Adoption Act 2000 (NSW)
An Act with respect to the adoption of children and access of information relating to an adoption; to repeal the Adoption of Children Act 1965 and the Adoption Information Act 1990; to amend the Births, Deaths and Marriages Registration Act 1995 with respect to registration of adoptions and adopted persons’ birth records; to make consequential amendments to other Acts; and for other purposes.
This Chapter contains provisions that are helpful in understanding the Act as a whole. It also contains some machinery provisions.
This Act is the Adoption Act 2000.
This Act commences on a day or days to be appointed by proclamation.
Expressions used in this Act (or in a particular provision of this Act) that are defined in the Dictionary at the end of the Act have the meanings set out in the Dictionary.
Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.
In this Act—
(a) is descended from a Torres Strait Islander, and
(b) identifies as a Torres Strait Islander, and
(c) is accepted as a Torres Strait Islander by a Torres Strait Islander community.
Despite the definition of
Despite the definition of
Introductions to Chapters and other notes in the text of this Act do not form part of this Act.
For the purpose of comparison, a number of provisions of this Act contain bracketed notes in headings, drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other laws. Abbreviations in the notes include—
• AC Act: Adoption of Children Act 1965
• AC Reg: Adoption of Children Regulation 1995
• AI Act: Adoption Information Act 1990
• AI Reg: Adoption Information Regulation 1996.
The provisions of this Chapter are intended to give guidance and direction in the administration of this Act. They do not create, or confer on any person, any right or entitlement enforceable at law.
(cf AI Act s 3)
The objects of this Act are as follows—
(a) to emphasise that the best interests of the child concerned, both in childhood and later life, must be the paramount consideration in adoption law and practice,
(b) to make it clear that adoption is to be regarded as a service for the child concerned,
(c) to ensure that adoption law and practice assist a child to know and have access to his or her birth family and cultural heritage,
(d) to recognise the changing nature of practices of adoption,
(e) to ensure that equivalent safeguards and standards to those that apply to children from New South Wales apply to children adopted from overseas,
(f) to ensure that adoption law and practice complies with Australia’s obligations under treaties and other international agreements,
(g) to encourage openness in adoption,
(h) to allow access to certain information relating to adoptions,
(i) to provide for the giving in certain circumstances of post-adoption financial and other assistance to adopted children and their birth and adoptive parents.
(cf AC Act s 17, AC Reg cl 35)
In making a decision about the adoption of a child, a decision maker is to have regard (as far as is practicable or appropriate) to the following principles—
(a) the best interests of the child, both in childhood and in later life, must be the paramount consideration,
(b) adoption is to be regarded as a service for the child,
(c) no adult has a right to adopt the child,
(d) if the child is able to form his or her own views on a matter concerning his or her adoption, he or she must be given an opportunity to express those views freely and those views are to be given due weight in accordance with the developmental capacity of the child and the circumstances,
(e) the child’s given name or names, identity, language and cultural and religious ties should, as far as possible, be identified and preserved,
(e1) undue delay in making a decision in relation to the adoption of a child is likely to prejudice the child’s welfare,
(f) if the child is Aboriginal—the Aboriginal child placement principles are to be applied,
(g) if the child is a Torres Strait Islander—the Torres Strait Islander child placement principles are to be applied.
In determining the best interests of the child, the decision maker is to have regard to the following—
(a) any wishes expressed by the child,
(b) the child’s age, maturity, level of understanding, gender, background and family relationships and any other characteristics of the child that the decision maker thinks are relevant,
(c) the child’s physical, emotional and educational needs, including the child’s sense of personal, family and cultural identity,
(d) any disability that the child has,
(e) any wishes expressed by either or both of the parents of the child,
(f) the relationship that the child has with his or her parents and siblings (if any) and any significant other people (including relatives) in relation to whom the decision maker considers the question to be relevant,
(g) the attitude of each proposed adoptive parent to the child and to the responsibilities of parenthood,
(h) the nature of the relationship of the child with each proposed adoptive parent,
(i) the suitability and capacity of each proposed adoptive parent, or any other person, to provide for the needs of the child, including the emotional and intellectual needs of the child,
(j) the need to protect the child from physical or psychological harm caused, or that may be caused, by being subjected or exposed to abuse, ill-treatment, violence or other behaviour, or being present while a third person is subjected or exposed to abuse, ill-treatment, violence or other behaviour,
(k) the alternatives to the making of an adoption order and the likely effect on the child in both the short and longer term of changes in the child’s circumstances caused by an adoption, so that adoption is determined among all alternative forms of care to best meet the needs of the child.
To ensure that a child is able to participate in any decision made under this Act that has a significant impact on his or her life, the decision maker is responsible for providing the child with the following—
(a) adequate information, in a manner and language that the child can understand, concerning the decision,
(b) the opportunity to express his or her views freely, according to his or her abilities,
(c) information about the outcome of the decision and an explanation of the reasons for the decision,
(d) any assistance that is necessary for the child to understand the information and to express his or her views,
(e) appropriate counselling when the child’s consent is required to his or her adoption.
In the application of this principle, due regard must be had to the age and developmental capacity of the child.
Decisions about the adoption of a child that have a significant impact on the life of the child include, but are not limited to, decisions relating to the following—
(a) the placement for adoption of the child,
(b) the development of any adoption plan concerning the child and the views of the child’s parents about the plan,
(c) an application for an order for the adoption of the child,
(d) contact with birth parents or others connected with the child.
This Chapter provides for the making of arrangements for the placement of children for adoption through a government department and adoption service providers accredited in accordance with the Children’s Guardian Act 2019. It makes it clear that individuals must not make their own adoption arrangements, either personally or through private institutions.
Subject to this Act, the Secretary is to provide adoption services.
Under section 206, the Secretary may delegate this and any other function under this Act to any person.
Without limiting subsection (1), the Secretary is, subject to this Act, responsible for the following—
(a) the assessment of the suitability of a person or persons to adopt a child,
(b) any decision to place a child with a person or persons wishing to adopt the child,
(c) the transfer of the care responsibility for a child to the person or persons who will adopt the child,
(d) the giving of consent to the adoption of a child of whom he or she has parental responsibility,
(e) (Repealed)
(f) the provision in certain circumstances of post-adoption financial and other assistance to adopted children and their birth and adoptive parents,
(g) the provision of post-adoption services, including the provision of information and arrangements to facilitate post-adoption contact with the parties to an adoption.
(cf AC Act s 51)
An adoption service in relation to the adoption in New South Wales (including the intercountry adoption) of a child may be provided only by—
(a) the Secretary, or
(b) an organisation accredited by the Children’s Guardian under the Children’s Guardian Act 2019 as an adoption service provider that may provide the service.
A person (other than the Secretary) must not provide any adoption service referred to in section 10 (2) (a), (b) or (c) in relation to the adoption in New South Wales (including the intercountry adoption) of a child unless the person is, or is acting on behalf of, an organisation accredited under the Children’s Guardian Act 2019 as an adoption service provider that may provide the service.
Maximum penalty—10 penalty units or imprisonment for 12 months, or both.
(Repealed)
(Repealed)
Proceedings for the making of adoption orders and other orders under this Act are to be heard and determined by the Supreme Court.
(cf AC Act ss 8 and 9)
Subject to this Act, the Court may make an order for the adoption of a child (an
The Court must not make an adoption order unless, when the application for the order is filed—
(a) the child is present in the State, and
(b) the applicant, or if the application is a joint application, each of the applicants, resides, or is domiciled, in the State.
For the purposes of this section, if the Court is satisfied that the child was present in the State, or that the applicant or each applicant was resident or domiciled in the State, for a period of 3 months immediately before the day on which the application was filed, the Court may, in the absence of evidence to the contrary, presume that—
(a) the child was present in, or
(b) that the applicant or each applicant was resident or domiciled in,
the State when the application was filed.
The Court has jurisdiction under this section to make an adoption order despite any rule of private international law to the contrary.
Subject to Part 2 of Chapter 5, the Court has jurisdiction, under and in accordance with this Part, to make an adoption order with respect to the intercountry adoption of a child referred to in Part 2.
(cf AC Act s 18 (1))
An adoption order may be made in relation to a child who—
(a) was less than 18 years of age on the date on which the application for the order was made, or
(b) was 18 or more years of age on that date and was cared for by the applicant or applicants for the order.
For the purposes of subsection (1) (b), a child was cared for if the child—
(a) has been cared for by the applicant or applicants, or by the applicant and a deceased spouse of the applicant, as his or her or their child prior to reaching the age of 18 years, or
(b) has, as a ward within the meaning of the Children (Care and Protection) Act 1987 or a person under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998, been in the care responsibility of the applicant or applicants or of the applicant and a deceased spouse of the applicant.
(Repealed)
(cf AC Act s 18 (5))
An adoption order may be made—
(a) even if the child concerned has, whether before or after the commencement of this section and whether in the State or elsewhere, previously been adopted, and
(b) irrespective of the marital status of the child.
(cf AC Act ss 8, 19, 20, 21 (1) (c) (i) (a))
An application for an adoption order may be made in accordance with this Act solely by or on behalf of one person or jointly by or on behalf of a couple.
(cf AC Act ss 8, 19 (2) and (3), 20, 21 (1) (c) (i) (a))
One person may, subject to this Act, adopt a child only if the person is—
(a) resident or domiciled in the State, and
(b) of good repute and a fit and proper person to fulfil the responsibilities of a parent.
The Court must not make an adoption order in favour of one person who is not a birth parent or relative of the child unless—
(a) the person is 21 or more years of age and 18 or more years older than the child, or
(b) the Court considers that in the particular circumstances of the case it is desirable to make the order even though the person does not fulfil the age requirements.
The Court must not make an adoption order in favour of one person who is living with a spouse unless the person’s spouse consents in writing to the application for the adoption order.
(cf AC Act ss 8, 19, 20, 21 (1) (c) (i) (a))
Two persons who are a couple may, subject to this Act, adopt a child only if—
(a) both of them are resident or domiciled in the State, and
(b) both of them are of good repute and are fit and proper persons to fulfil the responsibilities of parents.
The Court must not make an order in favour of a couple if one of them is a step parent unless section 30 is complied with.
The Court must not make an adoption order in favour of a couple if neither of them is a birth parent or relative of the child unless—
(a) each of them is 21 or more years of age and 18 or more years older than the child, or
(b) the Court considers that in the particular circumstances of the case it is desirable to make the order even though one or both of them do not fulfil the age requirements.
The Court must not make an adoption order in favour of a couple unless the couple have been living together for a continuous period of not less than 2 years immediately before the application for the adoption order.
The Court may make an adoption order in favour of a couple jointly even if one of them is a birth parent, or they are the birth parents, of the child.
The Court must not make an adoption order in favour of a relative of a child unless—
(a) specific consent to the adoption of the child by the relative has been given in accordance with this Act by the appropriate person or persons specified in section 53(1)(b), and
(b) the child has established a relationship of at least 2 years’ duration with the relative, and
(c) the Court is satisfied that the making of the adoption order is clearly preferable in the best interests of the child to any other action that could be taken by law in relation to the child.
Examples of other action that may be taken by law are the making of a care order under the Children and Young Persons (Care and Protection) Act 1998 or a parenting order under the Family Law Act 1975 of the Commonwealth.
The Court must not make an adoption order in favour of a step parent of a child unless—
(a) the child is at least 5 years old, and
(b) the step parent has lived with the child and the child’s birth or adoptive parent for a continuous period of not less than 2 years immediately before the application for the adoption order, and
(c) specific consent to the adoption of the child by the step parent has been given in accordance with this Act by the appropriate persons, and
(d) the Court is satisfied that the making of the adoption order is clearly preferable in the best interests of the child to any other action that could be taken by law in relation to the child.
Examples of other action that may be taken by law are the making of a care order under the Children and Young Persons (Care and Protection) Act 1998 or a parenting order under the Family Law Act 1975 of the Commonwealth.
Subsection (1) (b) does not apply to the adoption of a child who is 18 years of age or more at the time of the application for the adoption order.
The Court must not make an adoption order in relation to a non-citizen child as referred to in Part 2 of Chapter 5 unless—
(a) arrangements for adoption of the child have been made by the Secretary or an accredited adoption service provider that may provide intercountry adoption services or the Secretary applies for the order on the basis that the proposed adoptive parent has intercountry parental responsibility for the child, and
(b) the provisions of this Act and the regulations relating to intercountry adoptions have been complied with.
For the purposes of this section, a person has
In placing a child (other than an Aboriginal or Torres Strait Islander child) for adoption, the decision maker must take into account the culture, any disability, language and religion of the child and the principle that the child’s given name, identity, language and cultural and religious ties should, as far as possible, be preserved.
Without limiting matters that may be taken into account, the decision maker must take into account whether a prospective adoptive parent of a different cultural heritage to that of the child has demonstrated the following—
(a) the capacity to assist the child to develop a healthy and positive cultural identity,
(b) knowledge of or a willingness to learn about, and teach the child about, the child’s cultural heritage,
(c) a willingness to foster links with that heritage in the child’s upbringing,
(d) the capacity to help the child if the child encounters racism or discrimination in school or the wider community.
The Secretary or appropriate principal officer must ensure that the following are consulted about the placement of an Aboriginal child—
(a) a person approved in accordance with section 195, or
(b) a person nominated by the child’s parents, extended family or kinship group, as recognised by the Aboriginal community to which the child belongs, or by that community, with expertise in relation to the adoption or substitute care of Aboriginal children.
In addition, the Secretary or appropriate principal officer must ensure that the placement of the child is made in consultation with a local, community-based and relevant Aboriginal organisation.
The Secretary or appropriate principal officer is to make reasonable inquiries as to whether a child to be placed for adoption is an Aboriginal child.
The Aboriginal child placement principles are to be applied in placing a child that the Secretary or principal officer is satisfied is an Aboriginal child for adoption.
It is a principle to be applied in the administration of this Act that Aboriginal people should be given the opportunity to participate with as much self-determination as possible in decisions relating to the placement for adoption of Aboriginal children (which is a concept that is absent in customary Aboriginal child care arrangements).
The Aboriginal child placement principles are as follows—
(a) The first preference for placement of an Aboriginal child is for the child to be placed for adoption with a prospective adoptive parent or parents belonging to the Aboriginal community, or one of the communities, to which the birth parent or birth parents of the child belongs.
(b) If it is not practicable or in the best interests of the child for the child to be placed in accordance with paragraph (a), the child is to be placed with a prospective adoptive parent or parents from another Aboriginal community.
(c) If it is not practicable or in the best interests of the child for the child to be placed in accordance with paragraph (a) or (b), the child is to be placed with a non-Aboriginal prospective adoptive parent or parents.
An Aboriginal child is not to be placed with a non-Aboriginal prospective adoptive parent unless the Court is satisfied that the prospective adoptive parent—
(a) has the capacity to assist the child to develop a healthy and positive cultural identity, and
(b) has knowledge of or is willing to learn about, and teach the child about, the child’s Aboriginal heritage and to foster links with that heritage in the child’s upbringing, and
(c) has the capacity to help the child if the child encounters racism or discrimination in the wider community,
and that the Aboriginal child placement principles have been properly applied.
Placement with a non-Aboriginal prospective adoptive parent requires an application to the Court for a preliminary hearing—see section 80.
If a child has one Aboriginal parent and one non-Aboriginal parent, the child may be placed with the person with whom the best interests of the child will be served having regard to the objects of this Act.
If a child to whom subsection (4) applies—
(a) is placed with a person who is not within an Aboriginal family or community, an adoption plan must provide for the child to have the opportunity to develop an identity with the Aboriginal community to which the child belongs, or
(b) is placed with a person who is within an Aboriginal community, an adoption plan must provide for the child to have the opportunity to develop an identity with the non-Aboriginal community to which the child belongs.
An Aboriginal child is not to be placed for adoption unless the Secretary is satisfied that the making of the adoption order is clearly preferable in the best interests of the child to any other action that could be taken by law in relation to the care of the child.
Examples of other action that may be taken by law are the making of a care order under the Children and Young Persons (Care and Protection) Act 1998 or a parenting order under the Family Law Act 1975 of the Commonwealth.
The Secretary or appropriate principal officer must ensure that the following are consulted about the placement of a Torres Strait Islander child—
(a) a person approved in accordance with section 196, or
(b) a person nominated by the child’s parents, extended family or kinship group, as recognised by the Torres Strait Islander community to which the child belongs, or by that community, with expertise in relation to the adoption or substitute care of Torres Strait Islander children.
In addition, the Secretary or appropriate principal officer must ensure that the placement of the child is made in consultation with a local, community-based and relevant Torres Strait Islander organisation.
The Secretary or appropriate principal officer is to make reasonable inquiries as to whether a child to be placed for adoption is a Torres Strait Islander child.
The Torres Strait Islander child placement principles are to be applied in placing a child that the Secretary or principal officer is satisfied is a Torres Strait Islander for adoption.
The Torres Strait Islander child placement principles are as follows—
(a) The first preference for placement of a Torres Strait Islander child is for the child to be placed for adoption with a prospective adoptive parent or parents within the child’s extended family.
(b) If it is not practicable or in the best interests of the child for the child to be placed in accordance with paragraph (a), the child is to be placed with a prospective adoptive parent or parents within the community, or one of the communities, to which the birth parent or birth parents of the child belongs.
(c) If it is not practicable or in the best interests of the child for the child to be placed in accordance with paragraph (a) or (b), the child is to be placed with a prospective adoptive parent or parents from another Torres Strait Islander community.
(d) If it is not practicable or in the best interests of the child for the child to be placed in accordance with paragraph (a), (b) or (c), the child is to be placed with a non-Torres Strait Islander prospective adoptive parent or parents.
A Torres Strait Islander child is not to be placed with a prospective adoptive parent who is not a Torres Strait Islander unless the Court is satisfied that the prospective parent—
(a) has the capacity to assist the child to develop a healthy and positive cultural identity, and
(b) is willing to learn about, and teach the child about, the child’s Torres Strait Islander heritage and foster links with that heritage in the child’s upbringing, and
(c) has the capacity to help the child if the child encounters racism or discrimination in the wider community,
and that the Torres Strait Islander child placement principles have been properly applied.
Placement with a non-Torres Strait Islander prospective adoptive parent requires an application to the Court for a preliminary hearing—see section 80.
If a child has one Torres Strait Islander parent and one non-Torres Strait Islander parent, the child may be placed with the person with whom the best interests of the child will be served having regard to the objects of this Act.
If a child to whom subsection (3) applies—
(a) is placed with a person who is not within a Torres Strait Islander family or community, an adoption plan must provide for the child to have the opportunity to develop an identity with the Torres Strait Islander community to which the child belongs, or
(b) is placed with a person who is within a Torres Strait Islander community, an adoption plan must provide for the child to have the opportunity to develop an identity with the non-Torres Strait Islander community to which the child belongs.
A child who is resident or domiciled in the State is not to be adopted in a place outside Australia unless the Secretary has—
(a) determined that the consent necessary for the adoption has been given in accordance with this Act (or dispensed with), and
(b) determined that a suitable family to adopt or otherwise care for the child cannot be found in Australia, and
(c) if satisfied that the child should be adopted outside Australia, prepared a report to that effect.
The report is to include information about the child’s identity, adaptability, background, social environment, family history, medical history of the child and the child’s family and any special needs of the child and is to indicate that the consents required under this Act have been obtained.
Under Article 16 of the Hague Convention on Intercountry Adoption the report prepared under this section will be transmitted by the Secretary to the appropriate authority in the place outside Australia.
This Part applies to the assessment of the suitability, and selection, of prospective adoptive parents of a child other than step parents or relatives or authorised carers.
Part 3A of this Chapter provides for prospective adoptive parents who are authorised carers.
In this Part—
(a) has been submitted to the Secretary or a principal officer, and
(b) has not been withdrawn or finally dealt with by the making of, or refusal to make, an adoption order.
One person, or a couple, may submit to the Secretary, or principal officer of an adoption service provider accredited to accept applications to adopt, an expression of interest in—
(a) being approved as suitable to adopt a child (whether a citizen or non-citizen), and
(b) being selected, in a manner determined by the Secretary or principal officer, to adopt a child.
A submission of an expression of interest may be made only if the person or each person is resident or domiciled in the State.
(cf AC Reg Part 3)
The Secretary or principal officer may, in accordance with the regulations and subject to any conditions of the accreditation of the adoption service provider concerned, invite a person or a couple who have submitted an expression of interest to submit an application to adopt a child.
A submission of an expression of interest or application to adopt a child under this Part is to be made in accordance with the regulations.
The regulations may make provision for or with respect to the following—
(a) the assessment of the suitability of persons to be approved to adopt, and selection of persons to adopt, children under this Act from within New South Wales or elsewhere,
(b) the keeping by the Secretary of a register of persons approved by the Secretary or by principal officers as fit and proper persons to adopt children.
The Secretary or appropriate principal officer must not assess a person as suitable to be approved to adopt a child unless the person and every adult person who resides on the same property as the person has a working with children check clearance that is in force under the Child Protection (Working with Children) Act 2012 or is exempted by the regulations under that Act from the requirement to hold such a clearance.
If an application to adopt a child is made by a couple, background information relating to the couple that is obtained by the Secretary or principal officer in connection with the application is, at the request of the birth parents of the child, to be provided to the birth parents before any adoption order may be made in relation to that child.
In this section,
Any person (the
(a) the provider of information has been notified by the principal officer or the Secretary that the other person is an applicant or a person who resides on the same property as an applicant, or
(b) the provider of information otherwise reasonably believes the other person to be an applicant or a person who resides on the same property as an applicant.
Information provided under this section may be used to determine whether the applicant is suitable to adopt a child.
Information may be provided under this section regardless of whether the provider of information has been requested to provide the information.
A person who, acting in good faith, provides information under this section—
(a) is not liable to any civil or criminal action, or any disciplinary action, for providing the information, and
(b) in providing the information, cannot be held to have breached any code of professional etiquette or ethics or departed from any accepted standards of professional conduct.
An applicant must, as soon as reasonably practicable, notify the Secretary or the principal officer to whom the application was submitted—
(a) if any person (other than the applicant or a person who submitted an application to adopt jointly with the applicant) resides on the same property as the applicant for 3 weeks or more, or
(b) if a person residing on the same property as the applicant attains the age of 18 years.
A general consent of the parent of a child to the adoption of the child, as referred to in section 53, may express the wishes of the parent as to the preferred background, beliefs or domestic relationship of any prospective adoptive parents of the child.
Nothing in the Anti-Discrimination Act 1977 prevents the Secretary or a principal officer of an adoption service provider from identifying (consistently with the best interests of the child) prospective adoptive parents who reflect those wishes in the adoption selection process under this Part.
This Part applies to the assessment of the suitability, and selection, of prospective adoptive parents who are authorised carers (within the meaning of section 137 (1) (b) of the Children and Young Persons (Care and Protection) Act 1998) of a child who is in out-of-home care.
In this Part—
(a) has been submitted to the Secretary or a principal officer, and
(b) has not been withdrawn or finally dealt with by the making of, or refusal to make, an adoption order.
The Secretary or the principal officer of an accredited adoption service provider may, in accordance with the regulations, invite an authorised carer of a child who is in out-of-home care to submit an application to adopt the child.
An application to adopt a child under this Part is to be made in accordance with the regulations.
The regulations may make provision for or with respect to the assessment of the suitability of authorised carers of children to be approved and selected to adopt the children under this Act.
If an application to adopt a child is made by an authorised carer, background information relating to the authorised carer that is obtained by the Secretary or principal officer in connection with the application is, at the request of the birth parents of the child, to be provided to the birth parents before any adoption order may be made in relation to that child.
In this section,
Any person (the
(a) the provider of information has been notified by the principal officer or the Secretary that the other person is an applicant or a person who resides on the same property as an applicant, or
(b) the provider of information otherwise reasonably believes the other person to be an applicant or a person who resides on the same property as an applicant.
Information provided under this section may be used to determine whether the applicant is suitable to adopt a child.
Information may be provided under this section regardless of whether the provider of information has been requested to provide the information.
A person who, acting in good faith, provides information under this section—
(a) is not liable to any civil or criminal action, or any disciplinary action, for providing the information, and
(b) in providing the information, cannot be held to have breached any code of professional etiquette or ethics or departed from any accepted standards of professional conduct.
An applicant must, as soon as reasonably practicable, notify the Secretary or the principal officer to whom the application was submitted—
(a) if any person (other than the applicant or a person who submitted an application to adopt jointly with the applicant) resides on the same property as the applicant for 3 weeks or more, or
(b) if a person residing on the same property as the applicant attains the age of 18 years.
A general consent of the parent of a child to the adoption of the child, as referred to in section 53, may express the wishes of the parent as to the preferred background, beliefs or domestic relationship of any prospective adoptive parents of the child.
Nothing in the Anti-Discrimination Act 1977 prevents the Secretary or a principal officer of an adoption service provider from identifying (consistently with the best interests of the child) prospective adoptive parents who reflect those wishes in the adoption selection process under this Part.
An
(a) the making of arrangements for the exchange of information between the parties in relation to any one or more of the following—
(i) the child’s medical background or condition,
(ii) the child’s development and important events in the child’s life,
(iii) the means and nature of contact between the parties and the child, and
(b) any other matter relating to the adoption of the child.
Without limiting the matters for which an adoption plan may make provision—
(a) it may set out the ways in which the child is to be assisted to develop a healthy and positive cultural identity and for links with that heritage to be fostered, and
(b) it may provide for the giving of certain financial and other assistance as referred to in section 201.
A birth parent who has not consented to the adoption of a child (a
A non-consenting birth parent who agrees to an adoption plan is, for the purposes of sections 47, 48, 50, 51 and 90, to be treated as if the non-consenting birth parent were a party to the adoption of the child.
An adoption plan for an Aboriginal child or Torres Strait Islander child to be adopted by persons of whom neither is an Aboriginal or Torres Strait Islander, as the case may be, must make provision of the kind referred to in subsection (2) (a).
If provisions of the kind referred to in subsection (2) (a) are proposed to be included in an adoption plan, those provisions should be made after consultation with a local, community-based and relevant Aboriginal or Torres Strait Islander organisation.
Before the making of an order for the adoption of a child, parties to the adoption may agree on an adoption plan.
The parties must agree to an adoption plan in some circumstances—see sections 35 (5) and 39 (4).
An adoption plan is to be in writing and is to contain the particulars (if any) required by the regulations.
If the parties to an adoption agree to an adoption plan, a copy of the plan must (unless registered under section 50) accompany the application for an adoption order.
The Secretary or appropriate principal officer is to give notice to any person who has the care responsibility for the child of the terms of the adoption plan.
The parties to an adoption who have agreed to an adoption plan may apply to the Court for registration of the plan.
The regulations may make provision for or with respect to such an application.
The Court may register an adoption plan if it is satisfied that—
(a) the plan does not contravene the adoption principles, and
(b) the parties to the adoption understand the provisions of the plan and have freely entered into it, and
(c) the provisions of the plan are in the child’s best interests and is proper in the circumstances.
An adoption plan that is registered has effect, on the making of the relevant adoption order, as if it were part of the order.
The Court may review an adoption plan on application of one or more of the parties to the plan.
Unless the Court otherwise determines, the Court is to give each party to the adoption who agreed to the adoption plan an opportunity to make submissions concerning the application.
Following its review, the Court may, by order—
(a) make such changes (if any) to the provisions of the adoption plan as it considers appropriate, or
(b) revoke the plan, or
(c) confirm the plan.
The Court may change the provisions, or revoke, an adoption plan only if it is satisfied that it is in the best interests of the child and proper in the circumstances to do so.
An adoption plan that is changed by an order of the Court has effect as if it were the plan originally agreed to by the parties.
(cf AC Act s 26)
The Court must not make an adoption order in relation to a child who is less than 18 years of age unless consent has been given—
(a) in the case of a child who has not been previously adopted by—
(i) each parent of the child, and
(ii) any person who has parental responsibility for the child, or
(b) in the case of a child who has previously been adopted—by each adoptive parent of, or person who has parental responsibility for, the child.
(cf AC Act s 27)
For the purposes of this Act, a parent of, or person who has parental responsibility for, a child may consent to the adoption of the child only by—
(a) giving
general consent to the adoption of the child by an adoptive parent or parents selected by the Secretary or principal officer of an accredited adoption service provider, or(b) giving
specific consent to the adoption of the child by—(i) a specified adoptive parent who is a relative of the child, or
(ii) 2 specified adoptive persons, one of whom is a parent or relative of the child, or
(iii) a specified adoptive parent who is step parent of the child, or
(iv) a specified adoptive parent who is an authorised carer who has had care responsibility for the child for 2 years or more.
Nothing in this section prevents the Secretary or principal officer from selecting an adoptive parent or parents for the purposes of subsection (1) (a) from one or more of the classes of persons referred to in subsection (1) (b).
(cf AC Act s 26 (4A))
Consent is not required under section 52 if—
(a) the requirement for the consent has been dispensed with by the Court, or
Note— See Division 3 of Part 5.
(b) the parent whose consent would otherwise be required by section 52 is a proposed adoptive parent, or
(c) the child gives sole consent to his or her adoption in accordance with subsection (2), or
(d) the child is 18 or more years of age.
A child who is 12 or more years of age and of sufficient maturity to understand the effect of giving consent may give sole consent to his or her adoption by a proposed adoptive parent or parents if the child has been cared for by the proposed adoptive parent or parents for at least 2 years.
However, the Court must not make an adoption order in relation to a child who is less than 18 years of age who gives sole consent to his or her adoption, unless—
(a) the Court is satisfied that at least 14 days’ notice of the application for the adoption order has been given by the Secretary or appropriate principal officer to the parent or person who has parental responsibility whose consent would otherwise be required, or
(b) the Court dispenses with the giving of notice.
The regulations may prescribe the particulars to be contained in a notice under this section.
(cf AC Act ss 26 (4A), 33, 38 (2A))
The Court must not make an adoption order in relation to a child who is 12 or more but less than 18 years of age and who is capable of giving consent unless—
(a) the child has been counselled as required by section 63, and
(b) the counsellor has certified that the child understands the effect of signing the instrument of consent (as required by section 61), and
(c) the child consents to his or her adoption by the prospective adoptive parent or parents or the Court dispenses with the requirement for consent.
See Division 3 of Part 5.
The Court may make an adoption order in relation to such a child who is incapable of giving consent if the Court is satisfied that the circumstances are exceptional and that it would be in the best interests of the child to make the order.
(cf AC Act s 31A)
This section applies if—
(a) consent to the adoption of a child has been given by the child’s birth mother or person who has parental responsibility but not the birth father of the child, and
(b) an adoption hearing has not been held, and
(c) the Secretary or appropriate principal officer knows, or after reasonable inquiry ascertains, the name and address of the person whom the Secretary or principal officer reasonably believes to be the birth father of the child.
A person may be presumed to be the father of a child under the Status of Children Act 1996 or may be registered as the father under the Births, Deaths and Marriages Registration Act 1995.
When this section applies, the Secretary or principal officer must give the person known, or reasonably believed, to be the birth father of the child notice—
(a) that the child’s birth mother or person who has parental responsibility has consented to the adoption of the child, and
(b) advise him—
(i) of the legal processes by which he can establish paternity in relation to the child or be registered as the father of the child, and
(ii) of his rights as a parent in relation to the adoption of the child.
In this Act—
(a) the alternatives to the adoption,
(b) financial and other support services available whether or not the child is relinquished for adoption,
(c) possible emotional effects, both short and long term, of relinquishing the child for adoption,
(d) the legal process of adoption (including the consents required and effect and way of revoking consent, the selection procedure, the role of adoption plans, the role of the Court and review and appeals procedure) and the legal consequences of each stage in the process,
(e) the duties and responsibilities of the Secretary and principal officer in relation to the placement of the child,
(f) the rights and responsibilities of other parties to the adoption, including access to information about, or contact with, the other parties to the adoption,
(g) any other matter prescribed by the regulations.
(cf AC Act ss 29, 30, 31, AC Reg cll 21 (a) and (d), 22, 23, Sch 1 Forms 1, 4)
Consent to a child’s adoption is not effective unless it is—
(a) informed consent, and
(b) given in accordance with this Act.
Consent given by a person (other than a child under 18 years of age) is not effective if it appears to the Court that—
(a) it was not given in accordance with this Act, or
(b) it was obtained by fraud, duress or other improper means, or
(c) the instrument of consent has been altered in a material particular without authority, or
(d) the person giving or purporting to give the consent was not, at the time the instrument of consent was signed, in a fit condition to give the consent.
Consent is not effective if it is revoked during the time allowed by section 73.
Consent given by a birth parent who is less than 18 years of age is not effective if it appears to the Court that the birth parent did not have the benefit of independent legal advice concerning the adoption before the instrument of consent was signed by the birth parent.
Consent to a child’s adoption given in another State under the law of the other State is an effective consent for the purposes of this Act.
Chapter 5 provides for the recognition of certain adoptions if an adoption compliance certificate has been issued by the appropriate authority of a country outside Australia. Such a certificate will only be issued if the appropriate consents have been given to the adoption. See eg Article 4 of the Convention (which is set out in Schedule 1).
The Secretary or appropriate principal officer must ensure that a person whose consent to an adoption is needed before an adoption order can be made is given the mandatory written information before the person consents or refuses consent to the adoption.
In the case of the adoption of a child by a step parent or relative of the child—
(a) the applicant (and not the Secretary or appropriate principal officer) must ensure that a person whose consent to the adoption is needed before an adoption order can be made is given the mandatory written information before the person consents or refuses consent to the adoption, and
(b) the requirement to give that information is satisfied if the information given is information in a form approved by the Secretary for the purposes of compliance with this subsection.
In the case of an adoption of a child who is under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998, this section does not require the mandatory written information to be given to the Minister or a delegate of the Minister who can consent to the adoption.
Consent to the adoption of a child cannot be given unless it is given—
(a) at least 30 days after the child is born, and
(b) at least 14 days after the person giving the consent is given a copy of the instrument of consent and the mandatory written information (if required).
Consent is to be given by an instrument (
A separate instrument of consent must be signed by the child and by each other person whose consent is required by this Act.
Before the instrument is signed, a counsellor must sign a statement on it certifying that—
(a) the child or other person giving the consent has been counselled by the counsellor, and
(b) that the counsellor is of the opinion that the child or other person understands the effect of signing the instrument.
The signing of the instrument of consent must be witnessed, in accordance with the regulations, by a person other than the counsellor and who is independent of the counsellor.
Before witnessing the signing of the instrument of consent by a child or other person, the witness is to sign a statement on it certifying that he or she is not aware of any mental, emotional or physical unfitness of that person to give consent.
The witness must be a person of a class or description prescribed by the regulations.
A child or other person giving consent must be counselled in accordance with this section within the period prescribed by the regulations before he or she signs the instrument of consent to an adoption.
A person is counselled in accordance with this section if a counsellor—
(a) accurately explains to the person, in a way that the counsellor thinks will be understood by the person—
(i) the legal effect of signing the instrument of consent and the procedure for revoking consent, and
(ii) the effect of the mandatory written information, and
(b) counsels the person on the emotional effects of the adoption and alternatives to adoption (including, in the case of birth parents, the feasibility of keeping the child).
This section does not require the Minister administering the Children and Young Persons (Care and Protection) Act 1998 or any delegate of the Minister to be counselled before giving consent to the adoption of a child who is under the parental responsibility of the Minister.
Before a person gives consent to the adoption of an Aboriginal child—
(a) he or she is to be given adoption counselling by a person approved in accordance with section 195, or
(b) if he or she is offered, but refuses, adoption counselling by such a person he or she must—
(i) be provided by the Secretary or appropriate principal officer with written information on Aboriginal customs and culture and any other matters the Secretary or principal officer considers would have been raised by the person, and
(ii) sign an acknowledgement that he or she has read (or, if he or she cannot read, had read to) and understood the information.
A person who refuses adoption counselling cannot consent to the adoption until at least 7 days after being given the information referred to in subsection (1) (b).
In this section—
Before a person gives consent to the adoption of a Torres Strait Islander child—
(a) he or she must receive adoption counselling from a person approved in accordance with section 196, or
(b) if he or she has been offered, but has refused, adoption counselling by such a person he or she must—
(i) be provided by the Secretary or appropriate principal officer with written information on Torres Strait Islander customs and culture and on any other matters that the Secretary or principal officer considers would have been raised by the person, and
(ii) sign an acknowledgement that he or she has read (or, if he or she cannot read, had read to) and understood the information.
A person who refuses adoption counselling cannot consent to the adoption until at least 7 days after being given the information referred to in subsection (1) (b).
In this section—
A requirement for the consent of a child or any other person to the child’s adoption under this Act can be dispensed with if the Court makes an order under this Division dispensing with the requirement (a
(cf AC s 32 (1))
The Court may make a consent dispense order dispensing with the requirement for consent of a person to a child’s adoption (other than the child) if the Court is satisfied that—
(a) the person cannot, after reasonable inquiry, be found or identified, or
(b) the person is in such a physical or mental condition as not to be capable of properly considering the question of whether he or she should give consent, or
(c) if the person is a parent of, or person who has parental responsibility for, the child—there is serious cause for concern for the welfare of the child and it is in the best interests of the child to override the wishes of the parent or person who has parental responsibility, or
(d) if an application has been made to the Court for the adoption of the child by one or more persons who are authorised carers or the guardians for the child—
(i) the child has established a stable relationship with those carers or guardians, and
(ii) the adoption of the child by those carers or guardians will promote the child’s welfare, and
(iii) in the case of an Aboriginal child, alternatives to placement for adoption have been considered in accordance with section 36.
The Court must not make such a consent dispense order unless satisfied that to do so is in the best interests of the child.
In this section—
(cf AC Act s 32 (1A))
Any of the following persons may apply to the Court for a consent dispense order—
(a) the Secretary,
(b) the appropriate principal officer,
(c) if an application has been made to the Court for the adoption of the child by the parent (including the mother or father) or a relative of the child (whether alone or jointly with another person)—the applicant or applicants,
(d) with the consent of the Secretary—the applicant or applicants for the adoption of the child.
(cf AC Act s 33)
The Court may make a consent dispense order dispensing with the requirement for consent to his or her adoption to be given by a child who is 12 or more but less than 18 years of age if the Court is satisfied that the child is in such a physical or mental condition as not to be capable of properly considering the question of whether he or she should give consent.
An order under subsection (1) may be made on the Court’s own initiative or on application by any person.
The Court must not make a consent dispense order dispensing with the requirement for consent of a child who is 18 or more years of age in any circumstances.
The Court must not make a consent dispense order under this section on application of a person other than the Secretary unless not less than 14 days’ notice of the application has been given to the Secretary.
(cf AC Act s 32 (2) and (3))
A consent dispense order may be made—
(a) before an application for an adoption order has been made in relation to a child, or
(b) in conjunction with an adoption order in relation to a child.
Despite subsection (1) (a), a consent dispense order must not be made on the application of a person referred to in section 68 (c) except in conjunction with an adoption order in favour of that person or of that person and another person.
A consent dispense order relating to the adoption of a child made before an application for an adoption order has been made in relation to the child has effect for the purposes of any application for an adoption order that is subsequently made in relation to the child.
(cf AC Act s 32 (4))
A consent dispense order in relation to the adoption of a child made before an application for an adoption order has been made may be revoked by the Court at any time before the making of the adoption order.
The consent dispense order may be revoked on the Court’s own initiative or on the application of—
(a) the Secretary or of the person whose consent was dispensed with, or
(b) if the order was made on the application of a principal officer—the principal officer.
(cf AC Act s 32 (5))
The Court must not make a consent dispense order on the application of any person unless notice of the application has been given to the person whose consent is sought to be dispensed with at least 14 days before the order is made.
Subsection (1) does not apply if—
(a) the person cannot, after reasonable inquiry, be found or identified, or
(b) the person is in such a physical or mental condition as not to be capable of properly considering the question of whether he or she should give consent and his or her physical or mental health would, in the opinion of the Court, be detrimentally affected if he or she were to receive notice of the application, or
(c) the Court considers that in the particular circumstances of the case it is desirable to make an order without notice of the application having been given.
The Court must not revoke any consent dispense order on application of a person unless not less than 14 days’ notice of the application has been given—
(a) in the case of an application for revocation made by a person other than the Secretary—to the Secretary, and
(b) in the case of an application for revocation made by a person other than the principal officer who applied for the consent dispense order—to the principal officer, or
(c) if an application has been made to the Court for the adoption of the child by the parent (including the mother or father) or a relative of the child (whether alone or jointly with another person)—to the applicant or applicants.
(cf AC Act s 28)
A child who has consented to his or her adoption may revoke his or her consent by notice in writing given to the nominated officer at any time before the adoption order is made.
A person other than a child who has consented to a child’s adoption may revoke his or her consent by notice in writing given to the nominated officer before the end of the period of 30 days beginning on the day on which the instrument of consent to the adoption was signed (
Consent cannot be revoked under subsection (2) after the end of the revocation period.
As soon as practicable after receiving a notice under this section, the nominated officer is to give notice of the revocation—
(a) to the Secretary, and
(b) if it appears to the nominated officer that the consent concerned was given to a principal officer—to the principal officer, and
(c) if an application has been made to the Court for the adoption of the child by the parent (including the mother or father) or a relative of the child (whether alone or jointly with another person)—to the applicant or applicants.
If the Secretary ceases to have parental responsibility for a child under section 79 (1) (d), any consent to the adoption of the child given for the purposes of this Act is taken to be revoked.
If the Secretary ceases to have parental responsibility for a child under section 79 (1) (d), the Secretary is to give notice to—
(a) the nominated officer, and
(b) if the consent was given to a principal officer—the principal officer.
The Secretary (or, if the consent was given to a principal officer, the principal officer) must give notice to each person (other than the child) who consented to an adoption before the end of the revocation period that on the end of the revocation period the consent cannot be revoked and that an adoption order may be made.
The notice is to be given not less than 7 days before the revocation period ends.
See section 73 (2).
This Part provides for the parental responsibility for children between the period when consent to adoption is given and an adoption order made. Parental responsibility is given to the Secretary who has power to decide, for example, whether the child should be placed with authorised carers or the proposed adoptive parents, in this period.
(cf AC Act s 34 except (3) and (4))
The Secretary has parental responsibility for a child (for purposes other than the purposes of section 52) to the exclusion of all other persons after—
(a) general consent to the adoption of the child has been given by every person whose consent to the adoption of the child is required under this Act, or
(b) the requirement for consent has been dispensed with by the Court.
A person other than the Secretary or a person employed in the Department who witnesses a general consent to the adoption of a child must give the Secretary written notice that it has been given.
The notice is to be given within 7 days after the person witnesses the consent.
Subsection (1) does not apply to a child unless and until the Secretary—
(a) is satisfied that each person who is required to give general consent to the adoption of the child under this Act has given consent or that the Court has dispensed with the requirement for that person to consent, or
Note— Grounds on which the Court may dispense with consent include that, after reasonable inquiry, the person whose consent is required cannot be found or identified—see section 67.
(b) the Court makes an interim order under section 84 in favour of the Secretary,
whichever first occurs.
Within 21 days after the Secretary is satisfied as referred to in subsection (4), the Secretary may, by instrument in writing, decline parental responsibility for the child.
As soon as practicable after declining parental responsibility, the Secretary must cause a copy of the instrument to be given to each person who consented to the adoption of the child.
The Secretary takes parental responsibility for a child in place of a corresponding officer who has parental responsibility for the child under a corresponding law if the corresponding officer executes a parental responsibility renunciation instrument.
Subsection (7) applies only if—
(a) any consent to the adoption of the child held by the corresponding officer cannot be lawfully revoked by the person or persons by whom it was given, and
(b) the Secretary is satisfied the child is present in New South Wales, and
(c) the corresponding officer requested the Secretary to accept, and the Secretary by an instrument in writing forwarded to that officer, agreed to accept, parental responsibility for the child before the parental responsibility renunciation instrument was executed.
The Secretary has parental responsibility for purposes other than section 52.
Subsections (1) and (5) do not apply to a child who is under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998.
In this section—
The Secretary may execute a parental responsibility renunciation instrument in relation to a child the Secretary has parental responsibility for under section 75 if—
(a) consent to the adoption of the child cannot be lawfully revoked by the person or persons by whom it was given, and
(b) the Secretary is satisfied that the child is present in another State, and
(c) the Secretary has requested a corresponding officer to accept, and that officer has, by an instrument in writing forwarded to the Secretary, agreed to accept, parental responsibility for the child, and
(d) under a corresponding law, that officer will, on execution by the Secretary of a parental responsibility renunciation instrument, have parental responsibility for the child.
The Secretary ceases to have parental responsibility for the child on execution of the parental responsibility renunciation instrument.
As soon as practicable after executing the parental responsibility renunciation instrument, the Secretary must forward the instrument to that officer.
In this section—
This section applies to a non-citizen child who is subject to the Immigration (Guardianship of Children) Act 1946 of the Commonwealth on entry to Australia and in relation to whom an adoption order has not been made under any law.
The Secretary has parental responsibility for a child to whom this section applies and section 75 is, to the extent necessary, to apply to that child as if he or she were born in a State of the Commonwealth for so long as New South Wales is the normal place of residence of the child.
The Minister for Immigration of the Commonwealth is the guardian of a child arriving in Australia and who is subject to the Immigration (Guardianship of Children) Act 1946 of the Commonwealth until an adoption order is made. The functions of parental responsibility are presently delegated to the Secretary under section 5 of that Act.
(cf AC Act s 34 (3) and (4))
The Secretary must make a report to the Court concerning any child of whom the Secretary has parental responsibility under this Part if the Secretary has not, within a period of one year after taking over parental responsibility, ceased to have parental responsibility.
The Court may make any order concerning the parental responsibility for the child that it thinks fit.
Without limitation, an order under subsection (2) may, if the child is less than 18 years of age—
(a) declare the child to be under the parental responsibility of the Minister under the Children and Young Persons (Care and Protection) Act 1998, or
(b) order that the Secretary continue to have parental responsibility for the child for a further period of one year.
The Secretary continues to have parental responsibility for a child under section 75 or 78 until—
(a) an adoption order is made in relation to the child, or
(b) if consent has been given, the instrument of consent is lawfully revoked, or
(c) the Court, by order, makes other provision for parental responsibility for the child, or
(d) (Repealed)
(e) the Secretary declines to have parental responsibility for the child, or
Note— See section 75 (5).
(f) the Secretary renounces parental responsibility for the child, or
Note— See section 76.
(g) the child is declared to be, or is placed, under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998.
The Secretary may, on such terms and conditions as the Secretary thinks fit, place any child for whom the Secretary has parental responsibility under section 75 or 78 in the care responsibility of any suitable person who has agreed to have the child in his or her care.
The Secretary’s parental responsibility for a child under section 75 or 78 is suspended while the child is placed in some other person’s care responsibility pursuant to subsection (2).
The Secretary may at any time, and for any reason or no reason, make an order terminating a child’s placement under subsection (2) and directing that the child be returned to the parental responsibility of the Secretary.
The fact that the Secretary has parental responsibility for a child under this section does not affect the liability of any person to provide adequate means of support for the child.
The loss of parental responsibility for a non-citizen child under this section does not affect any duty imposed on the Secretary by any law with respect to the on-going supervision, and reports concerning, the child to be made to the appropriate authority in a Convention country or other place outside Australia, after the adoption of the child.
(cf Children and Young Persons (Care and Protection) Act 1998, section 232)
If—
(a) a child who is under the parental responsibility of the Secretary, or under the care responsibility of a person under section 79 (2), has, without lawful excuse, left, or been removed from, the care of the Secretary or person, as the case may be, and
(b) the Secretary is of the opinion that the child should be returned to that care,
the Secretary may, by order in writing, direct that the child be returned to that care.
(cf Children and Young Persons (Care and Protection) Act 1998, section 233)
The Secretary or a police officer may apply to an authorised officer for a search warrant if the Secretary or police officer has reasonable grounds for believing that—
(a) a child whom the Secretary has placed in some other person’s care responsibility pursuant to section 79 (2), or
(b) a child the subject of an order in force under section 79 (2B) or 79A,
may be found in any premises.
An authorised officer to whom such an application is made may issue a search warrant if satisfied that there are reasonable grounds for doing so.
A search warrant authorises the person named in the warrant—
(a) to enter the premises (if any) specified in the warrant, and
(b) to search the premises (if any) or elsewhere, or at large, for the presence of the child referred to in subsection (1) (a) or (b), and
An application for accreditation made by an organisation under Part 2 of Chapter 3 before its substitution by the amending Act and not finally dealt with before that substitution is to continue to be dealt with as if the Part had not been substituted unless the applicant elects to have the application dealt with under the Part as substituted.
Section 14, as inserted by the Child Protection Legislation Amendment Act 2015, extends to things done by, or with the approval of, a principal officer before the commencement of that section in the same way as it applies to things done by, or with the approval of, a principal officer after that commencement.
Sections 45AB and 45GB extend to any person residing on the same property as an applicant who has not been notified to the Secretary or a principal officer even if that person commenced residing on the same property as the applicant, or attained the age of 18 years, before the commencement of the relevant section.
In this Part—
Section 67, as amended by the amending Act, extends to proceedings on an application for an adoption order, that was made but not finally determined before the commencement of the amendments.
A person selected before the commencement date by the relevant administrator to be a guardian ad litem in proceedings in the Court is taken to have been validly appointed as a guardian ad litem if—
(a) a request was made to the administrator by or on behalf of the Court for a person to be selected as a guardian ad litem for—
(i) a child the subject of adoption proceedings, or
(ii) an adoptive parent of a child the subject of adoption proceedings, or
(iii) a birth parent of a child the subject of adoption proceedings, and
(b) the administrator notified the Court of the name of the person selected.
In this clause—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(a) an order for whose adoption was made under a former Act before the commencement of section 95 of this Act, or
(b) whose adoption in another State or in a country outside Australia was recognised under the Adoption of Children Act 1965 as having the same effect as if an order for adoption had been made under that Act, or
(c) an order for whose adoption was made under this Act, or
(d) whose adoption in another State is recognised under this Act as having the same effect as if an order for adoption had been made under this Act, or
(e) whose adoption in, or in a country outside, Australia is recognised and effective for the laws of this State under a law of this State or the Commonwealth.
(a) in Division 2 of Part 2 of Chapter 5—means a certificate issued in accordance with article 23 of the Convention, and
(b) in Division 3 of Part 2 of Chapter 5—means a document issued in accordance with the Commonwealth Bilateral Arrangements Regulations.
(a) arrangements for or towards or with a view to the adoption of a child (whether citizen or non-citizen), or
(b) negotiations for or towards or with a view to the adoption of a child (whether citizen or non-citizen), or
(c) arranging or assisting in the transfer of the care responsibility of or parental responsibility for a child (whether citizen or non-citizen), or
(d) arrangements for the provision of post-adoption information and for contact between adult parties to an adoption.
(a) has care and responsibility for a child under out-of-home care arrangements made under the Children and Young Persons (Care and Protection) Act 1998, or
(b) has responsibility for the day-to-day care, welfare and development of a child under the Family Law Act 1975 of the Commonwealth.
(a) a non-profit organisation carried on primarily or principally for religious, charitable, benevolent or philanthropic purposes, or
(b) a hospital (other than a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997) carried on by an organisation otherwise than for the purpose of trading or pecuniary profit or gain to its members, or
(c) an organisation or association that holds an authority under Part 2 of the Charitable Fundraising Act 1991, or
(d) any other organisation or organisation of a class prescribed by the regulations for the purposes of this definition.
(a) a person who is less than 18 years of age, or
(b) a person who is 18 or more years of age and in relation to whom an adoption is sought or has been made.
(a) for a prescribed overseas jurisdiction—a person, body or office in the jurisdiction responsible for approving the adoption of children, and
(b) for New South Wales—the Secretary.
(a) are married to each other, or
(b) are de facto partners of each other.
For the purposes of any Act or instrument, a person is the
(a) the person is in a registered relationship or interstate registered relationship with the other person within the meaning of the Relationships Register Act 2010, or
(b) the person is in a de facto relationship with the other person.
(a) the assessment of the suitability of a person or persons to adopt a child,
(b) the arrangements for or in relation to the allocation of a child to a person or persons who will adopt the child,
(c) the transfer of the care responsibility of or parental responsibility for a child to a person or persons willing to adopt the child,
(d) the giving of consent to the adoption of a child of whom the decision maker has parental responsibility.
(a) in relation to the Department of Communities and Justice—the Secretary, or
(b) in relation to a hospital controlled, or health service provided, by a local health district within the meaning of the Health Services Act 1997—the chief executive officer of the district, or
(c) in relation to a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997—the chief executive officer of the corporation or organisation, or
(d) in relation to the Ministry of Health—the Secretary of the Ministry, or
(e) in relation to an accredited adoption service provider—the principal officer of the accredited adoption service provider, or
(f) in relation to a private health facility within the meaning of the Private Health Facilities Act 2007—the licensee of the facility, or
(g) in relation to the Office of the Registrar—the Registrar, or
(h) in relation to any other institution, body or person prescribed as an information source for the purposes of this Act—the person prescribed as the designated person for that institution, body or person,
and includes a person to whom a function has been duly delegated by the designated person and a person authorised by the designated person in accordance with the guidelines prescribed by the regulations.
(a) the Child Welfare Act 1923 and the Child Welfare Act 1939 or either of those Acts, or
(b) the Adoption of Children Act 1965, or
(c) the Adoption Information Act 1990.
(a) a public hospital under the control of a local health district within the meaning of the Health Services Act 1997, or
(b) a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997, or
(c) a private health facility (within the meaning of the Private Health Facilities Act 2007).
(a) the Department of Communities and Justice, or
(b) the Ministry of Health, or
(c) an accredited adoption service provider, or
(d) a hospital, or
(e) the Office of the Registrar, or
(f) the Supreme Court, or
(g) any other institution, body or person prescribed as an information source for the purposes of this Act.
(a) the particulars relating to the adoption of the person based on the registered record kept under the Births, Deaths and Marriages Registration Act 1995,
(b) if the person’s birth is registered under the Births, Deaths and Marriages Registration Act 1995—the particulars relating to the birth of the person registered under section 17 of that Act,
(c) if the person’s birth is not registered under the Births, Deaths and Marriages Registration Act 1995—the information, if any, recorded on the Register pursuant to section 43(2)(b) of that Act that the Registrar considers appropriate for inclusion in the certificate in relation to the birth of the person.
(a) two persons who are legally married to one another, or
(b) two Aboriginal or Torres Strait Islander persons who are living together in a relationship that is recognised as a marriage according to the traditions of an Aboriginal community or Aboriginal or Torres Strait Islander group to which they belong.
(a) if the person’s birth is registered under the Births, Deaths and Marriages Registration Act 1995—a certificate certifying the particulars relating to the birth of the person registered under section 17 of that Act, or
(b) if the person’s birth is not so registered—a copy of any similar document relating to the adopted person identifying the birth parents of the person and contained in records relating to the adoption of the person that are held by an information source.
(a) the child,
(b) birth parent or birth parents who have consented to the child’s adoption,
(c) person or persons selected to be the prospective adoptive parent of the child,
(d) the Secretary,
(e) the appropriate principal officer.
On introduction of the Bill for this Act into Parliament, Schedule 1 referred to the People’s Republic of China.
(a) whether the relationship is of the whole blood or half blood or by marriage, and
(b) whether or not the relationship depends on the adoption of a person.
(a) a person to whom the person is married, or
(b) the person’s de facto partner.
(a) is not a birth parent, parent or adoptive parent of the particular person, and
(b) is married to the particular person’s birth parent or adoptive parent or is the de facto partner of the birth parent or adoptive parent.
Adoption Act 2000 No 75. Assented to 9.11.2000. Date of commencement, secs 12–15, 18 and 19 (1) and cl 3 of Sch 3 excepted, 1.2.2003, sec 2 and GG No 33 of 31.1.2003, p 591; date of commencement of secs 12–15, 18 and 19 (1) and cl 3 of Sch 3, 1.7.2005, sec 2 and GG No 81 of 1.7.2005, p 3308. This Act has been amended as follows—
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 1.2, assent, sec 2 (2). | |
No 118 | Aboriginal Land Rights Amendment Act 2001. Assented to 19.12.2001. Date of commencement, 25.10.2002, sec 2 and GG No 189 of 25.10.2002, p 9059. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 42 | Community Services Legislation Amendment Act 2002. Assented to 3.7.2002. Date of commencement, 1.12.2002, sec 2 and GG No 237 of 29.11.2002, p 10061. | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 2.2, assent, sec 2 (2). | |
No 73 | Miscellaneous Acts Amendment (Relationships) Act 2002. Assented to 1.10.2002. |
Date of commencement, 1.11.2002, sec 2 and GG No 201 of 1.11.2002, p 9302. | ||
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2002. Assented to 29.11.2002. Date of commencement of Sch 1.1, assent, sec 2 (3). | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 2.1, assent, sec 2 (2). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 91 | Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004. Date of commencement of Sch 2.1, assent, sec 2 (2). | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 80 | Succession Act 2006. Assented to 27.10.2006. Date of commencement, 1.3.2008, sec 2 and GG No 16 of 15.2.2008, p 707. | |
No 112 | Adoption Amendment Act 2006. Assented to 4.12.2006. Date of commencement, assent, sec 2. | |
No 9 | Private Health Facilities Act 2007. Assented to 15.6.2007. Date of commencement, 1.3.2010, sec 2 and 2010 (53) LW 26.2.2010. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 103 | Adoption Amendment Act 2008. Assented to 4.12.2008. Date of commencement of Sch 1 [1]–[21] and [32]–[34], 1.1.2009, sec 2 and GG No 158 of 19.12.2008, p 12301; date of commencement of Sch 1 [22]–[31], 1.1.2010, sec 2 and 2009 (609) LW 18.12.2009. Amended by Statute Law (Miscellaneous Provisions) Act 2009 No 56. Assented to 1.7.2009. Date of commencement of Sch 1.2, 17.7.2009, sec 2 (2). | |
No 29 | Succession Amendment (Intestacy) Act 2009. Assented to 9.6.2009. Date of commencement, 1.3.2010, sec 2 and 2010 (55) LW 26.2.2010. | |
No 49 | NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 1.1, 17.7.2009, sec 2 (2). | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Schs 1.2 and 2.1, 9.7.2010, sec 2 (2). | |
No 66 | Adoption Amendment (Same Sex Couples) Act 2010. Assented to 15.9.2010. Date of commencement, assent, sec 2. | |
No 97 | Health Services Amendment (Local Health Networks) Act 2010. Assented to 16.11.2010. Date of commencement of Sch 2, 1.1.2011, sec 2 (1) and 2010 (716) LW 17.12.2010. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 1.1, assent, Sch 1.1. | |
No 135 | Courts and Crimes Legislation Further Amendment Act 2010. Assented to 7.12.2010. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 4 | Health Services Amendment (Local Health Districts and Boards) Act 2011. Assented to 16.5.2011. Date of commencement, 1.7.2011, sec 2 and 2011 (313) LW 1.7.2011. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 1.1, 8.7.2011, sec 2 (2). | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013. Date of commencement of Sch 2.1, 5.7.2013, sec 2 (1). | |
No 79 | Adoption Legislation Amendment (Overseas Adoption) Act 2013. Assented to 29.10.2013. Date of commencement, assent, sec 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 8 | Child Protection Legislation Amendment Act 2014. Assented to 1.4.2014. Date of commencement, 29.10.2014, sec 2 and 2014 (322) LW 6.6.2014. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 8.7.2015, sec 2 (1). | |
No 29 | Child Protection Legislation Amendment Act 2015. Assented to 28.9.2015. Date of commencement of Sch 1, 2.11.2015, sec 2 and 2015 (619) LW 15.10.2015. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 43 | Adoption Amendment (Institute of Open Adoption Studies) Act 2016. Assented to 21.9.2016. Date of commencement, assent, sec 2. | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 28 | Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2. | |
No 81 | Children and Young Persons (Care and Protection) Amendment Act 2018. Assented to 28.11.2018. Date of commencement, 4.2.2019, sec 2 and 2019 (3) LW 18.1.2019. | |
No 25 | Children’s Guardian Act 2019. Assented to 4.12.2019. Date of commencement of Sch 5.1, 1.3.2020, sec 2(1). | |
No 22 | Adoption Legislation Amendment (Integrated Birth Certificates) Act 2020. Assented to 28.9.2020. Date of commencement, 16.11.2020, sec 2 and 2020 (650) LW 6.11.2020. | |
No 16 | Families, Communities and Disability Services Miscellaneous Amendment Act 2021. Assented to 23.6.2021. Date of commencement, assent, sec 2. | |
No 45 | Stronger Communities Legislation Amendment (Children) Act 2021. Assented to 8.12.2021. Date of commencement of Sch 1, assent, sec 2(1). | |
No 33 | Children’s Guardian Amendment Act 2022. Assented to 1.7.2022. Date of commencement of Sch 2, 1.9.2022, sec 2(b). | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 2.1, assent, sec 2(c). |
Sec 4 | Am 2001 No 118, Sch 2.1. |
Sec 8 | Am 2008 No 103, Sch 1 [1] [2]. |
Chapter 3, Note | Am 2019 No 25, Sch 5.1[1] [2]. |
Sec 10 | Am 2006 No 112, Sch 2 [1] [2]; 2014 No 8, Sch 2.1 [1] [2]. |
Sec 11 | Am 2014 No 8, Sch 2.1 [3] [4]; 2019 No 25, Sch 5.1[3]. |
Chapter 3, Part 2 | Subst 2014 No 8, Sch 2.1 [5]. Rep 2019 No 25, Sch 5.1[4]. |
Sec 12 | Subst 2014 No 8, Sch 2.1 [5]. Rep 2019 No 25, Sch 5.1[4]. |
Sec 13 | Am 2006 No 112, Sch 1 [1] [2]. Subst 2014 No 8, Sch 2.1 [5]. Rep 2019 No 25, Sch 5.1[4]. |
Chapter 3, Part 3 | Ins 2015 No 29, Sch 1 [2]. |
Sec 14 | Rep 2014 No 8, Sch 2.1 [5]. Ins 2015 No 29, Sch 1 [2]. Rep 2022 No 33, Sch 2.1. |
Sec 15 | Am 2002 No 112, Sch 1.1 [3] [4]. Rep 2014 No 8, Sch 2.1 [5]. |
Sec 16 | Am 2002 No 112, Sch 1.1 [3]. Rep 2014 No 8, Sch 2.1 [5]. |
Sec 17 | Am 2002 No 112, Sch 1.1 [3] [5]. Rep 2014 No 8, Sch 2.1 [5]. |
Secs 18, 19 | Rep 2014 No 8, Sch 2.1 [5]. |
Sec 20 | Am 2002 No 112, Sch 1.1 [3] [4]. Rep 2014 No 8, Sch 2.1 [5]. |
Sec 21 | Am 2002 No 112, Sch 1.1 [3]. Rep 2014 No 8, Sch 2.1 [5]. |
Sec 23 | Am 2010 No 66, Sch 1 [1]. |
Sec 24 | Am 2006 No 112, Schs 1 [3] [4], 2 [3]; 2008 No 103, Sch 1 [3] [4]. |
Sec 26 | Am 2015 No 15, Sch 2.1. |
Sec 28 | Am 2008 No 103, Sch 1 [5]. |
Sec 29 | Am 2008 No 103, Sch 1 [6]; 2023 No 35, Sch 2.1. |
Sec 30 | Am 2008 No 103, Sch 1 [7] [8]. |
Sec 33 | Am 2002 No 112, Sch 1.1 [6]; 2004 No 91, Sch 2.1; 2008 No 103, Sch 1 [9]. |
Sec 37 | Am 2002 No 112, Sch 1.1 [7]; 2008 No 103, Sch 1 [10]. |
Chapter 4, Part 3, heading | Am 2014 No 8, Sch 2.1 [6]. |
Sec 41 | Subst 2014 No 8, Sch 2.1 [7]. |
Sec 41A | Ins 2015 No 29, Sch 1 [3]. |
Sec 43 | Am 2002 No 112, Sch 1.1 [3]. |
Sec 45 | Am 2014 No 8, Sch 2.1 [8]; 2015 No 29, Sch 1 [4]. |
Sec 45A | Ins 2010 No 66, Sch 1 [2]. |
Secs 45AA, 45AB | Ins 2015 No 29, Sch 1 [5]. |
Sec 45B | Ins 2010 No 66, Sch 1 [2]. |
Chapter 4, Part 3A | Ins 2014 No 8, Sch 2.1 [9]. |
Sec 45C | Ins 2014 No 8, Sch 2.1 [9]. |
Sec 45CA | Ins 2015 No 29, Sch 1 [6]. |
Sec 45D | Ins 2014 No 8, Sch 2.1 [9]. Subst 2015 No 29, Sch 1 [7]. |
Secs 45E–45G | Ins 2014 No 8, Sch 2.1 [9]. |
Secs 45GA, 45GB | Ins 2015 No 29, Sch 1 [8]. |
Sec 45H | Ins 2014 No 8, Sch 2.1 [9]. |
Sec 46 | Am 2006 No 112, Sch 1 [5]; 2008 No 103, Sch 1 [11]; 2014 No 8, Sch 2.1 [10]. |
Sec 49 | Am 2006 No 112, Sch 2 [4]. |
Sec 52 | Am 2006 No 112, Sch 2 [5] [6]. |
Sec 53 | Am 2001 No 112, Sch 1.2; 2006 No 112, Sch 2 [7] [8]. |
Sec 54 | Am 2006 No 112, Sch 2 [9] [10]; 2008 No 103, Sch 1 [12]; 2009 No 56, Sch 1.1 [1] [2]; 2010 No 59, Sch 2.1. |
Sec 55 | Am 2008 No 103, Sch 1 [13]. |
Sec 56 | Am 2006 No 112, Sch 2 [11]. |
Sec 59 | Am 2008 No 103, Sch 1 [14]. |
Sec 60 | Am 2008 No 103, Sch 1 [15]. |
Sec 63 | Am 2008 No 103, Sch 1 [16]. |
Sec 64 | Am 2002 No 112, Sch 1.1 [8]–[10]. |
Sec 65 | Am 2002 No 112, Sch 1.1 [11]–[13]. |
Sec 67 | Am 2006 No 112, Schs 1 [6], 2 [12] [13]; 2018 No 81, Sch 2 [1]–[3]. |
Secs 68, 72 | Am 2018 No 28, Sch 2.1 [3]. |
Sec 73 | Am 2006 No 112, Sch 2 [14]; 2018 No 28, Sch 2.1 [3]. |
Chapter 4, Part 6, heading | Am 2006 No 112, Sch 2 [15]. |
Chapter 4, Part 6, note | Am 2006 No 112, Sch 2 [16]–[18]; 2016 No 43, Sch 1 [1]. |
Sec 75 | Am 2006 No 112, Sch 2 [19]–[28]; 2015 No 58, Sch 3.2. |
Sec 76 | Am 2006 No 112, Sch 2 [29]–[33]. |
Sec 77 | Am 2006 No 112, Sch 2 [34] [35]. |
Sec 78 | Am 2006 No 112, Sch 2 [36]–[40]. |
Sec 79 | Am 2006 No 112, Schs 1 [7] [8], 2 [41]–[45]. |
Secs 79A, 79B | Ins 2006 No 112, Sch 1 [9]. |
Sec 87 | Am 2008 No 103, Sch 1 [17] [18]. |
Sec 91 | Subst 2008 No 103, Sch 1 [19]. Am 2010 No 119, Sch 1.1 [1] [2]; 2011 No 27, Sch 1.1 [1]–[5]; 2016 No 43, Sch 1 [2] [3]; 2019 No 25, Sch 5.1[5]. |
Sec 92 | Am 2006 No 112, Sch 2 [46]. |
Sec 93 | Am 2006 No 112, Sch 2 [47]. |
Sec 95 | Am 2009 No 29, Sch 2.1 [1]. |
Sec 96 | Am 2006 No 112, Sch 2 [48]. |
Sec 97 | Am 2009 No 29, Sch 2.1 [2]. |
Sec 99 | Am 2006 No 80, Sch 3.2 [1]; 2009 No 29, Sch 2.1 [3]. |
Sec 100 | Am 2006 No 80, Sch 3.2 [2]. |
Sec 101 | Am 2008 No 103, Sch 1 [20] [21]. |
Sec 119 | Am 2005 No 98, Sch 3.2 [1]. |
Sec 122 | Am 2005 No 98, Sch 3.2 [2]–[4]. |
Sec 123 | Am 2005 No 98, Sch 3.2 [3] [4]. |
Sec 124 | Am 2005 No 98, Sch 3.2 [2]–[5]. |
Sec 124AA | Ins 2021 No 45, Sch 1[1]. |
Sec 124A | Ins 2010 No 135, Sch 2. Am 2013 No 47, Sch 2.1 [1]; 2015 No 29, Sch 1 [9]; 2019 No 25, Sch 5.1[6]; 2021 No 45, Sch 1[2]. |
Sec 130A | Ins 2013 No 79, Sch 1 [1]. |
Sec 133A | Ins 2008 No 103, Sch 1 [22]. Am 2020 No 22, Sch 1[1]. |
Secs, 133AA, 133AB | Ins 2021 No 16, Sch 1[1]. |
Chapter 8, Part 2, Div 1 | Ins 2008 No 103, Sch 1 [23]. |
Sec 133B | Ins 2008 No 103, Sch 1 [23]. |
Sec 133C | Ins 2008 No 103, Sch 1 [23] (am 2009 No 56, Sch 1.2 [1]). Am 2020 No 22, Sch 1[2] [3]. |
Sec 133D | Ins 2008 No 103, Sch 1 [23]. Am 2020 No 22, Sch 1[4]. |
Sec 133E | Ins 2008 No 103, Sch 1 [23]. Am 2020 No 22, Sch 1[5]. |
Sec 133F | Ins 2008 No 103, Sch 1 [23]. Am 2020 No 22, Sch 1[6]. |
Sec 133G | Ins 2008 No 103, Sch 1 [23]. |
Chapter 8, Part 2, Div 2, heading | Ins 2008 No 103, Sch 1 [24]. |
Sec 133H | Ins 2008 No 103, Sch 1 [24]. |
Sec 134 | Am 2020 No 22, Sch 1[7]–[9]. |
Sec 135 | Am 2020 No 22, Sch 1[10] [11]. |
Sec 136 | Am 2008 No 103, Sch 1 [25] [26]; 2020 No 22, Sch 1[12] [13]. |
Sec 136A | Ins 2008 No 103, Sch 1 [27] (am 2009 No 56, Sch 1.2 [2]). Am 2015 No 58, Sch 3.2. |
Chapter 8, Part 2, Div 3, heading | Ins 2008 No 103, Sch 1 [28]. |
Sec 137 | Am 2002 No 73, Sch 1.1 [1]–[3]; 2008 No 103, Sch 1 [29]; 2010 No 66, Sch 1 [3]; 2020 No 22, Sch 1[14]. |
Sec 138 | Am 2020 No 22, Sch 1[15]. |
Sec 140 | Am 2008 No 103, Sch 1 [30]. |
Sec 141 | Rep 2008 No 103, Sch 1 [31]. |
Sec 143A | Ins 2006 No 112, Sch 1 [10]. |
Sec 145 | Am 2020 No 22, Sch 1[16]. |
Sec 159 | Am 2020 No 22, Sch 1[17]. |
Sec 162 | Am 2013 No 95, Sch 5.1 [1]. |
Sec 164 | Am 2013 No 95, Sch 5.1 [2]; 2020 No 22, Sch 1[18]. |
Sec 175A | Ins 2016 No 43, Sch 1 [4]. |
Sec 176 | Am 2006 No 112, Sch 2 [49]. |
Sec 180 | Am 2006 No 112, Sch 2 [50]. Subst 2008 No 103, Sch 1 [32]. |
Sec 180A | Ins 2008 No 103, Sch 1 [32]. |
Sec 184 | Am 2006 No 112, Sch 2 [51] [52]. |
Sec 185 | Am 2006 No 112, Sch 2 [53]. |
Sec 186 | Am 2010 No 59, Sch 1.2 [1] [2]. |
Sec 188 | Am 2020 No 22, Sch 1[19]. |
Chapter 10, note | Am 2013 No 95, Sch 2.2 [1]. |
Sec 189 | Am 2003 No 40, Sch 2.1; 2013 No 95, Sch 2.2 [2]. |
Sec 190 | Am 2013 No 95, Sch 2.2 [3]. |
Sec 192 | Am 2013 No 95, Sch 2.2 [4] [5]. |
Sec 193 | Am 2002 No 42, Sch 4.1; 2002 No 112, Sch 1.1 [3]; 2013 No 95, Sch 2.2 [6]; 2014 No 8, Sch 2.1 [11]. |
Sec 194 | Am 2021 No 16, Sch 1[2]. |
Secs 195, 196 | Subst 2002 No 112, Sch 1.1 [14]. |
Sec 197 | Am 2017 No 25, Sch 1.1. |
Sec 199 | Am 2013 No 95, Sch 5.1 [3]; 2020 No 22, Sch 1[20]. |
Sec 202 | Am 2009 No 49, Sch 2.2. |
Sec 202A | Ins 2006 No 112, Sch 1 [11]. |
Sec 204 | Am 2001 No 121, Sch 2.5 [1]–[3]; 2007 No 94, Sch 2. |
Sec 208 | Am 2014 No 8, Sch 2.1 [12] [13]; 2016 No 43, Sch 1 [5]; 2019 No 25, Sch 5.1[7] [8]. |
Sec 211 | Rep 2003 No 82, Sch 3. |
Sch 2 | Am 2002 No 53, Sch 2.2. Rep 2003 No 82, Sch 3. |
Sch 3 | Am 2006 No 112, Sch 1 [12] [13]; 2008 No 103, Sch 1 [33] [34]; 2009 No 29, Sch 2.1 [4] [5]; 2013 No 79, Sch 1 [2] [3]; 2014 No 8, Sch 2.1 [14]; 2015 No 29, Sch 1 [10]; 2018 No 81, Sch 2 [4]; 2021 No 45, Sch 1[3]. |
Dictionary | Am 2002 No 112, Sch 1.1 [15]; 2005 No 98, Sch 3.2 [6]; 2006 No 112, Sch 2 [54]–[58]; 2007 No 9, Sch 5.1 [1] [2]; 2009 No 56, Sch 1.1 [3] [4]; 2010 No 66, Sch 1 [4]–[7]; 2010 No 97, Sch 2.1; 2011 No 4, Sch 2.1 [1] [2]; 2013 No 47, Sch 2.1 [2]–[4]; 2014 No 8, Sch 2.1 [15]–[18]; 2015 No 29, Sch 1 [11]; 2016 No 43, Sch 1 [6]; 2018 No 28, Sch 2.1 [1] [2]; 2019 No 25, Sch 5.1[9] [10]; 2020 No 22, Sch 1[21]; 2021 No 45, Sch 1[4]. |
The whole Act (except cl 3 (3) of Sch 3) | Am 2002 No 112, Sch 1.1 [1] (“adoption agency” omitted wherever occurring, “adoption service provider” inserted instead). |
The whole Act (except the heading to cl 3 of Sch 3) | Am 2002 No 112, Sch 1.1 [2] (“adoption agencies” omitted wherever occurring, “adoption service providers” inserted instead). |
The whole Act (except Sch 3) | Am 2015 No 29, Sch 1 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively). |
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