An Act to amend the Adoption Act 2000 in relation to the adoption of adults, the adoption of Aboriginal and Torres Strait Islander children and certain other matters; and for other purposes.
This Act is the Adoption Amendment Act 2006.
This Act commences on the date of assent to this Act.
The Adoption Act 2000 is amended as set out in Schedules 1 and 2.
The Law Enforcement (Powers and Responsibilities) Act 2002 is amended as set out Schedule 3.
This Act is repealed on the day following the day on which this Act commences.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
Omit “The regulations may prescribe” from section 13 (2).
Insert instead “The Director-General may, by order published in the Gazette, establish”.
Insert after section 13 (2):
Sections 40 and 41 of the Interpretation Act 1987 apply to an order referred to in subsection (2) in the same way as they apply to a statutory rule within the meaning of that Act.
A copy of any standards in force under subsection (2) (b) must be kept posted on the Department’s internet website.
Omit “before the application was made” from section 24 (2) (a).
Insert instead “prior to the child reaching the age of 18 years”.
Insert after section 24 (2) (after the note):
An adoption order may also be made in relation to a child who was 18 or more years of age when the application for the order was made, but was brought up, maintained and educated by the applicant for less than the period referred to in subsection (2) (a), if the Court is satisfied that there are exceptional circumstances that justify making the order.
Insert after section 46 (2):
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).
Insert at the end of section 67 (1) (c):
, or
if an application has been made to the Court for the adoption of the child by one or more persons who are authorised carers for the child:
(i) the child has established a stable relationship with those carers, and
(ii) the adoption of the…