Adoption (Amendment) Regulations 2001 (Vic)
Adoption (Amendment) Regulations 2001
S.R. No. 116/2001
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Amendment of heading to Part 2 2 6. New Divisions 2A and 2B of Part 2 inserted 2 Division 2A—Accredited Bodies for Hague Convention Adoptions 2
10A. Application for accreditation 2 10B. Additional criteria for accreditation 3 10C. Code of conduct for accredited bodies and staff 4
Division 2B—Prescribed Overseas Jurisdictions 4
10D. Overseas jurisdiction 4
7. Part 3 revoked 4 8. Requirements to be satisfied by applicants for adoption 4 9. New Division 1A of Part 6 inserted 4 Division 1A—Approval of Persons to Adopt Children 5
35A. Application for approval as a fit and proper person 5 35B. Requirements to be satisfied by applicants for approval as fit and proper persons to adopt a child 5
10. Amendment to Schedule 2 5 11. Schedule 3 substituted 6 12. New Schedule 3A inserted 9 13. Amendments to Schedule 4 11 14. Amendment to Schedule 5 11 15. Updating references to Director-General 11
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ENDNOTES 15
i
STATUTORY RULES 2001
S.R. No. 116/2001
Adoption Act 1984
Adoption (Amendment) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 30 October 2001Responsible Minister:
CHRISTINE CAMPBELL
Minister for Community Services
HELEN DOYE
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Adoption Regulations 1998 to—
(a)
update the list of prescribed persons or organisations in places outside Australia for adoption of children in Victoria;
(b)
prescribe requirements in relation to accredited bodies;
(c) prescribe an overseas jurisdiction for the
purposes of Part IVB of the Adoption Act
1984;
(d)
prescribe matters to be included in applications for approval as fit and proper persons to adopt children;
(e) update references to the Director-General.
Adoption (Amendment) Regulations 2001
S.R. No. 116/2001 r. 2
2. Authorising provision
These Regulations are made under section 130 of the Adoption Act 1984.
3. Commencement
These Regulations come into operation on
1 January 2002.
4. Principal Regulations
In these Regulations, the Adoption Regulations
19981 are called the Principal Regulations.
5. Amendment of heading to Part 2
In the heading to Part 2 of the Principal
Regulations, after "AGENCIES" insert
", ACCREDITED BODIES, OVERSEASJURISDICTIONS".
6. New Divisions 2A and 2B of Part 2 inserted
In Part 2 of the Principal Regulations, after
Division 2 insert—
"Division 2A—Accredited Bodies for Hague
Convention Adoptions
10A. Application for accreditation
For the purposes of section 69N(2)(a) of the
Act, the prescribed information is—
(a) the name and address of the approved
agency or, if not yet approved, the
name of the organisation and location
of the proposed agency for whichapproval has been sought;
(b) a written statement to the effect that the
agency has accommodation available
for its use and that the accommodation
does not form part of, and is not
adjacent to, accommodation that is used
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| by an aid organisation or an organisation that represents adoptive parents; |
(c) a written statement to the effect that the
agency is not associated with the
collection and disbursement of aid to anoverseas country.
10B. Additional criteria for accreditation
For the purposes of section 69O(1)(b)(ii) of the Act, the prescribed criteria are—
(a) the body must be an incorporated non profit body; (b) the body must not be a party to negotiations or an agreement for the establishment of adoption arrangements with overseas countries; (c) who has social science qualifications
and experience in adoption, substitute
care or family services to supervise thethe body must have a principal officer the body;
(d) the body must be financially viable;
(e)
the body must have accommodation available for its use that—
(i) assessment, interviews, training
is suitable for the conduct of arrangements;
(ii) does not form part of, and is not adjacent to, accommodation that is
Adoption (Amendment) Regulations 2001
S.R. No. 116/2001 r. 7 used by an aid organisation or an
organisation that representsadoptive parents;
(f)
the body must not be associated with the collection and disbursement of aid to an overseas country;
(g)
the body must have suitable facilities for the confidential storage of records.
10C. Code of conduct for accredited bodies and
staff
For the purposes of section 69O(2)(c) of the Act, the prescribed code of conduct is the code of conduct for accredited bodies and their staff set out in Schedule 3A.
Division 2B—Prescribed Overseas
Jurisdictions
10D. Overseas jurisdiction
The People's Republic of China is prescribed as an overseas jurisdiction for the purposes of Part IVB of the Act.".
7. Part 3 revoked
Part 3 of the Principal Regulations is revoked.
8. Requirements to be satisfied by applicants for adoption
In regulation 35(b) of the Principal Regulations, for "suitable" substitute "a fit and proper person".
9. New Division 1A of Part 6 inserted
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In Part 6 of the Principal Regulations, after
Division 1 insert—
"Division 1A—Approval of Persons to Adopt
Children
35A. Application for approval as a fit and proper
person
For the purposes of section 13(2) of the Act, an application for approval as a fit and proper person to adopt a child must—
(a) be in writing;
(b) be lodged with the Secretary or the principal officer of an approved agency; (c) contain the information set out in Schedule 4; (d) be accompanied by a completed in Schedule 5.
35B. Requirements to be satisfied by applicants
for approval as fit and proper persons to
adopt a child
For the purposes of section 13(3) of the Act, the prescribed requirements are the same requirements as those prescribed by regulation 35.".
10. Amendment to Schedule 2
In Schedule 2 to the Principal Regulations, for "Office facilities including the availability of confidential interviewing rooms" substitute "Accommodation, including rooms suitable for the conduct of assessment, interviews, training and support for adoption arrangements.".
Adoption (Amendment) Regulations 2001
S.R. No. 116/2001 r. 11
11. Schedule 3 substituted
For Schedule 3 to the Principal Regulations substitute—
"SCHEDULE 3
Adoption Regulations 1998
Regulation 8
PRESCRIBED PERSONS OR ORGANISATIONS FOR
INTERCOUNTRY ADOPTION ARRANGEMENTS
COUNTRY ORGANISATION ETHIOPIA Secretary
Adoption Committee
Children & Youth and Family
Department
PO Box 2056
Addis Ababa
ETHIOPIAFIJI Director
Department of Social Welfare
PO Box 2127
Government Buildings
Suva
FIJIGUATEMALA Director
Rafael Ayau Hogar
16 Calle 3–16
Zona 1
Guatemala City
GUATEMALADirector
"Vida Nueva"
1a Avenida A 2-44
Zona 2
El Sauce
Guatemala City
GUATEMALACOUNTRY ORGANISATION
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HONG KONG Director
International Social Service
313–315 Flinders Lane
MELBOURNE VIC 3000Executive Director
International Social Service
Hong Kong Branch
6/F Southern Centre
130 Hennessy Road
Wanchai
HONG KONGINDIA Principal Officer
St Michael's Home
No 80 Feet Road (Old Madras Road)
India Nagar
Bangalore 560038
INDIAPrincipal Officer
Indian Society for Sponsorship and
Adoption
1 Palace Court
1 Kyd Street
Calcutta 700016
INDIAPrincipal Officer
Basundhara
Cuttack 753008
Orissa
INDIAPrincipal Officer
Missionaries of Charity
Nirmala Shishu Bhavan
12 Commissionaire Lane
Delhi 1110054
INDIACOUNTRY ORGANISATION
Adoption (Amendment) Regulations 2001
S.R. No. 116/2001 r. 11 Principal Officer
Missionaries of Charity
Nirmala Shishu Bhavan
Near St Francis Xavier Road
Vile Parle West
Mumbai 400056INDIA
Director
Holy Cross Social Service Centre
34, Dr Mukherjee Nagar (West)
Delhi 110009INDIA
Secretary
Central Adoption Resources Agency
(CARA)
Ministry of Welfare
West Block 8, Wing 2
2nd Floor, R.k. Param
New Delhi 110066INDIA
Principal Officer
Guild of Services Adoption Centre
Seva Samajam Balika Nilayam
10-3 – 561/3, Vijayanagar Colony
Hyderabad 500457INDIA
Principal Officer
Institution Shri Shradhanand
Anathalaya
123 Shradhanand Peth
Nagpur 440022INDIA
Principal Officer
Bharatiya Samaj Seva Kenora (BSSK)
No. 5 Koregaon
Atur Park
Pune 411001INDIA
COUNTRY ORGANISATION KOREA Executive Director
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Eastern Social Welfare Society
PO Box 241
Sodaemun
SeoulKOREA
TAIWAN Executive Director
Christian Salvation Service
432 Keelung Road
SEC1, Suite 704
Taipei
TAIWANTHAILAND Director
Child Adoption Centre
Department of Public Welfare
Rajvithi Road, Payathai
Bangkok 10400
THAILAND"12. New Schedule 3A inserted
After Schedule 3 to the Principal Regulations insert—
"SCHEDULE 3A
Regulation 10C
CODE OF CONDUCT FOR ACCREDITED BODIES AND
THEIR STAFF
Conflict of interest
1. financial or other interest, and must not give an undertaking,
that could directly or indirectly compromise the
performance of his or her functions. Conflict of interestA member of staff of an accredited body must not hold any things, the likelihood that a member of staff possessing a particular interest could be influenced, or might appear to be influenced, in the performance of his or her responsibilities on a particular matter. A member of staff must notify the State Central Authority if a potential or actual conflict of interest arises.
Acceptance of gifts or benefits
Adoption (Amendment) Regulations 2001
S.R. No. 116/2001 r. 12 2. An accredited body or member of staff must not accept a gift, donation or benefit if it could be seen by a client as intended or likely to cause the member to undertake his or
her responsibilities in a particular way, or deviate from the
proper course of action.Personal and professional behaviour
3. A member of staff of an accredited body must perform any duties associated with his or her position diligently, impartially and conscientiously, to the best of his or her ability.
4. In the performance of duties, a member of staff of an accredited body must—
(a)
keep up to date with any changes in practice or procedure relating to intercountry adoption;
(b)
maintain and preserve record information systems in accordance with the requirements of the State Central Authority;
(c)
treat all clients with courtesy, sensitivity and in confidence;
(d)
not take any improper advantage of any information gained in the carrying out of his or her duties;
(e)
report to the State Central Authority any unethical behaviour or wrongdoing by other members of staff or which he or she is aware.
Fairness and equity
5. The manner in which an accredited body deals with issues or clients must be consistent, prompt and fair. This includes—
(a) dealing with matters in accordance with accepted
procedures;
(b) dealing with matters without discrimination on any
grounds;
(c) providing appropriate review and appeal mechanisms.
6. If an accredited body proposes to exercise a discretionary power in relation to a particular case, the body must ensure that all relevant considerations are taken into account in regard to the particular merits of the case.
Public comment and the use of information
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r. 13
| r. 15 | S.R. No. 116/2001 |
7. While staff members of an accredited body have the right to make public comment and to enter into public debate on political and social issues, they must refrain from public comment where that comment is sufficiently strong to undermine the accredited body, the State Central Authority or the Commonwealth Central Authority.
8. An accredited body or a staff member of an accredited body must not disclose official information or documents acquired in the course of carrying out its, or his or her, functions as an accredited body or staff member unless approved by the State Central Authority.".
13. Amendments to Schedule 4
In Schedule 4 to the Principal Regulations—
(a)
for "Regulation 13" substitute "Regulation 35A";
(b)
for "suitable" substitute "fit and proper persons".
14. Amendment to Schedule 5
In Schedule 5 to the Principal Regulations—
(a) for "Regulation 13" substitute "Regulation 35A"; (b) in the heading, for "A PERSON PROPER PERSON".
15. Updating references to Director-General
In the Principal Regulations, the regulation or Schedule referred to in column 2 of an item listed in column 1 of the Table is amended to the extent set out in column 3 of the item.
TABLE
Column 1 Column 2 Column 3 Regulation or Item No. Schedule No. Extent of amendments 1 regulation 6 for "Director-General"
Adoption (Amendment) Regulations 2001
S.R. No. 116/2001
substitute "Secretary"
2 regulation 9 for "Director-General" (where
twice occurring) substitute
"Secretary"3 regulation 10 for "Director-General" (wherever
occurring) substitute
"Secretary"4 regulation 11 for "Director-General" (wherever
occurring) substitute
"Secretary"5
regulation 16
for "Director-General" substitute "Secretary"
6 regulation 18 for "Director-General" (wherever
occurring) substitute
"Secretary"7 regulation 19 for "Director-General" (wherever
occurring) substitute
"Secretary"8
regulation 22(1)
for "Director-General" substitute "Secretary"
9
regulation 25
for "Director-General" substitute "Secretary"
10
regulation 26
for "Director-General" substitute "Secretary"
11
regulation 28
for "Director-General" substitute "Secretary"
12
regulation 31
for "Director-General" substitute "Secretary"
Column 1 Column 2 Column 3 Regulation or Item No. Schedule No. Extent of amendments 13 regulation 34 for "Director-General" (wherever
occurring) substitute
"Secretary"
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14 regulation for "Director-General" 36(2)(b)(vi) substitute "Secretary" 15
regulation 37
for "Director-General" substitute "Secretary"
16
regulation 39(2)
for "Director-General" substitute "Secretary"
17 regulation 40 for "Director-General" (where
twice occurring) substitute
"Secretary"18
regulation 43
for "Director-General" substitute "Secretary"
19 Schedule 7 for "Director-General" Form 1 substitute "Secretary" 20 Schedule 7 for "Director-General" (wherever Form 2 occurring) substitute
"Secretary"21 Schedule 8 for "Director-General" (wherever
occurring) substitute
"Secretary"22 Schedule 9 for "Director-General" (where Form 1 twice occurring) substitute
"Secretary"23 Schedule 9 for "Director-General" Form 2 substitute "Secretary" 24 Schedule 9 for "Director-General" Form 3 substitute "Secretary" 25 Schedule 9 for "Director-General" (wherever Form 4 occurring) substitute
"Secretary"Column 1 Column 2 Column 3 Regulation or Item No. Schedule No. Extent of amendments 26 Schedule 10 for "Director-General" (where Person A twice occurring) substitute
"Secretary"27 Schedule 10 for "Director-General" (where
Adoption (Amendment) Regulations 2001
S.R. No. 116/2001 r. 15
Person B twice occurring) substitute
"Secretary"
28 Schedule 12 for "Director-General" (where
twice occurring) substitute
"Secretary"29
Schedule 14
for "Director-General of the Department of Community Services" substitute "Secretary"
30 Schedule 19
(a) for "Director-General"
(wherever occurring)
substitute "Secretary"(b) for "DIRECTOR-
GENERAL" (where twice
occurring) substitute
"SECRETARY"(c) omit "of Community
Services" (where twice
occurring)31 Schedule 20
(a) for "Director-General"
(wherever occurring)
substitute "Secretary"(b) for "DIRECTOR-
GENERAL" substitute
"SECRETARY"(c) omit "of Community
Services" (where twice
occurring)32
Schedule 22
for "Director-General" substitute "Secretary".
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Adoption (Amendment) Regulations 2001
| Endnotes | S.R. No. 116/2001 |
ENDNOTES
1 Reg. 4: S.R. No. 13/1998 as amended by S.R. No. 32/1999.
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