consent of applicant not required 14
29 General or limited consents 14
30 Instrument of consent 14
31 Revocation of consent 15
32 Access during revocation period 15
33 Consents under law of a State or another Territory 16
34 Defective consents 16
35 Dispensing with consent 17
Division 3.4 Placement of child or young person before adoption
35A Placement of child or young person before adoption 18
35B Consultation with child or young person before deciding placement 20
Division 3.5 Guardianship before adoption
36 Guardianship before adoption 20
37 Guardianship of non-citizen child or young person 22
38 Transfer of guardianship of child or young person until adoption 22
39 Review of status of child or young person released for adoption 24
Division 3.6 Proceedings for an adoption order
39A Application for adoption order 24
39B Notice of application for adoption order 25
39C Parties to proceeding 25
39D Report on proposed adoption 26
39E Consultation with child or young person before adoption order made 27
39F Deciding application for adoption order for child or young person 28
39G Aboriginal or Torres Strait Islander child or young person 29
39H Adoption of non-citizen child or young person 30
39I Deciding application for adoption order for person 18 years old or older 30
39J Notification to director‑general of adoption order 30
39K Alternative orders on refusal of adoption order 31
39L Discharge of adoption order 31
Division 3.7 Conditional orders
40 Adoption order subject to certain conditions 34
41 Amendment of adoption condition 34
42 Cessation of condition 35
Division 3.8 Effect of adoption orders
43 General effect 35
44 Disposition of property 37
45 Names of adopted child or young person 38
46 Effect of order on domicile 40
47 Distribution of property by trustee or personal representative 40
48 Bequest by will to unascertained adopted person 41
49 Gifts between living people 43
Division 3.9 Interim orders
50 Making of order 44
51 Duration 44
52 Discharge 44
Part 4 Recognition of Australian adoptions
53 Recognition of Australian adoptions 45
Part 4A Intercountry and overseas adoption
Division 4A.1 Preliminary
54 Adoptions outside Australia—general 46
55 State central authority 46
56 Functions of State central authority 46
Division 4A.2 Convention on intercountry adoption
Subdivision 4A.2.1 Adoption under Convention
57 Adoption in ACT of ACT child or young person by parents from Convention country 47
57A Report on child for intercountry adoption 48
57B Adoption in ACT of child or young person from Convention country by ACT parents 49
57C Issue of adoption compliance certificate 50
Subdivision 4A.2.2 Recognition under Convention
57D Recognition of adoption of child or young person from Convention country in that country 50
57E Recognition of adoption of child or young person from Convention country to another Convention country 51
57F Effect of recognition 51
57G Refusal to recognise adoption or decision 51
57H Order terminating legal relationship between child or young person and parents 52
57I Evidential value of adoption compliance certificate 53
Division 4A.3 Bilateral arrangements for intercountry adoptions
57J Adoption in ACT of child or young person from prescribed overseas jurisdiction by ACT parents 54
57K Evidential value of adoption compliance certificate—div 4A.3 55
Division 4A.4 Recognition of other overseas adoptions
57L Recognition of adoption order made outside Australia 55
57M Declaration of validity of adoption order made outside Australia 56
Part 5 Access to information
Division 5.1 General
58 Definitions—pt 5 58
59 Application—pt 5 59
60 Confidentiality of records 59
61 Records of adoptions 60
62 Provision of information 61
Division 5.2 Non-identifying information
63 Right of access 62
64 Protection of privacy 63
65 Medical information 63
Division 5.3 Identifying information
66 Right of access 63
67 Recipient of application 63
68 Restriction on entitlement to apply 64
69 Assistance in obtaining approval 65
70 Objection to contact—adoptions before Adoption Amendment Act 2009 (No 2) 65
71 Contact veto by person other than adopted person—adoptions before Adoption Amendment Act 2009 (No 2) 66
72 Counselling services 67
73 Declaration that contact not be attempted 68
74 Birth details of adopted person born overseas 69
75 Application to court in absence of consent 69
76 Other person’s right to information 70
77 Family information service 70
78 Adoption information register 71
79 Contact veto register 72
80 Reunion information register 72
Part 6 Private adoption agencies
81 Application for approval 73
82 Grant or refusal of approval 73
83 Change in principal officer 74
84 Effect of action by principal officer 74
85 Revocation or suspension of approval 74
86 Effect of cessation of approved agency 75
87 Requirements for private adoption agencies 75
Part 7 Offences
88 Territorial application of pt 7 76
89 Taking away etc of adopted child or young person by birth parent 76
90 Receiving or harbouring child or young person 76
91 Interfering with upbringing of child or young person 77
92 Approval of communications 77
93 Director‑general’s report for prosecution 78
94 Payments in consideration of adoptions etc 78
95 Unauthorised arrangements for adoption 79
96 Unauthorised advertising 80
97 Restriction on publication of identity of parties 80
99 Personation of person whose consent to adoption is required 81
100 Presenting consent obtained by fraud etc 82
101 Improperly witnessing consent 82
Part 7A Notification and review of decisions
102 Meaning of reviewable decision—pt 7A 83
103 Reviewable decision notices 83
103A Applications for review 83
Part 8 Miscellaneous
104 Registration of orders 84
105 Memoranda of orders interstate 84
106 Particulars of interstate orders 85
107 Legal representation of child or young person 85
108 Notification to parents 86
108A Financial support of adopted children and young people 86
111 Authority to prosecute 87
112 Hearings to be in camera 87
113 Contents of reports not to be disclosed 87
114 Restriction on inspection of records 88
115 Director‑general may appear at hearings 88
116 Proof of adoptions 88
118 Determination of fees 88
120A Approved forms 89
121 Regulation-making power 89
Schedule 1 Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 90
Dictionary109
Endnotes
1 About the endnotes 115
2 Abbreviation key 115
3 Legislation history 116
4 Amendment history 121
5 Earlier republications 136
6 Expired transitional or validating provisions 138
Adoption Act 1993
An Act relating to the adoption of children and young people
Part 1Preliminary
Name of Act
This Act is the Adoption Act 1993.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘adoptive relative, for part 5 (Access to information)—see section 58.’ means that the term ‘adoptive relative’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Part 1AObjects and principles
Objects of Act
The main objects of this Act include—
(a)ensuring that the best interests of the child or young person are the paramount consideration in the adoption of a child or young person; and
(b)providing an adoption process that promotes the wellbeing and care of children and young people in a way that recognises the child’s or young person’s right—
(i)to grow in a safe and stable environment; and
(ii)to be cared for by a suitable family and to establish enduring relationships; and
(iii)to know about family background and culture and have the opportunity to maintain or develop cultural identity; and
(c)ensuring that the Aboriginal and Torres Strait Islander people are included and participate in any adoption of an Aboriginal or Torres Strait Islander child or young person; and
(d)ensuring that adoption is centred on the needs of the child or young person rather than an adult wanting to care for a child or young person; and
(e)consulting with the child or young person throughout the adoption process and, wherever possible, taking the child’s or young person’s views into account; and
(f)recognising a birth parent’s involvement in making decisions about their child’s future; and
(g)providing for adoption plans to recognise the intentions of parties in an adoption; and
(h)ensuring that equivalent standards apply for a child or young person adopted from the ACT and a child or young person adopted from overseas; and
(i)ensuring that the adoption process in the ACT complies with Australia’s international obligations, in particular the obligations arising under the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.
NoteThe text of the Convention is set out in sch 1.
Best interests of child or young person paramount consideration
(1)A person making a decision under this Act in relation to a child or young person must regard the best interests of the child or young person as the paramount consideration.
(2)In forming a view about the best interests of a child or young person, a person making a decision under this Act must take into account the following:
(a)the likely effect of the decision on the life course of the child or young person taking into account the need to preserve their cultural inheritance, personal identity and sense of belonging;
(b)the child’s or young person’s age, level of understanding, level of maturity, gender, personal characteristics and individual circumstances;
(c)the child’s or young person’s cultural, physical, emotional, intellectual, and educational needs;
(d)the views expressed by the child or young person in relation to the decision (including views expressed with adequate and appropriate support to actively participate, to the best of their ability, in consultation related to the decision);
(e)taking into account the benefit of maintaining meaningful relationships, the likely effect of the decision on the child’s or young person’s relationship with the following people:
(i)the child’s or young person’s birth parents;
(ii)the child’s or young person’s siblings (if any);
(iii)the child’s or young person’s other relatives;
(iv)carers or other significant people in the child’s or young person’s life;
(f)the relationship the child or young person has with the adoptive parents;
(g)the suitability and capacity of the adoptive parents to meet the child’s or young person’s needs;
(h)the alternatives to adoption for the child or young person to secure permanent family arrangements;
(i)the continuity and sense of belonging that comes from a child or young person having stable emotional and physical living conditions;
(j)the need to protect the child or young person from physical or psychological harm associated with exposure to abuse, neglect or family violence.
Aboriginal and Torres Strait Islander child or young person—additional requirements
In addition to section 5, a person making a decision under this Act in relation to an Aboriginal or Torres Strait Islander child or young person must—
(a)take into account the need for the child or young person to maintain a connection with the lifestyle, culture and traditions of the child’s or young person’s Aboriginal or Torres Strait Islander community; and
(b)seek and consider submissions about the child or young person made by or on behalf of any Aboriginal or Torres Strait Islander people or organisations identified by the director‑general as providing ongoing support services to the child or young person or the child’s or young person’s family; and
(c)take into account Aboriginal and Torres Strait Islander traditions and cultural values (including kinship rules) as identified by reference to the child’s or young person’s family and kinship relationships and the community with which the child or young person has the strongest affiliation.
Part 2Jurisdiction
Proceedings
Jurisdiction is conferred on the court to hear and determine proceedings on applications for the making of adoption orders and other orders under this Act.
Rules of private international law not to apply
(1)The jurisdiction of the Supreme Court under this Act is not dependent on any fact or circumstance not stated in this Act.
(2)Without limiting subsection (1), the common law rules of private international law do not apply in relation to matters arising under this Act.
Part 3Adoptions under this Act
Division 3.1 Who can be adopted?
Adoption of child or young person
An adoption order may be made for a person who—
(a)was under 18 years old on the day the application was filed in the court; and
(b)is present in the ACT.
Adoption of person 18 years old or older
(1)An adoption order may be made for a person who was 18 years old or older on the day the application was filed in the court if—
(a)the applicant or applicants have been in a care-giving relationship with the person; and
(b)the person has received physical, emotional, intellectual and educational support from the applicant or applicants; and
(c)the person, or at least 1 applicant, is ordinarily resident in the ACT.
(2)The following provisions of this Act do not apply to the adoption of a person who was 18 years old or older on the day the application was filed in the court:
(a)division 3.2 (Who can adopt?);
(b)division 3.3 (Consents to adoptions) other than the following:
(i)section 28 (Consent of applicant not required);
(ii)section 30 (Instrument of consent);
(iii)section 34 (1);
(c)division 3.4 (Placement of child or young person before adoption);
(d)division 3.5 (Guardianship before adoption);
(e)division 3.6 (Proceedings for an adoption order) other than the following:
(i)section 39A (2);
(ii)section 39B (1) (a), (2) and (3);
(iii)section 39C (Parties to proceeding);
(iv)section 39I (Deciding application for adoption order for person 18 years old or older);
(v)section 39L (Discharge of adoption order);
(f)division 3.7 (Conditional orders);
(g)section 45 (Names of adopted child or young person);
(h)section 46 (Effect of order on domicile);
(i)division 3.9 (Interim orders).
Previous adoption immaterial
An adoption order may be made even if the person has previously been adopted, before or after the commencement of this Act, in the ACT or elsewhere.
Frustration of immigration law
An adoption order must not be made if the court considers that it is being sought primarily as a means of evading the operation of a law of the Commonwealth relating to immigration.
Division 3.2 Who can adopt?
Residency requirement
(1)An adoption order may only be made in favour of a person, or 2 people, who are ordinarily resident in the ACT.
(2)This section does not apply to an adoption order under section 57 (Adoption in ACT of ACT child or young person by parents from Convention country).
Additional requirements for adoption of child or young person
An adoption order for a child or young person may be made in favour of a person only if—
(a)the person is on the register of suitable people; and
(b)for an order to be made in favour of 2 people jointly—
(i)they have lived together in a domestic partnership for at least 3 years (whether or not married or in a civil union); and
(ii)the court considers they have demonstrated the stability of, and their commitment to, their domestic partnership; and
(c)for an order to be made in favour of 1 person only—the person either—
(i)is a step parent of the child or young person; or
(ii)is not in a domestic partnership; and
(d)if the person is a step-parent of the child or young person—the Family Court of Australia has given the step-parent leave to commence a proceeding for the adoption of the child or young person under the Family Law Act 1975 (Cwlth), section 60G (Family Court may grant leave for adoption proceedings by prescribed adopting parent); and
(e)if the person is a relative of the child or young person—the court considers that—
(i)the family circumstances mean that it would be beneficial for the child or young person if the relationships within the family were redefined in the way the order would redefine them; and
(ii)it would not be preferable to make an order relating to guardianship or custody of the child or young person.
Approval of suitable people
(1)A person may apply in writing to the director‑general for approval to be registered as suitable for the placement of a child or young person for adoption.
(2)The director‑general must—
(a)approve the application; or
(b)refuse to approve the application.
(3)In deciding the application, the director‑general must consider whether the applicant is suitable for the placement of a child or young person for adoption having regard to the criteria set out in section 39F (1) (c) (Deciding application for adoption order for child or young person).
(4)The director‑general must not approve an application if the applicant is not ordinarily resident in the ACT.
Register of suitable people
(1)The director‑general must keep—
(a)a register of people whose application to be registered as suitable for the placement of a child or young person for adoption has been approved; and
(b)records of people whose application to be registered as suitable for the placement of a child or young person for adoption—
(i)has been refused; or
(ii)has been approved, but for which the approval has been withdrawn.
(2)The director‑general may review the register kept under subsection (1) (a) and—
(a)must remove a person from the register if satisfied on reasonable grounds that the person is no longer suitable having regard to the criteria set out in section 39F (1) (c) (Deciding application for adoption order for child or young person); and
(b)may remove a person from the register if satisfied on reasonable grounds that the person is no longer ordinarily resident in the ACT.
(3)If the director‑general removes a person from the register under subsection (2), the director‑general must give the person written notice of the removal.
Division 3.3 Consents to adoptions
Consents of parents and guardians
(1)Subject to this division, an adoption order must not be made for a child or young person unless consent to the adoption has been given by—
(a)if the child or young person has not previously been adopted—
(i)each parent of the child or young person; and
(ii)each guardian of the child or young person; or
(b)if the child or young person has previously been adopted—
(i)each adoptive parent of the child or young person; and
(ii)each guardian of the child or young person.
(2)A reference in subsection (1) (a) (i) to a parent of a child or young person does not include a reference to the father of the child or young person unless he is presumed to be the father under the Parentage Act 2004.
(3)Consent of a person is not required if the court is satisfied that the person is dead.
Information for certain parents considering consent
(1)This section applies if the director‑general knows that—
(a)a parent is considering consenting to the adoption of a child in the 28 days following the birth of the child; or
(b)a parent under 18 years old is considering consenting to the adoption of a child.
(2)The director‑general must offer the parent—
(a)information about—
(i)the time period for providing the consent; and
(ii)the process for revocation of consent; and
(iii)alternatives to adoption; and
(iv)future contact with the child; and
(b)the opportunity for counselling, if requested.
(3)The director‑general must ensure a parent mentioned in subsection (1) (b) has access to independent legal advice.
Consent of applicant not required
If a person whose consent to an adoption would, but for this section, be required is an applicant for the adoption order, the consent of that person is not required.
General or limited consents
(1)For this Act, consent to the adoption of a child or young person may be general or limited.
(2)A general consent is a consent to the adoption of the child or young person by any person or persons in accordance with the law of the Territory, and has effect accordingly.
(3)A limited consent is a consent to the adoption of the child or young person—
(a)by a relative of the child or young person; or
(b)by a person who has been appointed as a guardian of the child or young person by order of a court; or
(c)by a person in whose custody the child or young person has been placed by the director‑general in accordance with a law of the Territory; or
(d)by a step-parent.
Instrument of consent
A consent to an adoption must be by an instrument signed by the person giving consent and attested as prescribed under the regulations.
NoteIf a form is approved under s 120A (Approved forms) for a consent, the form must be used.
Revocation of consent
(1)A person who consents to the adoption of a child or young person may revoke the consent only by filing a notice of revocation in the Supreme Court before the end of—
(a)28 days after the day the instrument of consent is signed; or
(b)if before the end of the 28-day period the person files in the Supreme Court a notice stating the person needs further time—14 days after the end of the 28-day period.
(2)A period applying under subsection (1) may not be extended.
(3)Subsection (2) has effect despite the Legislation Act, section 151C (Power to extend time).
(4)The registrar of the Supreme Court must tell the director‑general in writing about a notice filed under subsection (1).
(5)When the period within which a person’s consent to the adoption of a child or young person may be revoked ends, the director‑general must tell the person in writing.
Access during revocation period
(1)A person whose consent to the adoption of a child or young person is required is entitled to have access to the child or young person before the end of the period during which that consent may be revoked unless the director‑general, by notice in writing served on that person, informs that person that access is denied.
(2)The director‑general must not give a notice under subsection (1) unless satisfied that it is necessary for protecting the best interests of the child or young person to do so.
Consents under law of a State or another Territory
A consent to the adoption of a child or young person given by a person in accordance with the law of a State or another Territory that would be an effective consent under that law if the application had been an application for a corresponding order under that law is, if the consent of that person is required, an effective consent for this Act.
Defective consents
(1)The court may refuse to make an adoption order if it appears to the court that—
(a)any required consent was—
(i)not given in accordance with this Act; or
(ii)obtained by fraud, duress or other improper means; or
(b)an instrument of consent has been altered in a material particular without the authority of the person who gave the consent; or
(c)when an instrument of consent was signed, the person who gave or purported to give the consent was not in a fit condition to give the consent or did not understand the nature of the consent.
(2)An adoption order must not be made under an instrument of consent signed by the mother of the child before the birth of the child.
(3)An adoption order must not be made under an instrument of consent signed by the mother of the child before the end of 28 days after the day on which the child was born unless—
(a)the court is of the opinion that there are circumstances that justify the instrument being treated as an effective consent; or
(b)the consent—
(i)was given in accordance with a law of a State or another Territory; and
(ii)is, because of section 33, an effective consent for this Act.
Dispensing with consent
(1)On application, the court may, by order, dispense with the requirement for consent of a person to the adoption of a child or young person if the court is satisfied that—
(a)either—
(i)the person cannot, after reasonable inquiry, be identified or located; or
(ii)the person’s identity cannot be established; or
(b)the person is not able to make a fully informed decision in relation to the consent despite receiving adequate and appropriate support to make the decision to the best of their ability; or
(c)it is necessary in the best interests of the child or young person to dispense with the requirement for consent of the person.
NoteIf a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
(2)On an application for an order under subsection (1), the court may require the director-general to do one or both of the following:
(a)investigate a matter;
(b)make an assessment of the best interests of the child or young person.
NoteSee s 5 and s 6 for the matters that must be taken into account by a decision-maker in forming a view about the best interests of a child or young person.
(3)The director-general must give the court a written report detailing the conclusion of an investigation or assessment made under subsection (2).
(4)To facilitate the making of arrangements for the adoption of a child or young person, on the application of the director‑general or the principal officer of a private adoption agency, the court may make an order under subsection (1) before an application for an adoption order has been made, and the first order has effect for the purpose of any subsequent application for an adoption order.
(5)On the application of the director‑general or of the person the requirement for whose consent was dispensed with, the court may revoke an order made because of subsection (4) at any time before making an adoption order.
Division 3.4 Placement of child or young person before adoption
35APlacement of child or young person before adoption
(1)The director‑general may place a child or young person in the care of a person if—
(a)the director‑general is the guardian of the child or young person; and
(b)the person—
(i)is on the register of suitable people; and
(ii)intends to apply for an adoption order for the child or young person; and
(iii)has asked the director‑general, in writing, to place the child or young person in the person’s care until the application is decided; and
NoteIf a form is approved under s 120A for this provision, the form must be used.
(c)the child or young person has been consulted under section 35B; and
(d)if the child or young person is an Aboriginal or Torres Strait Islander child or young person—the additional requirements mentioned in section 6 (Aboriginal and Torres Strait Islander child or young person—additional requirements) have been complied with.
(2)The director‑general must not place a child or young person in the care of a person under subsection (1) unless the director‑general considers that the person is suitable to adopt the particular child or young person having regard to the criteria set out in section 39F (1) (c) (Deciding application for adoption order for child or young person).
(3)The director‑general must remove a child or young person from the care of a person with whom the child or young person has been placed under this section if—
(a)the person is no longer on the register of suitable people; or
(b)the director‑general considers that the person is no longer suitable to adopt the particular child or young person having regard to the criteria set out in section 39F (1) (c); or
(c)within 1 year after the child or young person is placed in the care of the person under this section, the person has not applied for an adoption order for the child or young person.
(4)A person given care of a child under this section has daily care responsibility for the child or young person.
(5)In this section:
daily care responsibility—see the Children and Young People Act 2008, section 19.
35BConsultation with child or young person before deciding placement
(1)Before deciding about the placement of a child or young person under section 35A, the director‑general must, if reasonably practicable, give the child or young person—
(a)information about the proposed placement, in language and in a way that the child or young person can understand; and
(b)the opportunity to freely express his or her views about the proposed placement; and
(c)assistance in understanding the information provided and in expressing his or her views, if required; and
(d)the opportunity for counselling, if required.
(2)The consultation under subsection (1) must be appropriate taking into account the best interests of the child or young person.
NoteSee s 5 for the matters that must be taken into account by a decision‑maker in forming a view about the best interests of a child or young person.
Division 3.5 Guardianship before adoption
Guardianship before adoption
(1)The director‑general is the guardian of a child or young person for all purposes except section 26 (Consents of parents and guardians) if—
(a)each person required to consent to the adoption of the child or young person under section 26 has consented; or
(b)the requirement for consent has been dispensed with under section 35 (Dispensing with consent).
(2)However, subsection (1) does not apply in relation to a child or young person if—
(a)the application for adoption is made by a step-parent and a parent of the child or young person has a continuing role as a parent; or
(b)the principal officer of a private adoption agency is the guardian of the child or young person for all purposes except section 26 (Consents of parents and guardians) because of subsection (3); or
(c)a declaration under section 38 that the child or young person is under the guardianship of an authority in a State or another Territory is in force; or
(d)the director‑general has long-term care responsibility for the child or young person under the Children and Young People Act 2008.
(3)The principal officer of a private adoption agency is the guardian of a child or young person for all purposes except section 26 (Consents of parents and guardians) if—
(a)each person whose consent to the adoption is required has consented and has, in writing, authorised the private adoption agency to make arrangements with a view to the adoption; and
(b)the principal officer of the private adoption agency has told the director‑general in writing that he or she is willing to assume the guardianship of the child or young person.
(4)A guardianship under subsection (1) or (3) continues until—
(a)an adoption order is made; or
(b)any consent given is revoked; or
(c)the court makes an order relating to the guardianship of the child or young person.
Guardianship of non-citizen child or young person
(1)This section applies in relation to a non-citizen child or young person—
(a)brought from a place outside Australia for adoption in the ACT; or
(b)adopted outside Australia if the adoption is not recognised under this Act, part 4A.
(2)The director‑general is the guardian of the child or young person while the child or young person is ordinarily resident in the ACT until—
(a)the child or young person turns 18 years old; or
(b)an adoption order is made; or
(c)the court makes an order relating to the guardianship of the child or young person; or
(d)the child or young person leaves Australia with the intention of remaining outside Australia permanently.
NoteThe Minister for Immigration of the Commonwealth is the guardian of a child arriving in Australia and subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth) until an adoption order is made. The responsibility for guardianship is delegated to the director‑general under s 5 of the Immigration (Guardianship of Children) Act 1946 (Cwlth).
Transfer of guardianship of child or young person until adoption
(1)On receiving a request in writing by or for the authority in a State or another Territory having the guardianship of a child or young person in respect of whom consents with a view to adoption in the ACT have been given or dispensed with, the director‑general may, in writing, declare that the child or young person is under the guardianship of the director‑general while the child or young person is domiciled or resident in the ACT.
(2)If a declaration under subsection (1) has effect, then, while the child or young person is domiciled or resident in the ACT, the director‑general is the guardian of the child or young person until—
(a)the child or young person attains the age of 18 years; or
(b)an adoption order is made; or
(c)the court makes an order relating to the guardianship of the child or young person.
(3)A declaration under subsection (1) ceases to have effect if the child or young person ceases to be under the guardianship of the authority in the State or other Territory.
(4)If, in the opinion of the director‑general, a law of a State or another Territory contains a provision corresponding to this section, the director‑general may request the authority having the guardianship of children or young people until adoption in that State or Territory to declare that, while a child or young person of whom the director‑general is the guardian under this Act (being a child or young person in respect of whom consents with a view to adoption in that State or Territory have been given or dispensed with) is domiciled or resident in that State or Territory, the child or young person is under the guardianship of that authority.
(5)While a declaration under subsection (4) has effect, the functions and obligations of the director‑general as guardian of the child or young person are suspended.
(6)Subsection (5) does not apply in relation to the exercise by the director‑general of a function in respect of a child or young person under an arrangement made under subsection (7).
(7)The director‑general may, on behalf of the Territory, make financial or other arrangements with an authority mentioned in subsection (1) or (4) in respect of a child or young person while the child or young person is under the guardianship of the director‑general or that authority.
(8)The director‑general may make arrangements for the return of a child or young person who is under the guardianship of the director‑general under this section to his or her former custody.
Review of status of child or young person released for adoption
(1)If—
(a)all required consents to the adoption of a child or young person have been given; and
(b)the child or young person has not been—
(i)placed for adoption within 1 year; or
(ii)adopted within 1 year after being placed for adoption;
the director‑general must apply to the court for an order under this section.
(2)On an application under subsection (1), the court may—
(a)review the status of the child or young person; and
(b)make any orders in relation to guardianship or custody of the child or young person, or any other orders to promote the best interests of the child or young person, that the court thinks fit.
Division 3.6 Proceedings for an adoption order
39AApplication for adoption order
(1)A person (the applicant) may apply to the court for an adoption order for a child or young person if an adoption order for the child or young person may be made in favour of the applicant under this part or part 4A (Intercountry and overseas adoption).
(2)A person (the applicant) may apply to the court for an adoption order for a person who is 18 years old or older if an adoption order for the person may be made in favour of the applicant under section 10.
NoteIf a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
39BNotice of application for adoption order
(1)An adoption order must not be made unless the applicant has, not later than 28 days before the return date for the application, served written notice of the application and its return date on—
(a)anyone whose consent to the adoption is required but whose consent has not been given; and
(b)anyone whose consent is not required but with whom the child or young person lives or who has guardianship or custody of the child or young person.
NoteIf a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
(2)On application, the court may dispense with the requirement to serve notice under subsection (1).
(3)If it appears to the court to be necessary in the interests of justice, the court may, on application or its own initiative, direct that notice of an application for an adoption order and its return date be served on anyone.
39CParties to proceeding
The court may permit anyone the court thinks fit to be joined as a party to a proceeding on an application for an adoption order for the purpose of—
(a)opposing the application; or
(b)opposing an application to dispense with a requirement for a consent.
39DReport on proposed adoption
(1)The director‑general, or the principal officer of a private adoption agency that made the arrangements that resulted in an application for an adoption order for a child or young person, must give a written report to the court.
(2)The written report must include—
(a)information about the circumstances of the child or young person; and
(b)information about the proposed adoption, including the applicant’s reputation, ability to fulfil the responsibility of a parent and suitability to adopt the particular child or young person; and
(c)an adoption plan.
(3)The adoption plan may include anything that is appropriate taking into account the best interests of the child or young person, including—
(a)the preferences of a parent of the child or young person and of any person whose consent is required for the adoption in relation to the social, religious and financial characteristics of the adoptive family; and
(b)arrangements for exchanging information about the child’s or young person’s medical background or condition; and
(c)arrangements for ongoing contact between the child or young person and 1 or more of the following:
(i)a parent of the child or young person;
(ii)a person whose consent is required for the adoption;
(iii)a person who otherwise has a significant relationship with the child or young person; and
(d)the way the child or young person is to develop an understanding about his or her family background and culture and have the opportunity to maintain or develop cultural identity.
NoteSee s 5 for the matters that must be taken into account by a decision‑maker in forming a view about the best interests of a child or young person.
(4)If the child or young person is under the guardianship of an authority in a State or another Territory having functions under the law of that State or Territory corresponding to those of the director‑general, the court may be given a report from that authority about the circumstances of the child or young person and the proposed adoption in addition to or instead of a report mentioned in subsection (1).
(5)A written report is not required under this section if the application is for an adoption order mentioned in section 57 (Adoption in ACT of ACT child or young person by parents from Convention country).
NoteFor these applications, a report by the director‑general is required under s 57A.
39EConsultation with child or young person before adoption order made
(1)Before making an adoption order for a child or young person, the court must be satisfied that, if reasonably practicable, the director‑general has given the child or young person—
(a)information about the proposed adoption, in language and in a way that the child or young person can understand; and
(b)the opportunity to freely express his or her views about the proposed adoption; and
(c)assistance in understanding the information provided and in expressing his or her views, if required; and
(d)the opportunity for counselling, if required.
(2)The consultation under subsection (1) must be appropriate taking into account the best interests of the child or young person.
NoteSee s 5 for the matters that must be taken into account by a decision‑maker in forming a view about the best interests of a child or young person.
39FDeciding application for adoption order for child or young person
(1)The court must not make an adoption order for a child or young person unless—
(a)each consent required under division 3.3 has been given; and
(b)the period within which each required consent may be revoked has expired without the consent having been revoked; and
(c)after considering the report or reports given to it under section 39D (Report on proposed adoption) or section 57A (Report on child for intercountry adoption) and any other evidence, the court considers that—
(i)each applicant is of good reputation and able to fulfil the responsibility of the parent of a child or young person (including protecting a child’s or young person’s physical and emotional well being); and
(ii)each applicant is suitable to adopt the particular child or young person having regard to—
(A)the applicant’s age, education and attitude to adoption; and
(B)the applicant’s physical, mental and emotional health, particularly as it impacts on capacity to nurture the child or young person; and
(C)any other relevant consideration; and
(iii)the adoption is in the best interests of the child or young person.
(2)In deciding whether or not to make an adoption order, the court must have regard to—
(a)the views expressed by the child or young person in the consultation required under section 39E (Consultation with child or young person before adoption order made); and
(b)any preferences expressed in an adoption plan given to the court as part of a report required under section 39D (Report on proposed adoption).
NoteAdditional requirements apply to certain intercountry adoptions. See the following sections:
· s 57 (3) (Adoption in ACT of ACT child or young person by parents from Convention country);
· s 57B (3) (Adoption in ACT of child or young person from Convention country by ACT parents);
· s 57J (2) (Adoption in ACT of child or young person from prescribed overseas jurisdiction by ACT parents).
39GAboriginal or Torres Strait Islander child or young person
(1)This section is in addition to, and does not limit, section 39F.
(2)An adoption order must not be made for an Aboriginal or Torres Strait Islander child or young person unless the court is satisfied that—
(a)the additional requirements mentioned in section 6 (Aboriginal and Torres Strait Islander child or young person—additional requirements) have been complied with; and
(b)it is not practicable for the child or young person to remain in the care of the birth parents or a responsible person; and
(c)the choice of the adoptive parents has been made having regard to the desirability of the child or young person—
(i)being in the care of a person who is a member of an Aboriginal or Torres Strait Islander community; and
(ii)being able to establish and maintain contact with his or her birth parents, any responsible person and the Aboriginal or Torres Strait Islander community of which the child or young person is or was a member.
39HAdoption of non-citizen child or young person
An adoption order must not be made for a non-citizen child or young person unless the court is satisfied that the provisions of part 4A (Intercountry and overseas adoption) have been complied with.
39IDeciding application for adoption order for person 18 years old or older
The court must not make an adoption order for a person who was 18 years old or older on the day the application was filed in the court unless—
(a)the person consents to the adoption by the applicant or applicants; and
(b)the court is satisfied that the applicant or applicants are of good reputation.
39JNotification to director‑general of adoption order
The registrar of the court must notify the director‑general in writing if the court makes an adoption order.
39KAlternative orders on refusal of adoption order
(1)If the court refuses to make an adoption order for a child or young person, the court may—
(a)if it considers that the child’s or young person’s best interests would be promoted by doing so—make an order relating to guardianship or custody of the child or young person; and
(b)make any other order it thinks fit.
(2)An order under subsection (1) (a) may be made in favour of the director‑general or any other person.
39LDischarge of adoption order
(1)On application by a prescribed person, the court may make an order (a discharging order) discharging an adoption order if the court considers that—
(a)the adoption order, or any consent to the adoption, was obtained by fraud, duress or other improper means; or
(b)there are other circumstances that justify the discharging order.
(2)For subsection (1) (b), a breakdown in the relationship between the adopted person and the adoptive parents must not be taken to constitute a circumstance justifying a discharging order.
(3)A discharging order must not be made if it appears to the court that the making of the order would be prejudicial to the best interests of the adopted person.
(4)On an application under subsection (1), the court may require the director‑general to investigate the matter and to provide a written report to the court.
(5)A discharging order must not be made unless the applicant has, not later than 28 days before the return date for the application, served written notice of the application and its return date on—
(a)if the adopted person is 12 years old or older—the adopted person; and
(b)each adoptive parent; and
(c)each person whose consent to the adoption was required.
NoteIf a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
(6)On application, the court may dispense with the requirement to serve notice under subsection (5).
(7)If the court makes a discharging order, the court may, at the same time or subsequently, make any consequential or ancillary orders it thinks fit to promote the best interests of the adopted person, or otherwise in the interests of justice, including orders relating to—
(a)the person’s name; or
(b)the ownership of property; or
(c)if the person is a child or young person—
(i)guardianship or custody of the person; or
(ii)the place of residence of the person.
(8)Subject to any order made under subsection (7) and to section 43 (3), the rights, privileges, obligations, liabilities and relationships under the law of the Territory of the person and of all other people are, on the making of a discharging order, the same as if the adoption order had not been made, but without prejudice to—
(a)anything lawfully done while the adoption order was in force; or
(b)the consequences of anything unlawfully done while the adoption order was in force; or
(c)any right or interest that became vested in any person while the adoption order was in force.
(9)If an adoption order that has been discharged was made under a general consent, then, unless the court otherwise orders, that consent remains effective for the purpose of a further application for an adoption order about the same person.
(10)In this section:
adoption order includes an order for the adoption of a person made under a repealed law.
prescribed person, in relation to an application for a discharging order for a person, means the Minister, the director‑general, the public advocate, the adopted person, an adoptive parent or a person whose consent to the adoption was required.
repealed law means any of the following Acts or an Ordinance repealed by any of the following Acts:
(a)Adoption of Children Act 1965;
(b)Adoption of Children Act 1974;
(c)Adoption of Children (Amendment) Act 1979;
(d)Adoption of Children (Amendment) Act 1983;
(e)Adoption of Children (Amendment) Act 1988;
(f)Adoption of Children (Amendment) Act 1991.
Division 3.7 Conditional orders
Adoption order subject to certain conditions
If the court is of the opinion that—
(a)circumstances exist that justify it doing so, whether because of the age of the child or young person or otherwise; and
(b)the birth parents and the adoptive parents have, after the required consents were given, agreed that the adoption order should be subject to certain conditions;
the court may make the adoption order subject to either or both of the following conditions:
(c)a condition that such birth parents and such relatives of the child or young person as are stated in the order have such right of access to the child or young person as is stated in the order;
(d)a condition that the adoptive parents of the child or young person provide information about the child or young person to the director‑general or principal officer of a private adoption agency to be given to the birth parents at such periods and in accordance with such terms as are stated in the order.
Amendment of adoption condition
(1)If the court is of the opinion that the best interests of an adopted child or young person would be best served by a condition referred to in section 40 to which the adoption order is subject being amended, the court must, on application by an adoptive parent, a birth parent who consented to the adoption or by or on behalf of the adopted child or young person, by order amend the condition.
(2)An application under subsection (1) must be accompanied by a report from the director‑general.
(3)An amendment of a condition must not grant to a person greater rights of access to an adopted child or young person unless the adoptive parents agree and the court is satisfied that, so far as practicable, the wishes and feelings of the child or young person have been ascertained and due consideration given to them having regard to the age and understanding of the child or young person.
(4)For subsection (3) the court may inform itself in any way it thinks fit.
Cessation of condition
An adoption order ceases to be subject to a condition mentioned in section 40—
(a)if the condition is omitted; or
(b)when the adopted child or young person attains the age of 18 years.
Division 3.8 Effect of adoption orders
General effect
(1)Subject to this Act and the provisions of any other Territory law that expressly distinguishes between adopted people and other people, on the making of an adoption order, for all purposes—
(a)the adopted person becomes in law a child of the adoptive parents, and the adoptive parents become in law the parents of the adopted person as if the adopted person had been born to the adoptive parents; and
(b)the adopted person ceases to be a child of the birth parents or of any person (a pre-adoption parent) who was an adoptive parent before the making of the adoption order, and any such pre‑adoption parent ceases to be a parent of the adopted person; and
(c)if the order is made in favour of a step-parent—the relationship of the adopted person with the parent living in a domestic partnership with the step-parent is not affected; and
(d)the relationship to one another of all people (including the adopted person and the adoptive parents, birth parents or any former adoptive parent) must be decided on the basis of paragraphs (a), (b) and (c) so far as they are relevant; and
(e)any existing appointment of a person as guardian of the adopted person ceases to have effect; and
(f)any previous adoption of the adopted person (whether under a Territory law or otherwise) ceases to have effect.
(2)However, an adoption order does not exclude any right of inheritance that the adopted person might otherwise have from or through a deceased person if—
(a)1 of the birth or former adoptive parents of an adopted person has died; and
(b)an adoption order is made in favour of a step-parent after that death.
(3)Despite subsection (1), for any law of the Territory relating to a sexual offence, being a law under which the relationship between persons is relevant, an adoption order, or an order discharging an adoption order, must not be taken to cause the cessation of any relationship that would otherwise have existed, and any such relationship is taken to exist in addition to any relationship that exists because of the application of that subsection or because of the discharge of the adoption order.
Disposition of property
(1)Section 43 (1) has effect in relation to dispositions of property, whether by will or otherwise, and whether made before or after the commencement of this Act, except that the subsection does not effect a disposition of property—
(a)by a person who, or by persons any of whom, died before the commencement of this Act; or
(b)that has taken effect in possession before the commencement of this Act.
(2)Section 43 (1) does not apply in relation to an agreement or instrument (not being a disposition of property) made or executed before the commencement of this Act.
(3)If—
(a)before the commencement of this Act, a person made, by an instrument other than a will, a disposition of property; and
(b)the disposition had not taken effect in possession before the commencement of this Act; and
(c)it did not appear from the instrument that it was the intention of that person to include an adopted child as an object of the disposition;
that person may, even though the instrument could not, apart from this subsection, be revoked or varied, by a like instrument, vary the first instrument to exclude an adopted child (whether adopted under this Act or otherwise) from participation in any right, benefit or privilege under the instrument.
(4)In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this Act, an adoption order made under this Act has the same effect as if the repealed laws had continued in force and the adoption order had been made under those laws.
(5)Nothing in section 43 or in this section affects the operation of any provision in a will or other instrument (whether made or coming into operation before or after the commencement of this Act) distinguishing between adopted children and children other than adopted children.
(6)In this section:
repealed laws means the following Acts or the Ordinances repealed by any of the following Acts:
(a)Adoption of Children Act 1965;
(b)Adoption of Children Act 1974;
(c)Adoption of Children (Amendment) Act 1979;
(d)Adoption of Children (Amendment) Act 1983;
(e)Adoption of Children (Amendment) Act 1988;
(f)Adoption of Children (Amendment) Act 1991.
Names of adopted child or young person
(1)On the making of an adoption order for a child or young person, the court may change the name of the child or young person, on the application of either of the adoptive parents.
(2)In deciding the name of a child or young person, the court must consider—
(a)the best interests of the child or young person; and
(b)the child’s or young person’s right to retain his or her name and identity.
(3)The court may approve any of the following as a family name for an adopted child or young person:
(a)if both adoptive parents are known by the same family name—that name;
(b)the maiden name or other family name of the child’s or young person’s mother;
(c)the family name of the child’s or young person’s father;
(d)the family name or former family name of any previous parent of the child or young person;
(e)a family name formed by combining the parent’s family names or any previous parent’s family names.
(4)If an adoptive parent is applying for an order to change a child’s or young person’s given name, the director‑general must provide the court with a written report about—
(a)the proposed name change; and
(b)any exceptional circumstances; and
(c)the best interests of the child or young person.
NoteSee s 5 and s 6 for the matters that must be taken into account by a decision-maker in forming a view about the best interests of a child or young person.
(5)In considering an application to change the given name of the adopted child or young person, the court—
(a)must consider the report provided under subsection (4); and
(b)must retain the child’s or young person’s given name unless there are exceptional circumstances for changing the name; and
(c)may give the child or young person additional given names.
Example—par (b)
An exceptional circumstance would be if the given name is likely to make the child or young person vulnerable to ridicule or teasing in every day life in Australian society.
(6)The registrar of the court must notify the registrar-general under the Births, Deaths and Marriages Registration Act 1997 if a child’s or young person’s name is changed under this section.
(7)This section does not prevent the changing of any name of an adopted child or young person, after the making of the adoption order, in accordance with the law of the Territory.
NoteThe Births, Deaths and Marriages Registration Act 1997, s 19 allows parents to apply for a change of name of a child.
Effect of order on domicile
(1)On the making of an adoption order, the adopted child or young person acquires the domicile of the adoptive parents at the date on which the adoption order was made and after that date the child’s or young person’s domicile must be determined as if the child or young person had been born to the adoptive parents.
(2)The domicile acquired under subsection (1) by an adopted child or young person must for all purposes be taken to be also the child’s or young person’s domicile of origin.
Distribution of property by trustee or personal representative
(1)Despite any other provision of this Act, a trustee or personal representative may, subject to this section, convey, transfer or distribute property to or among the persons appearing to be entitled to the property without having ascertained whether or not an adoption order has been made as a consequence of which a person is or is not entitled to an interest in the property.
(2)A trustee or personal representative conveying, transferring or distributing property as mentioned in subsection (1) must not be liable to a person claiming directly or indirectly because of the making of an adoption order unless the trustee or personal representative had notice of the claim before the time of the conveyance, transfer or distribution.
(3)Nothing in this section prejudices the right of a person to follow property into the hands of a person, other than a bona fide purchaser for value without notice, who has received it.
Bequest by will to unascertained adopted person
(1)If, under a will made after the commencement of this Act—
(a)a disposition of property or of an interest in property (a bequest) is expressed to be made by the testator to a person (the beneficiary) who is not named but who is described as a child of the testator or of a domestic partner, parent, child, brother or sister of the testator, being a person who was adopted by another person; and
(b)the personal representative of the testator is unable to ascertain the name and address of the beneficiary;
the personal representative must give to the public trustee and guardian a copy of the will and a statement that he or she is unable to ascertain the name and address of the beneficiary.
NoteFor the meaning of domestic partner, see Legislation Act, s 169.
(2)If the public trustee and guardian is given a copy of a will under subsection (1), the public trustee and guardian must, in writing, request the director‑general to ascertain and give to the public trustee and guardian the name and address of the beneficiary.
(3)If the director‑general receives a request under subsection (2), the director‑general must examine the records in the possession of the director‑general and, if necessary, ask a private adoption agency or other body or person to attempt to ascertain the name and address of the beneficiary or, if the beneficiary has died, the date of the death, and the director‑general must tell the public trustee and guardian the results of the examination and enquiries.
(4)If the information received from the director‑general does not show the name and address of the beneficiary, or shows that the beneficiary has died, the public trustee and guardian must inform the personal representative accordingly.
(5)If the information received from the director‑general shows the name and address of the beneficiary, the public trustee and guardian must, if the beneficiary has attained the age of 18 years—
(a)find out whether the beneficiary wishes to accept the bequest; and
(b)if the beneficiary does not wish to accept the bequest—inform the personal representative accordingly; and
(c)if the beneficiary does wish to accept the bequest—inform the personal representative that the proceeds of the bequest should be transferred to the public trustee and guardian on behalf of the beneficiary; and
(d)on receiving the proceeds of the bequest—transmit the proceeds to the beneficiary.
(6)If the information received from the director‑general shows the name and address of the beneficiary, the public trustee and guardian must, if the beneficiary has not attained the age of 18 years—
(a)inform the personal representative that the proceeds of the bequest should be transferred to the public trustee and guardian to be held in trust for the beneficiary; and
(b)hold the proceeds of the bequest in trust for the beneficiary on the trusts (if any) set out in or arising under the will until the beneficiary attains the age of 18 years; and
(c)on the beneficiary attaining the age of 18 years, transfer the proceeds of the bequest to the beneficiary (unless the beneficiary then disclaims the bequest).
(7)If the personal representative transfers the proceeds of a bequest to the public trustee and guardian under this section, the personal representative is taken to have transferred the bequest to the beneficiary.
(8)If the public trustee and guardian gives to the personal representative a written statement to the effect that the beneficiary has disclaimed a bequest to which the beneficiary was entitled under the will that statement is, for the purpose of the administration of the estate by the personal representative, conclusive evidence that the beneficiary has disclaimed the bequest.
(9)The public trustee and guardian must not, in information conveyed to a personal representative under this section, include particulars that identify or tend to identify the adopted person.
Gifts between living people
(1)Section 48 applies in relation to a deed executed after the commencement of this Act by which a gift of money is expressed to be made by a person (the donor) to a person who is not named but who is described as the child of the donor or of a domestic partner, parent, child, brother or sister of the donor, being a person who has been adopted by another person.
NoteFor the meaning of domestic partner, see Legislation Act, s 169.
(2)In the application of section 48 because of subsection (1), that section has effect as if—
(a)a reference in that section to a will were a reference to the deed of gift; and
(b)a reference in that section to the testator or to a personal representative were a reference to the donor; and
(c)a reference in that section to property or to an interest in property were a reference to the money that is the subject of the gift.
Division 3.9 Interim orders
Making of order
(1)On an application to the court for an adoption order, the court may postpone a decision on the application and make an interim order in favour of the applicants for the custody of the child or young person.
(2)An interim order may be subject to any terms and conditions relating to the maintenance, education and wellbeing of the child or young person that the court thinks fit.
(3)An interim order must not be made in favour of any person unless an adoption order in respect of the child or young person could be made in favour of the person.
Duration
(1)Subject to subsection (2) and to section 52, an interim order remains in force for the period, not exceeding 1 year, that the court states in the order and for any further periods that the court orders.
(2)An interim order must not be in force for periods exceeding, in total, 2 years.
Discharge
(1)The court may, at any time, make an order discharging an interim order, and may make any order for the custody of the child or young person that the court thinks fit.
(2)An interim order ceases to have effect on the making of an adoption order in respect of the child or young person, whether made in the ACT, a State or another Territory.
Part 4Recognition of Australian adoptions
Recognition of Australian adoptions
An order for the adoption of a person that was made in a State or another Territory (whether before or after the commencement of this Act) has the same effect as an adoption order made under this Act if the order—
(a)was made in accordance with the law of the State or Territory; and
(b)has not been rescinded under the law of the State or Territory.
Part 4AIntercountry and overseas adoption
Division 4A.1 Preliminary
Adoptions outside Australia—general
(1)The adoption of a person in a country outside Australia (whether before or after the commencement of this section) does not have effect as an adoption for the law of the Territory, except as provided for in this part.
(2)However, nothing in this part affects any right that was acquired by, or became vested in, a person before the commencement of this part.
State central authority
(1)The director‑general is the State central authority for the ACT for the purposes of the Convention, article 6 (2).
(2)The director‑general must tell the Commonwealth central authority—
(a)that the director‑general is the State central authority for the ACT; and
(b)the address and functions of the State central authority for the ACT.
Functions of State central authority
(1)Subject to subsection (2), the State central authority for the ACT—
(a)has all the duties of a central authority under the Convention; and
(b)may exercise all of the powers of a central authority under the Convention.
(2)The functions of the State central authority for the ACT do not include any functions that are functions of the Commonwealth central authority under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth).
Division 4A.2 Convention on intercountry adoption
Subdivision 4A.2.1 Adoption under Convention
Adoption in ACT of ACT child or young person by parents from Convention country
(1)The court may make an adoption order for the adoption of a child or young person who is habitually resident in the ACT by a prospective adoptive parent or parents who are habitually resident in a Convention country.
NoteConvention country does not include Australia—see the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth), reg 4.
(2)Division 3.2 (Who can adopt?) does not apply to an adoption order under this section.
(3)In addition to the matters set out in section 39F (Deciding application for adoption order for child or young person), the court must not make the order unless satisfied that—
(a)the report mentioned in section 57A has been given to the central authority of the Convention country; and
(b)the central authority of the Convention country has agreed to the adoption of the child or young person; and
(c)the central authority of the Convention country has agreed to recognise the ACT adoption order as a full and permanent adoption order in the Convention country; and
(d)the prospective adoptive parent or parents are present in the ACT when the adoption order is made.
(4)The court must not make the order if the child or young person is not allowed to leave Australia—
(a)under a law of the Commonwealth, a State or another Territory; or
(b)because of an order of a court of the Commonwealth, a State or another Territory.
57AReport on child for intercountry adoption
(1)For an adoption order mentioned in section 57, the director‑general must prepare a written report that includes—
(a)information about the identity, background, social environment, family and medical history of the child or young person; and
(b)evidence that each consent required under division 3.3 has been given, or that the requirement for consent has been dispensed with; and
(c)details of the consideration given to placing the child or young person for adoption in Australia and any other action that could be taken to care for the child or young person in Australia; and
(d)an assessment of whether the director‑general is satisfied that the child should be adopted outside Australia; and
(e)information about the circumstances and suitability of the prospective adoptive parent or parents.
(2)A copy of the report must be given to—
(a)the court; and
(b)the central authority of the Convention country where the prospective adoptive parent or parents are habitually resident.
57BAdoption in ACT of child or young person from Convention country by ACT parents
(1)The court may make an adoption order for the adoption of a child or young person who is habitually resident in a Convention country by a prospective adoptive parent or parents who are on the register of suitable people.
NoteFor the register of suitable people, see s 19.
(2)In addition to the matters set out in section 39F (Deciding application for adoption order for child or young person), the court must not make the order unless satisfied that—
(a)the central authority of the Convention country has agreed to the adoption of the child or young person; and
(b)the child or young person is allowed to reside permanently in Australia; and
(c)the child or young person is present in the ACT when the adoption order is made; and
(d)arrangements for adoption of the child or young person have been made by the director‑general or a private adoption agency.
(3)For subsection (2) (b), a child or young person is not allowed to reside permanently in Australia if the child or young person is affected by a law of the Commonwealth, a State or Territory, or by an order of a Commonwealth, State or Territory court, the effect of which is to prevent the child or young person permanently residing in Australia.
NoteA child entering Australia before the order is made is subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth). See this Act, s 37.
57CIssue of adoption compliance certificate
If the court has made an adoption order for the adoption of a child or young person under section 57 or section 57B, the State central authority for the ACT may issue an adoption compliance certificate.
NoteAdoption compliance certificate—see the dictionary.
Subdivision 4A.2.2 Recognition under Convention
57DRecognition of adoption of child or young person from Convention country in that country
(1)This section applies if—
(a)an adoption (whether before or after the commencement of this section) by a person who is habitually resident in the ACT, of a child or young person who is habitually resident in a Convention country, is granted in that country; and
(b)arrangements for adoption of the child or young person have been made by the director‑general or a private adoption agency; and
(c)an adoption compliance certificate issued (whether before or after the commencement of this section) in the Convention country is in force for the adoption.
NoteAdoption compliance certificate—see the dictionary.
(2)Subject to section 57G (Refusal to recognise adoption or decision), the adoption is recognised and effective, for the law of the Territory, on and after the day the certificate becomes effective.
57ERecognition of adoption of child or young person from Convention country to another Convention country
(1)This section applies if—
(a)an adoption (whether before or after the commencement of this section) by a person who is habitually resident in a Convention country, of a child or young person who is habitually resident in another Convention country, is granted; and
(b)an adoption compliance certificate issued (whether before or after the commencement of this section) in the Convention country in which the adoption is granted is in force for the adoption.
(2)Subject to section 57G (Refusal to recognise adoption or decision), the adoption is recognised and effective, for the law of the Territory, on and after the day the certificate becomes effective.
57FEffect of recognition
(1)Subject to subsection (2), for the law of the Territory, an adoption of a child or young person that is recognised and effective under section 57D or section 57E is to be treated as having the same effect as an adoption order made under this Act.
NoteSee s 43 (General effect) and the Convention, art 26 and 27. The text of the Convention is set out in sch 1.
(2)The legal relationship between the child or young person and the individuals who were, immediately before the adoption, the child’s or young person’s parents is terminated if the law of the Convention country where the adoption was granted provides that the adoption of the child or young person terminates the legal relationship.
57GRefusal to recognise adoption or decision
(1)The director‑general may apply to the court for a declaration that an adoption or decision made in accordance with the Convention, article 27 is not recognised.
(2)The court may make the declaration if satisfied that the adoption or decision is manifestly contrary to public policy, taking into account the best interests of the child or young person.
(b)for the ACT—the director‑general.
contact veto register means the register established under section 79.
Convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption signed at the Hague on 29 May 1993, a copy of the English text of which is set out in schedule 1.
Convention country—see the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth), regulation 4.
NoteFor the purposes of reg 4 Australia is not a Convention country.
country includes part of a country.
court means the Supreme Court.
disposition of property includes the grant or exercise of a power of appointment in respect of property.
general consent means a general consent under section 29 (2).
guardian, in relation to a child or young person, includes—
(a)a person having the custody of the child or young person under an order of a court; and
(b)a person who is the guardian of the child or young person (whether to the exclusion of, or in addition to, a parent or other guardian) under a law of the Territory, the Commonwealth, a State or another Territory; and
(c)someone with parental responsibility for the long-term care, wellbeing and development of the child or young person, whether by order of a court or otherwise.
identifying information, for part 5 (Access to information)—see section 58.
information, for part 5 (Access to information)—see section 58.
instrument of consent means an instrument of consent to an adoption under section 30.
intercountry adoption means the adoption—
(a)by a person habitually resident in the ACT of a non-citizen child or young person from a country outside Australia; or
(b)by a person habitually resident in a country outside Australia of a child or young person habitually resident in the ACT.
interim order means an order under section 50.
limited consent means a limited consent under section 29 (3).
non-citizen child or young person has the same meaning as non‑citizen child in the Immigration (Guardianship of Children) Act 1946 (Cwlth).
prescribed overseas jurisdiction means a jurisdiction mentioned in the Commonwealth Bilateral Arrangements Regulation, schedule 1.
principal officer, for a private adoption agency, means the person stated as its principal officer in—
(a)its application for approval under section 81; or
(b)its latest notification to the director‑general under section 83.
private adoption agency means a charitable organisation approved as a private adoption agency under section 82.
register of births means the register under the Births, Deaths and Marriages Registration Act 1997.
register of suitable people means the register kept under section 19.
relative, of a child or young person, means a grandparent, brother, sister, uncle or aunt of the child or young person, whether or not the relationship is—
(a)traced through birth or depends on adoption; or
(b)for a brother or sister—of the whole blood or half-blood.
relevant administrative unit means the administrative unit that is the responsibility of the Minister for the time being administering this Act.
relevant authority, for part 5 (Access to information)—see section 58.
responsible person, in relation to an Aboriginal or Torres Strait Islander child or young person, means—
(a)a person who, in accordance with the traditions and customs of the Aboriginal or Torres Strait Islander community of which the child or young person is a member, has responsibility for, or an interest in, the wellbeing of the child or young person; or
(b)if the child or young person is not in the custody of any person or is in the custody of a person who is not either a parent of the child or young person or a member of an Aboriginal or Torres Strait Islander community—a person who, in accordance with the traditions and customs of the Aboriginal or Torres Strait Islander community of which a parent of the child or young person is or was a member, has responsibility for, or an interest in, the wellbeing of the child or young person.
reunion information register means the register established under section 80.
reviewable decision, for part 7A (Notification and review of decisions)—see section 102.
service means the adoption information service maintained under section 77.
State central authority, for the ACT, means the authority mentioned in section 55.
step-parent, of a child or young person, means a person who—
(a)is not a parent of the child or young person; and
(b)whether married or not, has lived in a domestic partnership for not less than 3 years with a parent of the child or young person.
young person means—
(a)a person who is 12 years old or older, but not yet an adult; and
(b)in relation to an application for an adoption order—a person who is an adult but for whom the application for an adoption order was filed in the court before the person became an adult.
NoteAdult is defined in the Legislation Act, dict, pt 1.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Adoption Act 1993 A1993‑20
notified 2 April 1993 (Gaz 1993 No S46)
s 1, s 2 commenced 2 April 1993 (s 2 (1))remainder (ss 3-121) commenced 31 July 1993 (s 2 (2) and Gaz 1993 No 28)
as amended by
Acts Revision (Position of Crown) Act 1993 A1993‑44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
sch 2 commenced 27 August 1993 (s 2)
Registrar-General (Consequential Provisions) Act 1993 A1993‑64 sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))sch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No S207)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 4
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))sch 1 pt 4 commenced 1 July 1994 (s 2 (2) and see Gaz 1994 No S142)
Administrative Appeals (Consequential Amendments) Act 1994 A1994‑60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)
Statute Law Revision (Penalties) Act 1994 A1994‑81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994‑97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))sch 1 commenced 1 June 1998 (s 2 (2))
Births, Deaths and Marriages Registration (Consequential Provisions) Act 1997 A1997-113 sch
notified 24 December 1997 (Gaz 1997 No S420)
s 1, s 2 commenced 24 December 1997 (s 2 (1))sch commenced 24 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Children and Young People (Consequential Amendments) Act 1999 A1999‑64 sch 2
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (s 2 (1))sch 2 commenced 10 May 2000 (s 2 (2))
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 7
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 7 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Parentage Act 2004 A2004-1 sch 1 pt 1.2
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.2 commenced 22 March 2004 (s 2 and CN2004-3)Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.2
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.2 commenced 9 April 2004 (s 2 (1))
Public Advocate Act 2005 A2005-47 sch 1 pt 1.1 (as am by A2006‑3 amdt 1.8)
notified LR 2 September 2005
s 1, s 2 commenced 2 September 2005 (LA s 75 (1))
sch 1 pt 1.1 commenced 1 March 2006 (s 2 (1) as am by A2006‑3 amdt 1.8)Human Rights Commission Legislation Amendment Act 2006
A2006-3 amdt 1.8notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.8 commenced 23 February 2006 (s 2)NoteThis Act only amends the Public Advocate Act 2005 A2005-47
Civil Unions Act 2006 A2006-22 sch 1 pt 1.2
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.2 never commencedNoteAct repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.4
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))sch 2 pt 2.4 commenced 29 September 2006 (s 2 (1))
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.1
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))sch 3 pt 3.1 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.1
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.1 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.2
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.2 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Adoption Amendment Act 2009 A2009-6
notified LR 5 March 2009
s 1, s 2 commenced 5 March 2009 (LA s 75 (1))
remainder commenced 6 March 2009 (s 2)Adoption Amendment Act 2009 (No 2) A2009-36
notified LR 22 October 2009
s 1, s 2 commenced 22 October 2009 (LA s 75 (1))
remainder commenced 22 April 2010 (s 2 and LA s 79)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.5
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.5 commenced 1 July 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.2
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)Civil Unions Act 2012 A2012-40 sch 3 pt 3.2
notified LR 4 September 2012
s 1, s 2 commenced 4 September 2012 (LA s 75 (1))
sch 3 pt 3.2 commenced 11 September 2012 (s 2)Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.2
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))sch 1 pt 1.2 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Children and Young People Legislation Amendment Act 2016 A2016‑38 pt 2
notified LR 22 June 2016
s 1, s 2 commenced 22 June 2016 (LA s 75 (1))pt 2 commenced 23 June 2016 (s 2)
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.3
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.3 commenced 9 March 2017 (s 2)Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.2
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.2 commenced 14 November 2019 (s 2 (1))Adoption Amendment Act 2020 A2020-39
notified LR 20 August 2020
s 1, s 2 commenced 20 August 2020 (LA s 75 (1))
remainder commenced 1 September 2020 (s 2)Births, Deaths and Marriages Registration Amendment Act 2020 A2020‑40 sch 1
notified LR 20 August 2020
s 1, s 2 commenced 20 August 2020 (LA s 75 (1))
sch 1 commenced 20 August 2021 (s 2 (2))Amendment history
Long Title
long titlesub A2009‑36 s 4
Dictionary
s 2om A2001‑44 amdt 1.48
ins A2008‑28 amdt 3.8
Notes
s 3om A1999‑64 sch 2
ins A2008‑28 amdt 3.8
Objects and principles
pt 1A hdgins A2009‑36 s 5
Objects of Act
s 4defs reloc to dict A2008‑28 amdt 3.7
om A2008‑28 amdt 3.8
ins A2009‑36 s 5
def community advocate om A2005‑47 amdt 1.1
def determined fee om A2001‑44 amdt 1.49
def Director sub A1994‑97 sch pt 1
om A1999‑64 sch 2
def file om A2006‑40 amdt 2.48
def repealed laws om A2008‑28 amdt 3.6
Best interests of child or young person paramount consideration
s 5om A1993‑44 sch 2
ins A2009‑36 s 5
sub A2020‑39 s 4
Aboriginal and Torres Strait Islander child or young person—additional requirements
s 6sub A2009‑36 s 5
am A2011‑22 amdt 1.25
Who can be adopted?
div 3.1 hdg(prev pt 3 div 1 hdg) renum as div 3.1 hdg R4 LA
sub A2009‑36 s 6
Adoption of child or young person
s 9am A2004‑1 amdt 1.2, amdt 1.3; A2006‑40 amdt 2.49
sub A2009‑36 s 6
Adoption of person 18 years old or older
s 10am A2009‑6 s 4
sub A2009‑36 s 6; A2020‑39 s 5
Previous adoption immaterial
s 11sub A2009‑36 s 6
Frustration of immigration law
s 12sub A2009‑36 s 6
Who can adopt?
div 3.2 hdgorig div 3.2 hdg
(prev pt 3 div 2 hdg) renum as div 3.2 hdg and then renum as div 3.3 hdg
pres div 3.2 hdg
ins A2009‑36 s 6
Residency requirement
s 13 hdgsub A2006‑22 amdt 1.8 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
s 13am A2006‑22 amdt 1.9 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
sub A2009‑6 s 5; A2009‑36 s 6
Additional requirements for adoption of child or young person
s 14sub A2009‑36 s 6
am A2012‑40 amdt 3.9
sub A2016‑38 s 4
Adoption by step-parent
s 15am A1999‑64 sch 2
sub A2009‑36 s 6
om A2016‑38 s 4
Adoption by one person
s 16am A1999‑64 sch 2
sub A2009‑36 s 6
om A2016‑38 s 4
Adoption by relative
s 17am A1999‑64 sch 2; A2008‑20 amdt 3.1; A2008‑37 amdt 1.9
sub A2009‑36 s 6
om A2016‑38 s 4
Approval of suitable people
s 18am A2004‑1 amdts 1.4-1.6; A2006‑22 amdt 1.10, amdt 1.11 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
sub A2009‑36 s 6
am A2011‑22 amdt 1.25
Register of suitable people
s 19am A1999‑64 sch 2
sub A2009‑36 s 6
am A2011‑22 amdt 1.25
Overseas child
s 20om A2009‑36 s 6
Aboriginal child
s 21om A2009‑36 s 6
Notice of application for adoption order
s 22sub A2006‑40 amdt 2.50
am A2008‑28 amdt 3.9
om A2009‑36 s 6
Parties to proceedings
s 23om A2009‑36 s 6
Notification to chief executive of adoption order
s 24am A1999‑64 sch 2
om A2009‑36 s 6
Alternative orders on refusal of adoption order
s 25am A1999‑64 sch 2
om A2009‑36 s 6
Consents to adoptions
div 3.3 hdgorig div 3.3 hdg
(prev pt 3 div 3 hdg) renum as div 3.3 hdg and then renum as div 3.7 hdg
pres div 3.3 hdg
(prev pt 3 div 2 hdg) renum as div 3.2 hdg R4 LA and then renum as div 3.3 hdg (see A2009‑36 s 7)
Consents of parents and guardians
s 26am A1999‑64 sch 2; A2005‑47 amdt 1.2; A2006‑40 amdt 2.51; A2008‑28 amdt 3.10
om A2009‑36 s 6
ins A2009‑36 s 8
Information for certain parents considering consent
s 27am A2004‑1 amdt 1.7
sub A2009‑36 s 8
am A2011‑22 amdt 1.25
General or limited consents
s 29am A1999‑64 sch 2; A2009‑36 s 9, s 72; A2011‑22 amdt 1.25
Instrument of consent
s 30sub A2001‑44 amdt 1.50
Revocation of consent
s 31am A1999‑64 sch 2
sub A2006‑40 amdt 2.52
am A2009‑36 s 10, s 11, s 72; A2011‑22 amdt 1.25
Access during revocation period
s 32am A1999‑64 sch 2; A2009‑36 s 12, s 72; A2011‑22 amdt 1.25
Consents under law of a State or another Territory
s 33am A2009‑36 s 72
Defective consents
s 34am A2009‑36 s 13
Dispensing with consent
s 35am A1999‑64 sch 2; A2008‑28 amdt 3.11; A2009‑36 s 14, s 72; A2011‑22 amdt 1.25; A2020‑39 s 6; ss renum R23 LA
Placement of child or young person before adoption
div 3.4 hdgorig div 3.4 hdg
(prev pt 3 div 4 hdg) renum as div 3.4 hdg and then renum as div 3.8 hdg
pres div 3.4 hdg
ins A2009‑36 s 15
Placement of child or young person before adoption
s 35Ains A2009‑36 s 15
am A2011‑22 amdt 1.25
Consultation with child or young person before deciding placement
s 35Bins A2009‑36 s 15
am A2011‑22 amdt 1.25
Guardianship before adoption
div 3.5 hdgorig div 3.5 hdg
(prev pt 3 div 5 hdg) renum as div 3.5 hdg and then renum as div 3.9 hdg
pres div 3.5 hdg
ins A2009‑36 s 16
Guardianship before adoption
s 36am A1999‑64 sch 2; A2008‑20 amdt 3.2
sub A2009‑36 s 17
am A2011‑22 amdt 1.25; A2016‑38 s 5
Guardianship of non-citizen child or young person
s 37am A1999‑64 sch 2
sub A2009‑36 s 17
am A2011‑22 amdt 1.25
Transfer of guardianship of child or young person until adoption
s 38 hdgam A2009‑36 s 72
s 38am A1999‑64 sch 2; A2009‑36 s 72, s 74; A2011‑22 amdt 1.25
Review of status of child or young person released for adoption
s 39 hdgam A2009‑36 s 72
s 39am A1999‑64 sch 2; A2009‑36 s 18, s 72; A2011‑22 amdt 1.25
Proceedings for an adoption order
div 3.6 hdgins A2009‑36 s 19
Application for adoption order
s 39Ains A2009‑36 s 19
Notice of application for adoption order
s 39Bins A2009‑36 s 19
Parties to proceeding
s 39Cins A2009‑36 s 19
Report on proposed adoption
s 39Dins A2009‑36 s 19
am A2011‑22 amdt 1.25
Consultation with child or young person before adoption order made
s 39Eins A2009‑36 s 19
am A2009‑36 s 72; A2011‑22 amdt 1.25
Deciding application for adoption order for child or young person
s 39Fins A2009‑36 s 19
Aboriginal or Torres Strait Islander child or young person
s 39Gins A2009‑36 s 19
Adoption of non-citizen child or young person
s 39Hins A2009‑36 s 19
Deciding application for adoption order for person 18 years old or older
s 39Iins A2009‑36 s 19
Notification to director‑general of adoption order
s 39J hdgam A2011‑22 amdt 1.25
s 39Jins A2009‑36 s 19
am A2011‑22 amdt 1.25
Alternative orders on refusal of adoption order
s 39Kins A2009‑36 s 19
am A2011‑22 amdt 1.25
Discharge of adoption order
s 39Lins A2009‑36 s 19
am A2011‑22 amdt 1.25; A2017‑4 amdt 3.4
Conditional orders
div 3.7 hdg(prev pt 3 div 3 hdg) renum as div 3.3 hdg R4 LA and then renum as div 3.7 hdg (see A2009‑36 s 20)
Adoption order subject to certain conditions
s 40am A1999‑64 sch 2; A2009‑36 s 72; A2011‑22 amdt 1.25
Amendment of adoption condition
s 41 hdgsub A2006‑40 amdt 2.53
s 41am A1999‑64 sch 2; A2006‑40 amdts 2.54-2.56; A2009‑36 s 21, s 72; A2011‑22 amdt 1.25
Cessation of condition
s 42am A2006‑40 amdt 2.57; A2009‑36 s 72
Effect of adoption orders
div 3.8 hdg(prev pt 3 div 4 hdg) renum as div 3.4 hdg R4 LA and then renum as div 3.8 hdg (see A2009‑36 s 22)
General effect
s 43am A2009‑36 s 23
Disposition of property
s 44am A2008‑28 amdt 3.12
Names of adopted child or young person
s 45am A2004‑1 amdt 1.8
sub A2009‑36 s 24
am A2011‑22 amdt 1.25; A2020‑39 s 7
Effect of order on domicile
s 46am A2009‑36 s 72, s 73
Distribution of property by trustee or personal representative
s 47am A2009‑36 s 25
Bequest by will to unascertained adopted person
s 48am A1999‑64 s 4 sch 2; A2004‑1 amdt 1.9, amdt 1.10; A2011‑22 amdt 1.25; A2016‑13 amdt 1.3
Gifts between living people
s 49am A2004‑1 amdt 1.11, amdt 1.12
Interim orders
div 3.9 hdg(prev pt 3 div 5 hdg) renum as div 3.5 hdg R4 LA and then renum as div 3.9 hdg (see A2009‑36 s 26)
Making of order
s 50am A2009‑36 s 27, s 72
Discharge
s 52am A2009‑36 s 72
Recognition of Australian adoptions
pt 4 hdgsub A2009‑36 s 28
Recognition of Australian adoptions
s 53sub A2009‑36 s 28
Intercountry and overseas adoption
pt 4A hdgins A2009‑36 s 28
Preliminary
div 4A.1 hdg ins A2009‑36 s 28
Adoptions outside Australia—general
s 54sub A2009‑36 s 28
State central authority
s 55am A1999‑64 sch 2
sub A2009‑36 s 28
am A2011‑22 amdt 1.25
Functions of State central authority
s 56am A1999‑64 sch 2
sub A2009‑36 s 28
Convention on intercountry adoption
div 4A.2 hdg ins A2009‑36 s 28
Adoption under Convention
sdiv 4A.2.1 hdg ins A2009‑36 s 28
Adoption in ACT of ACT child or young person by parents from Convention country
s 57sub A2009‑36 s 28
Report on child for intercountry adoption
s 57Ains A2009‑36 s 28
am A2011‑22 amdt 1.25
Adoption in ACT of child or young person from Convention country by ACT parents
s 57Bins A2009‑36 s 28
am A2011‑22 amdt 1.25
Issue of adoption compliance certificate
s 57Cins A2009‑36 s 28
Recognition under Convention
sdiv 4A.2.2 hdg ins A2009‑36 s 28
Recognition of adoption of child or young person from Convention country in that country
s 57Dins A2009‑36 s 28
am A2011‑22 amdt 1.25
Recognition of adoption of child or young person from Convention country to another Convention country
s 57Eins A2009‑36 s 28
Effect of recognition
s 57Fins A2009‑36 s 28
Refusal to recognise adoption or decision
s 57Gins A2009‑36 s 28
am A2011‑22 amdt 1.25
Order terminating legal relationship between child or young person and parents
s 57Hins A2009‑36 s 28
am A2011‑22 amdt 1.25
Evidential value of adoption compliance certificate
s 57Iins A2009‑36 s 28
Bilateral arrangements for intercountry adoptions
div 4A.3 hdg ins A2009‑36 s 28
Adoption in ACT of child or young person from prescribed overseas jurisdiction by ACT parents
s 57Jins A2009‑36 s 28
am A2011‑22 amdt 1.25
Evidential value of adoption compliance certificate—div 4A.3
s 57Kins A2009‑36 s 28
Recognition of other overseas adoptions
div 4A.4 hdg ins A2009‑36 s 28
Recognition of adoption order made outside Australia
s 57Lins A2009‑36 s 28
Declaration of validity of adoption order made outside Australia
s 57Mins A2009‑36 s 28
General
div 5.1 hdg(prev pt 5 div 1 hdg) renum as div 5.1 hdg R4 LA
Definitions—pt 5
s 58am A1993‑64; A1997‑113; A1999‑64 sch 2
def associated person sub A2009‑36 s 29
def birth parent sub A2004‑1 amdt 1.13; A2009‑36 s 29
def birth relative sub A2009‑36 s 29
def identifying information sub A2009‑36 s 29
def relevant authority am A2011‑22 amdt 1.25
Application—pt 5
s 59sub A2009‑36 s 30
Confidentiality of records
s 60am A1999‑64 sch 2; A2009‑36 s 31; A2011‑22 amdt 1.25
Records of adoptions
s 61am A1999‑64 sch 2; A2009‑36 s 32; A2011‑22 amdt 1.25
Provision of information
s 62am A1993‑64; A1997‑113; A1999‑64 sch 2; A2011‑22 amdt 1.21, amdt 1.25; A2020‑40 amdt 1.1, amdt 1.2
Non-identifying information
div 5.2 hdg(prev pt 5 div 2 hdg) renum as div 5.2 hdg R4 LA
Identifying information
div 5.3 hdg(prev pt 5 div 3 hdg) renum as div 5.3 hdg R4 LA
Recipient of application
s 67am A1993‑64; A1999‑64 sch 2; A2011‑22 amdt 1.25
Restriction on entitlement to apply
s 68am A1993‑64; A1999‑64 sch 2; A2009‑36 ss 33-38; A2011‑22 amdt 1.25
Assistance in obtaining approval
s 69am A1999‑64 sch 2; A2011‑22 amdt 1.25
Objection to contact—adoptions before Adoption Amendment Act 2009 (No 2)
s 70am A1999‑64 sch 2
sub A2009‑36 s 39
am A2011‑22 amdt 1.25
Contact veto by person other than adopted person—adoptions before Adoption Amendment Act 2009 (No 2)
s 71sub A2009‑36 s 40
Counselling services
s 72am A1999‑64 sch 2; A2001‑44 amdt 1.51, amdt 1.52; R4 LA (see A2001‑44 amdt 1.53); A2009‑36 s 41; A2011‑22 amdt 1.25
Declaration that contact not be attempted
s 73am A1999‑64 sch 2
sub A2009‑36 s 42
am A2011‑22 amdt 1.25
Birth details of adopted person born overseas
s 74am A1999‑64 sch 2; A2009‑36 ss 43-45; A2011‑22 amdt 1.25
Application to court in absence of consent
s 75am A1999‑64 sch 2; A2011‑22 amdt 1.25
Other person’s right to information
s 76am A1999‑64 sch 2; A2011‑22 amdt 1.25
Family information service
s 77 hdgsub A2009‑36 s 46
s 77am A1999‑64 sch 2; A2009‑36 s 47; A2011‑22 amdt 1.25
Adoption information register
s 78am A1999‑64 sch 2; A2011‑22 amdt 1.25
Contact veto register
s 79am A1999‑64 sch 2; A2011‑22 amdt 1.25
Reunion information register
s 80am A1999‑64 sch 2; A2001‑44 amdt 1.54, amdt 1.55; A2011‑22 amdt 1.25
Application for approval
s 81am A1999‑64 sch 2; A2009‑36 s 74; A2011‑22 amdt 1.25; A2016‑38 s 6
Grant or refusal of approval
s 82am A1999‑64 sch 2; A2009‑36 s 74; A2011‑22 amdt 1.25
Change in principal officer
s 83am A1999‑64 sch 2; A2011‑22 amdt 1.25
Revocation or suspension of approval
s 85am A1999‑64 sch 2; A2009‑36 s 74; A2011‑22 amdt 1.25
Effect of cessation of approved agency
s 86am A1999‑64 sch 2; A2009‑36 s 72; A2011‑22 amdt 1.25
Territorial application of pt 7
s 88am A2009‑36 s 74
Taking away etc of adopted child or young person by birth parent
s 89 hdgam A2009‑36 s 72
s 89am A1994‑81; A2009‑36 s 72
Receiving or harbouring child or young person
s 90 hdgam A2009‑36 s 72
s 90am A1994‑81; A2009‑36 s 72
Interfering with upbringing of child or young person
s 91 hdgam A2009‑36 s 72
s 91am A1994‑81; A1999‑64 sch 2; A2009‑36 s 48, s 72; A2011‑22 amdt 1.25
Approval of communications
s 92am A1999‑64 sch 2; A2011‑22 amdt 1.25
Director‑general’s report for prosecution
s 93 hdgsub A2011‑22 amdt 1.22
s 93am A1999‑64 sch 2; A2011‑22 amdt 1.25
Payments in consideration of adoptions etc
s 94am A1994‑81; A1999‑64 sch 2; A2009‑36 s 72; A2011‑22 amdt 1.25
Unauthorised arrangements for adoption
s 95am A1994‑81; A1999‑64 sch 2; A2009‑36 s 72; A2011‑22 amdt 1.25
Unauthorised advertising
s 96am A1994‑81; A1999‑64 sch 2; A2009‑36 s 72; A2011‑22 amdt 1.25
Restriction on publication of identity of parties
s 97am A1994‑81; A2009‑36 s 72
False statements
s 98am A1994‑81
om A2004‑15 amdt 2.7
Personation of person whose consent to adoption is required
s 99am A1994‑81; A2009‑36 s 72
Presenting consent obtained by fraud etc
s 100 hdgsub A2004‑15 amdt 2.8
s 100am A1994‑81; A2004‑15 amdt 2.9
Improperly witnessing consent
s 101am A1994‑81; A2009‑36 s 72
Notification and review of decisions
pt 7A hdgins A2008‑37 amdt 1.10
Meaning of reviewable decision—pt 7A
s 102am A1994‑81; A1999‑64 sch 2
om A2004‑15 amdt 2.10
ins A2008‑37 amdt 1.10
Reviewable decision notices
s 103am A1999‑64 sch 2
om A2005‑47 amdt 1.3
ins A2008‑37 amdt 1.10
am A2009‑36 s 72, s 73; A2011‑22 amdt 1.25
Applications for review
s 103Ains A2008‑37 amdt 1.10
Registration of orders
s 104am A1993‑64; A2001‑44 amdt 1.56; A2009‑36 s 49
Memoranda of orders interstate
s 105am A1993‑64; A1997‑113; A2001‑44 amdt 1.57, amdt 1.58
Particulars of interstate orders
s 106am A1993‑64; A2009‑36 s 50
Legal representation of child or young person
s 107 hdgam A2009‑36 s 72
s 107am A2009‑36 s 72
Notification to parents
s 108am A1999‑64 sch 2; A2009‑36 s 72; A2011‑22 amdt 1.25
Financial support of adopted children and young people
s 108Ains A2009‑36 s 51
am A2011‑22 amdt 1.25
Notice of decisions
s 109am A1993‑64; A1994‑60; A1999‑64 sch 2
om A2008‑37 amdt 1.11
Review by administrative appeals tribunal
s 110am A1999‑64 sch 2
om A2008‑37 amdt 1.11
Authority to prosecute
s 111am A2001‑44 amdt 1.59, amdt 1.60
Hearings to be in camera
s 112am A1997‑96
Contents of reports not to be disclosed
s 113am A2009‑36 s 52
Director‑general may appear at hearings
s 115 hdgam A2011‑22 amdt 1.25
s 115am A1999‑64 sch 2; A2011‑22 amdt 1.25
Judicial notice of signatures
s 117am A1999‑64 sch 2; A2011‑22 amdt 1.25
om A2011‑48 amdt 1.2
Determination of fees
s 118sub A2001‑44 amdt 1.61
Fees payable
s 119om A2001‑44 amdt 1.61
Transitional provisions
s 120om A2008‑28 amdt 3.13
Approved forms
s 120Ains A2001‑44 amdt 1.62
(4)-(7) exp 12 September 2002 (s 120A (7))
Regulation-making power
s 121am A1998‑54; A1999‑64 sch 2
sub A2001‑44 amdt 1.63
am A2009‑36 s 53, s 72; A2011‑22 amdt 1.25
Review of certain amendments made by Adoption Amendment Act 2020
s 122ins A2020‑39 s 8
exp 1 September 2023 (s 122 (3))
Transitional—Adoption Amendment Act 2009 (No 2)
pt 20 hdgins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
Definitions—pt 20
s 200ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
def amended Act ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
def amending Act ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
def commencement day ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
def pre-amendment Act ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
Proceeding not completed before commencement day
s 201ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
Consents to which s 34 (3) applies
s 202ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
Request for placement not decided before commencement day
s 203ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
Placement in force before commencement day
s 204ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
Transitional regulations
s 205ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
Expiry—pt 20
s 206ins A2009‑36 s 54
exp 22 April 2012 (s 206 (1) (LA s 88 declaration applies))
Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption
sch 1ins A2009‑36 s 55
Dictionary
dictins A2008‑28 amdt 3.14
am A2008‑37 amdt 1.12, amdt 1.13; A2009‑36 s 56; A2011‑22 amdt 1.23, amdt 1.24; A2012‑40 amdt 3.10; A2016‑13 amdt 1.4
def Aboriginal child reloc from s 4 A2008‑28 amdt 3.7
om A2009‑36 s 57
def Aboriginal or Torres Strait Islander child or young person ins A2009‑36 s 58
sub A2019‑42 amdt 3.2
def Aborigine reloc from s 4 A2008‑28 amdt 3.7
om A2009‑36 s 59
def adoption compliance certificate ins A2009‑36 s 60
def adoption order sub A2008‑28 amdt 3.1
reloc from s 4 A2008‑28 amdt 3.7
sub A2009‑36 s 61
def adoptive relative ins A2008‑28 amdt 3.14
def associated person ins A2008‑28 amdt 3.14
def Australia reloc from s 4 A2008‑28 amdt 3.7
def birth parent ins A2008‑28 amdt 3.14
def birth relative ins A2008‑28 amdt 3.14
def central authority ins A2009‑36 s 62
def charitable organisation sub A2008‑28 amdt 3.2
reloc from s 4 A2008‑28 amdt 3.7
def child sub A2008‑28 amdt 3.2
reloc from s 4 A2008‑28 amdt 3.7
sub A2009‑36 s 63
def Commonwealth Bilateral Arrangements Regulation ins A2009‑36 s 64
defCommonwealth central authority ins A2009‑36 s 64
def competent authority ins A2009‑36 s 64
am A2011‑22 amdt 1.25
def contact veto register reloc from s 4 A2008‑28 amdt 3.7
def Convention ins A2009‑36 s 64
def Convention country ins A2009‑36 s 64
def country ins A2008‑28 amdt 3.14
sub A2009‑36 s 65
def court reloc from s 4 A2008‑28 amdt 3.7
def disposition of property reloc from s 4 A2008‑28 amdt 3.7
def general consent sub A2008‑28 amdt 3.2
reloc from s 4 A2008‑28 amdt 3.7
def guardian am A1999‑64 sch 2
reloc from s 4 A2008‑28 amdt 3.7
am A2009‑36 s 66, s 72
def identifying information ins A2008‑28 amdt 3.14
def information ins A2008‑28 amdt 3.14
def instrument of consent sub A2008‑28 amdt 3.2
reloc from s 4 A2008‑28 amdt 3.7
def intercountry adoption ins A2009‑36 s 67
def interim order sub A2008‑28 amdt 3.3
reloc from s 4 A2008‑28 amdt 3.7
def limited consent sub A2008‑28 amdt 3.4
reloc from s 4 A2008‑28 amdt 3.7
def non-citizen child or young person ins A2009‑36 s 68
def prescribed overseas jurisdiction ins A2009‑36 s 68
def principal officer am A1999‑64 sch 2
sub A2008‑28 amdt 3.4
reloc from s 4 A2008‑28 amdt 3.7
am A2011‑22 amdt 1.25
def private adoption agency reloc from s 4 A2008‑28 amdt 3.7
def register of births ins A1997‑113 sch
reloc from s 4 A2008‑28 amdt 3.7
def register of suitable people ins A2009‑36 s 69
def relative sub A2008‑28 amdt 3.5
reloc from s 4 A2008‑28 amdt 3.7
am A2009‑36 s 72
def relevant authority ins A2008‑28 amdt 3.14
def relevant administrative unit am A1994‑38 sch 1 pt 4
reloc from s 4 A2008‑28 amdt 3.7
def responsible person reloc from s 4 A2008‑28 amdt 3.7
sub A2009‑36 s 70
am A2019‑42 amdt 3.3
def reunion information register reloc from s 4 A2008‑28 amdt 3.7
def reviewable decision ins A2008‑37 amdt 1.14
def service reloc from s 4 A2008‑28 amdt 3.7
defState central authority ins A2009‑36 s 71
def step-parent ins A2009‑36 s 71
def young person ins A2009‑36 s 71
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R0A
11 Aug 200327 Aug 1993–
30 Sept 1993A1993‑44 amendments by A1993‑44 R1
31 Jan 19941 Oct 1993–
30 June 1994A1993‑64 amendments by A1993‑64 R1 (RI)
11 Aug 20031 Oct 1993–
30 June 1994A1993‑64 reissue of printed version R1A
11 Aug 20031 July 1994–
13 Nov 1994A1994‑38 amendments by A1994‑38 R1B
11 Aug 200314 Nov 1994–
28 Nov 1994A1994‑60 amendments by A1994‑60 R1C
11 Aug 200329 Nov 1994–
14 Dec 1994A1994‑81 amendments by A1994‑81 R2
31 Jan 199515 Dec 1994–
31 May 1998A1994‑97 amendments by A1994‑97 R2 (RI)
11 Aug 200315 Dec 1994–
31 May 1998A1994‑97 reissue of printed version R2A
11 Aug 20031 June 1998–
23 June 1998A1997‑113 amendments by A1997‑96 R3
31 Jan 19999 Dec 1998–
9 May 2000A1998‑54 amendments by A1997‑113 and A1998‑54 R3 (RI)
11 Aug 20039 Dec 1998–
9 May 2000A1998‑54 reissue of printed version R3A
11 Aug 200310 May 2000–
11 Sept 2001A1999‑64 amendments by A1999‑64 R4
13 Dec 200112 Sept 2001–
12 Sept 2002A2001‑44 amendments by A2001‑44 R5
13 Sept 200213 Sept 2002–
21 Mar 2004A2001‑44 commenced expiry R6
22 Mar 200422 Mar 2004–
8 Apr 2004A2004‑1 amendments by A2004‑1 R7
9 Apr 20049 Apr 2004–
28 Feb 2006A2004‑15 amendments by A2004‑15 R8*
1 Mar 20061 Mar 2006–
28 Sept 2006A2006‑3 amendments by A2005‑47 as amended by A2006‑3 R9
29 Sept 200629 Sept 2006–
25 Aug 2008A2006‑40 amendments by A2006‑40 R10
26 Aug 200826 Aug 2008–
26 Oct 2008A2008‑28 amendments by A2008‑28 R11
27 Oct 200827 Oct 2008–
1 Feb 2009A2008‑37 amendments by A2008‑20 R12
2 Feb 20092 Feb 2009–
5 Mar 2009A2008‑37 amendments by A2008‑37 R13
6 Mar 20096 Mar 2009–
21 Apr 2010A2009‑6 amendments by A2009‑6 R14
22 Apr 201022 Apr 2010–
30 June 2011A2009‑36 amendments by A2009‑36 R15*
1 July 20111 July 2011–
29 Feb 2012A2011‑22 amendments by A2011‑22 R16
1 Mar 20121 Mar 2012–
22 Apr 2012A2011‑48 amendments by A2011‑48 R17
23 Apr 201223 Apr 2012–
10 Sept 2012A2011‑48 expiry of transitional provisions (pt 20) R18
11 Sept 201211 Sept 2012–
31 Mar 2016A2012-40 amendments by A2012-40 R19
1 Apr 20161 Apr 2016–
22 June 2016A2016-13 amendments by A2016-13 R20
23 June 201623 June 2016–
8 Mar 2017A2016‑38 amendments by A2016‑38 R21
9 Mar 20179 Mar 2017–
13 Nov 2019A2017‑4 amendments by A2017‑4 R22
14 Nov 201914 Nov 2019–
31 Aug 2020A2019‑42 amendments by A2019‑42 R23
1 Sept 20201 Sept 2020–
19 Aug 2021A2020‑39 amendments by A2020‑39 R24
20 Aug 202120 Aug 2021–
1 Sept 2023A2020‑40 amendments by A2020‑40
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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