Adoption Amendment Regulation 2010 (No 1) (ACT)

Adoption Amendment Regulation 2010 (No 1)

Subordinate Law SL2010-32

The Australian Capital Territory Executive makes the following regulation under the Adoption Act 1993.

Dated 9 July 2010.

Ms Joy Burch

Minister

Simon Corbell

Minister

Adoption Amendment Regulation 2010 (No 1)

Subordinate Law SL2010-32

made under the

Adoption Act 1993

Contents

Page

1. Name of regulation  1

2. Commencement  1

3. Legislation amended  1

4. Section 3, definition of adoption list  1

5. Section 3, definitions (as amended)  1

6. Section 3, remainder  1

7. Part 2 heading  2

8. Section 4  2

9. Section 11 (f)  3

10. Section 23 (4)  3

11. Section 25 (1) (a) (i)  3

12. New dictionary  4

13. Further amendments, mentions of child  5

14. Further amendments, mentions of children  5

1. Name of regulation

   This regulation is the Adoption Amendment Regulation 2010 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Adoption Regulation 1993.

4. Section 3, definition of adoption list

   omit

5. Section 3, definitions (as amended)

   relocate to dictionary

6. Section 3, remainder

   substitute

7. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

8. Part 2 heading

   substitute

Part 2Register of suitable people

1. Section 4

   substitute

2. Register of suitable people—requests for inclusion

   For the Act, section 18 (1), a request by an applicant for approval to be registered as suitable for the placement of a child or young person for adoption must state the following:

   (a)in relation to the applicant—

   (i)full name; and

   (ii)usual place of residence; and

   (iii)occupation; and

   (iv)date and place of birth; and

   (v)domicile; and

   (vi)religion (if any); and

   (vii)state of health; and

   (viii)financial circumstances;

   (b)if the applicant is in a domestic partnership—the length of the partnership;

   (c)in relation to each child (if any) of the applicant (whether a birth child or adopted child)—

   (i)sex and date of birth; and

   (ii)the state of health of any living child; and

   (iii)if any child has died—the date of death;

   (d)whether the applicant has ever been refused an adoption order;

   (e)whether an adoption order or interim order in the applicant’s favour has been discharged;

   (f)whether the applicant’s name is entered on a list of people seeking to adopt a child in another State or Territory;

   (g)if paragraph (f) applies—particulars of the entry on the relevant adoption list.

3. Section 11 (f)

   omit

   Act, section 19 (1) (a)

   substitute

   Act, section 39D (1)

4. Section 23 (4)

   substitute

   (4)The registrar-general must register a copy of an adoption order declared by the court under the Act, section 57M to be an adoption that complies with the Act, section 57L by entering the relevant particulars in the register of adoptions.

5. Section 25 (1) (a) (i)

   substitute

   (i)of the child’s or young person’s name after adoption; and

6. New dictionary

   insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     chief executive (see s 163)

·     domestic partner (see s 169 (1))

·     function

·     proceeding.

Note 3Terms used in this regulation have the same meaning that they have in the Adoption Act 1993 (see Legislation Act, s 148). For example, the following terms are defined in the Adoption Act 1993, dict:

·     adoption order

·     birth parent

·     charitable organisation

·     court

·     general consent

·     guardian

·     instrument of consent

·     interim order

·     limited consent

·     principal officer

·     private adoption agency

·     register of births

·     register of suitable people.

1. Further amendments, mentions of child

   omit

   child

   substitute

   child or young person

   in

   ·     section 4 (g)

   ·     section 6 (b)

   ·     section 11 (a)

   ·     section 14 (1) (i) (2nd and 3rd mention)

   ·     section 14 (1) (j) (i)

   ·     section 18

   ·     section 25

   ·     section 27B (1) (a)

   ·     section 28 (b)

   ·     section 29

   ·     schedule 2 and note

2. Further amendments, mentions of children

   omit

   children

   substitute

   children or young people

   in

   ·     section 12 (1) (b), note

   ·     section 14

   ·     sections 16 to 18

Endnotes

1. Notification

   Notified under the Legislation Act on 2 August 2010.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2010