Adoption Amendment Act 1998 (TAS)

Adoption Amendment Act 1998

An Act to amend the Adoption Act 1988

[Royal Assent 18 December 1998]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Adoption Amendment Act 1998 . 2Commencement (1)  Sections 1 , 3 , 10 and 12 and this section commence on the day on which this Act receives the Royal Assent. (2)  The remaining provisions of this Act commence 6 months after the day on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Adoption Act 1988 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of child : contact veto means a contact veto referred to in section 90(3)(c) ; (b) by omitting "child" from the definition of natural relative and substituting "lineal descendant". 5Section 82 amended (Adopted person's right to information at age 18) Section 82 of the Principal Act is amended by omitting subsections (2) and (3) and substituting the following subsections: (2)  Before an adopted person is given any information that identifies, or identifies the whereabouts of, one of his or her natural parents or natural relatives, he or she is to undertake not to contact that natural parent or natural relative if that natural parent or natural relative – (a) has entered a contact veto in an Adoption Information Register in respect of the adopted person; and (b) has not withdrawn the contact veto from the Register. (3)  An undertaking is to be in writing in a form determined by the Director. 6Section 83 amended (Information about adopted person under age 18) Section 83 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or natural relative" after "parent"; (b) by inserting in subsection (2) "or natural relative" after "natural parent"; (c) by inserting in subsection (3) "or natural relative" after "natural parent"; (d) by inserting the following subsections after subsection (3) : (4)  If an adopted person dies before attaining the age of 18 years, a natural parent or natural relative of the adopted person, on application under subsection (1) , is entitled to be given the following information: (a) the identity of the adopted person; (b) the date of death of the adopted person; (c) the place of burial or other disposal of the body of the adopted person; (d) the identity of the adoptive parents. (5)  Before a natural parent or natural relative of an adopted person referred to in subsection (4) is given any information under that subsection that identifies, or identifies the whereabouts of, an adoptive parent of the adopted person, the natural parent or natural relative is to undertake not to contact that adoptive parent if that adoptive parent – (a) has entered a contact veto in an Adoption Information Register in respect of the natural parent or natural relative; and (b) has not withdrawn the contact veto from the Register. (6)  An undertaking is to be in writing in a form determined by the Director. 7Section 84 amended (Information about adult adopted person) Section 84 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or natural relative" after "parent"; (b) by omitting subsections (2) and (3) and substituting the following subsections: (2)  Before a natural parent or natural relative of an adopted person is given any information that identifies, or identifies the whereabouts of, the adopted person or an adoptive parent of the adopted person, the natural parent or natural relative is to undertake not to contact the adopted person or adoptive parent if the adopted person or adoptive parent – (a) has entered a contact veto in an Adoption Information Register in respect of the natural parent or natural relative; and (b) has not withdrawn the contact veto from the Register. (3)  An undertaking is to be in writing in a form determined by the Director. 8Section 85 repealed Section 85 of the Principal Act is repealed. 9Sections 86A , 86B and 86C insertedAfter section 86 of the Principal Act , the following sections are inserted in Division 2: 86ADecision of relevant authority (1)  A relevant authority, on receiving an application for information under this Division, may decide to – (a) give all the information sought; or (b) refuse to give any or all of that information. (2)  Notice of a decision under subsection (1)(b) is to – (a) be in writing; and (b) specify the reasons for the decision. 86BReview of decision of relevant authority (1)  An applicant for information under this Division may apply for a review of a decision under section 86A(1)(b) . (2)  An application for a review of a decision is to be made to the Director or to the principal officer of an approved agency within 28 days after the applicant receives notice of the decision. (3)  The Director or principal officer, as soon as practicable, is to – (a) review the decision and make a fresh decision; or (b) arrange for another person to review the decision and make a fresh decision. (4)  A decision under subsection (3) may be to – (a) give the information that the relevant authority refused to give; or (b) refuse to give any or all of that information. (5)  Notice of a decision under subsection (4)(b)  is to – (a) be in writing; and (b) specify the reasons for the decision. 86CReview by Ombudsman (1)  A person may apply to the Ombudsman for a review of a decision under section 86A(1)(b) or section 86B(4)(b) . (2)  A person may apply to the Ombudsman under subsection (1) only if he or she has applied for a review under section 86B and – (a) 14 days have elapsed since the application for a review was made; or (b) the person has been informed of the result of the review. (3)  The Ombudsman is to make a decision within 30 days after receiving the application. (4)  The Ombudsman is to inform the relevant authority of the decision. (5)  The relevant authority is to take any action necessary to implement the decision. 10Section 90 amended (Adoption Information Registers) Section 90 of the Principal Act is amended as follows: (a) by omitting from subsection (3)(b)(ii) "to –" and substituting "to; and"; (b) by inserting the following subparagraph after subparagraph (ii) in subsection (3)(b) : (iii) being contacted by – (c) by omitting from subsection (3)(b) "Register." and substituting "Register; and"; (d) by inserting the following paragraph after paragraph (b) in subsection (3) : (c) on behalf of any person whose name is entered in the Register, a contact veto specifying any person or class of persons by whom the registered person does not wish to be contacted. (e) by inserting the following subsection after subsection (3) : (3A)  Any wish not to be contacted or met by any person or class of persons made under subsection (3)(b) , before or after the commencement of section 10 of the Adoption Amendment Act 1998 , by a person whose name is entered in an Adoption Information Register is taken to be a contact veto. (f) by omitting from subsection (5)(b) "and natural parents" and substituting ", natural parents, natural relatives and adoptive parents"; (g) by inserting in subsection (5)(b) "being contacted by" after "about,". 11Section 115A insertedAfter section 115 of the Principal Act , the following section is inserted in Division 2: 115ACompliance with undertaking An adopted person or an adoptive parent, natural parent or natural relative of an adopted person must not fail to comply with any undertaking not to contact any person.Penalty:  Fine not exceeding 25 penalty units. 12Section 118 amended (Regulations) Section 118(2) of the Principal Act is amended by inserting after paragraph (g) the following paragraph: (ga) the maintaining of the Adoption Information Registers for the purpose of section 90 ; 13Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Act 1998 amendedSchedule 2 to the Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Act 1998 is amended by inserting in item 24 the following sections after "73(1) and (2)":

82(3)

83(6)

84(3)

86B(2) and (3)

[Second reading presentation speech made in:

House of Assembly on 8 DECEMBER 1998

Legislative Council on 9 DECEMBER 1998]