Adoption Amendment Regulations 2003 (WA)
20 May 2003 GOVERNMENT GAZETTE, WA 1783 COMMUNITY DEVELOPMENT
X301*
Adoption Act 1994
section 2(1). Adoption Amendment Regulations 2003
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Adoption Amendment
Regulations 2003.2. Commencement
These regulations come into operation on the day fixed by proclamation under the Adoption Amendment Act (No. 2) 2003
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3. The regulations amended
The amendments in these regulations are to the Adoption
Regulations 1995*
[* Published in Gazette 29 December 1994, p. 7171. For amendments to 7 May 2003 see 2001 Index to
Legislation of Western Australia, Table 4, p. 8, and Gazette 16 July and 10 December 2002.]
4. Regulation 6 amended
(1) Regulation 6(l) is amended in the Table by deleting the items
relating to sections 12 and 43.(2) Regulation 6(1) is amended in the Table in the item relating to
sections 46 and 50 by deleting "46 and 50" and inserting
instead -44 46, 50 and 73
5. Regulation 9 amended
(1) After regulation 9(b) the following paragraph is inserted - 44
(ba) has contravened, or failed to comply with -
(i) a provision of the Act; or
(ii) the terms of the licence or a condition or restriction attached to it;
(2) Regulation 9(g) and "and" following is deleted and the
following paragraph is inserted instead -
(g) does not employ staff with appropriate
qualifications to place prospective adoptees;
and
6. Regulation 22A and 22B inserted
After regulation 22 the following regulations are inserted33
22A. Biannual report
A private adoption agency must, by 28 January and
28 July 2004, and 28 January and 28 July in each
subsequent year, cause to be prepared and submitted to
the Director-General a report containing information on
the operations of the agency in relation to the adoption
services provided by it and any other information as the
Director-General may direct in writing -(a) for the period between the day on which the
agency's licence has effect and 30 June or
31 December of the year of that day, whichever
is the shorter period; and
20 May 2003 GOVERNMENT GAZETTE, WA 1785 (b) for each period of 6 months after 30 June or
31 December of the year in which the agency is
required to make its first report underparagraph (a).
22B. Provision of other information for review of
operations(1) The Director-General may, in writing, require a private adoption agency to provide -
(a) access to, or copies of, the documents referred to in subregulation (2); (b) oral information in relation to the operations of the agency, any adoption service conducted by the agency, and any document referred to in subregulation (2) or the subject matter of such a
document.
(2) The documents to which subregulation (1) applies are any of the following documents in the custody, power or control of the agency -
(a)
a document that records information in relation to an adoption or proposed adoption that has been conducted by the agency;
(b)
a document that relates to the operations of the agency including financial records, management records, staff records, client records and annual and other operational reports.
(3) The Director-General may require provision of
information under subregulation (1) in such manner
and form as the Director-General thinks is appropriatein each case.
(4) A private adoption agency is to comply with a requirement under subregulation (1) within 14 days of receiving written notification of the requirement or
such longer period as is stated by the Director-General
in the written notification.(5) The Director-General is to ensure that a copy of a
report prepared on behalf of the Director-General as a
result of a review of the operations of a private
adoption agency is provided to the agency as soon as
practicable after its completion.7. Regulation 23B amended
Regulation 23B is amended as follows:
(a) before "An" the subregulation designation "(1)" is
inserted;
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(b) before regulation 2313(a) the following paragraph is inserted - (aa) if made on or after 1 June 2003, be made during
a period of time set by the State Central for accreditation can be made;
(c) after regulation 2313(e) the following subregulation is inserted - (2) The State Central Authority is to publish the periods of time set under subregulation (1 )(aa) in such manner as the State Central Authority thinks is appropriate.
8. Regulation 23C amended
(1) After regulation 23C(c) the following paragraphs are inserted -
"
(ca) has contravened, or failed to comply with -
(i) a provision of the Act; or
(ii) a condition or restriction attaching to an accreditation;
(cb) is not the holder of a current licence granted
under section 9 of the Act to conduct adoption services and to perform other functions for the purposes of the Act;
(2) Regulation 23C(h) and "and" following is deleted and the
following paragraph is inserted instead -
"
(h) does not employ staff with appropriate qualifications to place prospective adoptees;
and
9. Regulation 23G amended
Regulation 23G is amended by deleting "one year" and inserting instead -
3 years ".
10. Regulation 2311 amended
Regulation 23H(2) is amended by deleting "one year" and inserting instead -
44 3 years ".
20 May 2003 GOVERNMENT GAZETTE, WA 1787 11. Regulation 23J amended
(1) Regulation 23J(1)(c) and (g) are deleted. (2) Regulation 23J(k) is amended by deleting "51 and 52" and
inserting instead -" 48, 49, 51, 52, 53 and 54 " 12. Regulation 23L amended
Regulation 23L(1)(b)(i) is amended by deleting "Act or these regulations;" and inserting instead -
" Act.
13. Regulation 231' inserted
After regulation 23T the following regulation is inserted in
Part 2A-
23U. Provision of other information directed by the
Minister(1) The Minister may, in writing, direct an accredited body
to provide -
(a) access to, or copies of, the documents referred to in subregulation (2); (b) the body, any adoption service conducted by
oral information in relation to the operations of subregulation (2) or the subject matter of such a document.
(2) The documents to which subregulation (1) applies are
any of the following documents in the custody, poweror control of the body -
(a)
a document that records information in relation to an adoption or proposed adoption that has been conducted by the body;
(b)
a document that relates to the operations of the body including financial records, management records, staff records, client records and annual and other operational reports.
(3) The Minister may direct that information be provided
under subregulation (1) in such manner and form as the
Minister thinks is appropriate in each case.
(4) An accredited body is to comply with a direction under
subregulation (1) within 14 days of receiving written
notification of the direction or such longer period as is
stated by the Minister in the written notification.
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(5) The Minister is to ensure that a copy of a report
prepared on behalf of the Minister as a result of a
review of the operations of an accredited body is
provided to the body as soon as practicable after its
completion.14. Heading to Part 3 amended
The heading to Part 3 is amended by deleting "COMMITTEES"
and inserting instead -
44 COMMITTEE ".15. Regulation 25 amended
(1) Regulation 25(1) and (3) are amended by deleting "A" and
inserting instead -" The ". (2)
Regulation 25(2) is amended by deleting "a committee" and inserting instead - the committee
16. Regulation 26 replaced
Regulation 26 is repealed and the following regulation is inserted instead - 26. Presiding member
The Director-General is to appoint the presiding member of the committee.
17. Regulation 27 amended
Regulation 27(2) and (3) are repealed and the following subregulations are inserted instead -
(2)
The presiding member is to appoint a deputy presiding member and if the presiding member is unable to make the appointment then the Director-General is to appoint the deputy presiding member.
(3) If an independent member referred to in section 14(2) of the Act is unavailable to act then the independent of the Department to act in the place of the independent member.
20 May 2003 GOVERNMENT GAZETTE, WA 1789 18. Regulation 28 amended
Regulation 28(1) is amended by deleting "appointment, and, in the case of a private adoption agency, for the duration of the
licence of the agency, whichever is the shorter term." and
inserting instead -44 appointment. ".
19. Regulation 29 amended
(1) Regulation 29(1) is repealed and the following subregulation is inserted instead - IE
(1) A member may resign from office by notice in writing
delivered to the Director-General.
(2) Regulation 29(2) is amended by deleting "or principal officer of
a private adoption agency (as the case requires)".
(3) Regulation 29(4) is amended by deleting "or the principal officer of the private adoption agency (as the case requires)".
20. Regulation 30 replaced
Regulation 30 is repealed and the following regulation is inserted instead -
30. Committee meetings
The committee may hold ordinary meetings at an interval to be determined by the committee and special meetings as required for the performance of the committee's functions.
"
21. Regulation 31 amended
Regulation 31(b) is deleted and the following paragraph is inserted instead - "
(b) at least one member who is independent of the Department must be present at the meeting.
22. Regulation 33 amended
Regulation 33 is amended by deleting "a" and inserting instead -
the
23. Regulation 35 amended
Regulation 35 is amended by deleting "and if relevant, the private adoption agency,".
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24. Regulation 37 amended
(1) Regulation 37(2)(a) is deleted and the following paragraphs are
inserted instead -"
(a) each applicant who is contemplating adoptive
parenthood for the first time -
(i)
adoption provided by the
has read the written information about the Act; and
(ii)
has been provided with oral information about adoption in the manner and form determined by the Director-General to be relevant to the applicant,
and has completed a statement to that effect in
the expression of interest form;(ab) each applicant who is already an adoptive parent and who is contemplating adoptive parenthood for a second or subsequent time -
(i)
adoption provided by the
has read the written information about the Act; and
(ii)
about adoption in the manner and form
determined by the Director-General to
be relevant to the applicant if the
Director-General decides to provide that
information or the applicant hashas been provided with oral information information under section 37(3),
and has completed a statement to that effect in the expression of interest form;
(2) Regulation 37(2)(c) is amended by deleting "the attendance at
the adoption information session" and inserting instead -
having received all the information ".
25. Regulation 40 replaced
Regulation 40 is repealed and the following regulation is inserted instead -
40. Review of suitability for prospective adoptive
parenthood if 24 months since approvalWhere a person has been approved by the adoption applications committee as a prospective adoptive
20 May 2003 GOVERNMENT GAZETTE, WA 1791 parent, the Director-General is not to place a child with
that person with a view to the child's adoption by that
person if more than 24 months have elapsed since thedate of the approval unless -
(a) the Director-General is of the opinion -
(i) that at the time of placement, the person would still be suitable for adoptive parenthood; and
(ii) where the adoption applications committee has approved the person in accordance with section 13(2) of the Act, that at the time of placement, the person is still suitable to adopt children in a category of children in respect of whom the person has been approved for prospective adoptive parenthood;
or
(b) the adoption applications committee has
reviewed the person's current circumstances
and is satisfied -(i) that at the time of placement, the person would still be suitable for adoptive parenthood; and
(ii) where the committee has approved the person in accordance with section 13(2) of the Act, that at the time of placement, the person is still suitable to adopt children in a category of children in respect of whom the person has been approved for prospective adoptive parenthood.
26. Regulation 42 amended
Regulation 42 is amended by deleting "even though the prospective adoptive parent does not fulfil any of the requirements of regulation 40 or 41 which may be relevant to the placement of that child." and inserting instead -
44
by that person even though the child would not
otherwise have been placed with that person because ofregulation 40 or 41.
27. Regulation 43 repealed
Regulation 43 is repealed.
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28. Regulation 56 amended
Regulation 56 is amended by deleting "Director-General." and inserting instead -
44
Director-General except to the extent necessary to determine the sender and intended recipient of the message.
29. Heading to Part 7 amended
The heading to Part 7 is amended by deleting "AGENCIES"
and inserting instead -
44 LICENSEES ".30. Regulation 59 amended
Regulation 59 is amended as follows:
(a) in the definition of "code of practice" by deleting "agency;" and inserting instead - 44
licensee ";
(b) in the definition of "licensee" by deleting "a person" and inserting instead - 44
an individual
(c) after the definition of "service" by deleting the semicolon and inserting a full stop instead; (d) by deleting the definition of "person". 31. Regulation 74 amended
Regulation 74 is amended by deleting "the Minister or".
32. Regulation 86B inserted
After regulation 86A the following regulation is inserted in
Part 9-
"
86B. Fees for provision of information to persons
contemplating adoptive parenthood
A fee not exceeding $110 for each session for each
person may be charged for the provision of information
for the purposes of section 37 of the Act.33. Regulation 90 inserted
After regulation 89 the following regulation is inserted in
Part 9-" 90. Refund of fees paid
If a person has paid a fee referred to in regulation 87 and subsequently proceeds with an application under section 38 of the Act in respect of the adoption of a
20 May 2003 GOVERNMENT GAZETTE, WA 1793 child referred to in regulation 88(1) or (2), the Director- that the person would have been exempt from paying under regulation 87.
34. References to "an" adoptions application committee amended to "the" adoptions applications committee
The provisions in the Table to this regulation are amended by
deleting "an" in each place where it occurs and inserting instead
"the".Table
r. 24 (in the definitions of "committee" and "member")
r. 44(b)
r.46(1)
35. References to "certified mail" amended to "registered post"
The provisions in the Table to this regulation are amended by deleting "certified mail" in each place where it occurs and inserting instead "registered post".
Table
r. 16(2)(a) and (c) r. 70(2) r. 45 r. 70(3) r. 70(1)
36. References to "Minister" amended to "Director-General"
The provisions in the Table to this regulation are amended by deleting "Minister" or "Minister's" in each place where they occur and inserting instead respectively "Director-General" or
"Director-General's".
Table
r. 59 (defli of "code of r. 72(1) (2 places) practice")
r. 60(1) r. 72(2) r. 61 (5 places) r. 73(1) r. 62 r. 73(2) r. 63(1) (3 places) r. 74 (in the 2nd and 3Id places) r. 64 r. 75 (5 places) r.65 r.76 r. 66 r. 77(1) (3 places) r. 69 (3 places) r. 77(2) r. 70(1) (2 places) r. 77(3) (2 places) r. 70(2) (2 places) r. 78(1) r. 70(3) (2 places) r. 80(1) (2 places)
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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