Adoption Amendment Regulations 2012 (WA)

30 Noverimbcr 2012 GOVERNMENT GAZETTE, WA 5 775

COMMUNITY AND CHILD SERVICES

CN301*

Adoption Act 1994

Adoption Amendment Regulations 2012

Made by the Governor in Executive Council.

1.              Citation

These regulations are the Adoption Amendment Regu/wions 2012.
2.	Commencement niencement

These regulations come into operation as follows -

(a)	regulations I and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations -- on the day on which the Adoption Amenc1iii nt Act 2012 section 4 comes into operation.

3.              Regulations amended

These regulations amend the Aclopplion Regulations 199.5.

4.	Regulation 26 deleted Delete regulation 26.
5.	Regulation 27 replaced Delete regulation 27 and insert:

the committee if the chairperson is not available to act.

27.           Deputy chairperson

(1)	The CEO is to appoint one of the members who is independent of the Department to be the deputy of the chairperson of the committee.
(2)	The deputy chairperson is to act as the chairperson of

5776 GOVERNMENT GAZETTE, WA 30 No ver>>ber , 2012

6.              Regulation 31 amended

In regulation 31 (a) delete "presiding member" (each occurrence) and insert:

chairperson

7.              Regulation 32 amended

In regulation 32(2) delete "presidin g(, member" and insert:

chairperson

8.              Regulation 33 amended

In regulation 33 delete -presiding member" and insert:

chairperson

9.              Regulation 38 amended

(1) Delete regulation 8(3)(h)(ii) and insert:

(ii)      the applicant has expressed an interest in adopting

(1)	children who are sihlings, or
(11)	a child who (in the opinion of the CEO) has a disability; or
(III)	a child who is more than 12 months old; or
(IV)	a child who is resident in •

Australia.

10.            Regulation 39A inserted

At the end of Part 4 Division I insert:

39A. Continuing application after separation

(1) A person who applied jointly with another person

under section 38(1 ) of the Act may request the CEO to

continue the application in the person's own • name if

(a) the person commences living separately and

apart from the joint applicant; and
(h) a period of 12 months has elapsed since the

joint applicants commenced living separately
and apart.

30 November 012 GOVERNMENT GAZETTE, WA 5 777

(2) A request must

(a)	be made in a form approved by the CEO; and
(b)	include evidence in relation to the platters referred to in section 39 of the Act that are to he satisfied by the person making the request.

(3) On a request under subregulation (1) the CEO may

approve the continuation cif' the application in the name
of the person making the request if the person has
satisfied the CEO in relation to the matters referred to

in section 39 of the Act relevant to that person.

(4) If the continuation of an application is approved under

this regulation —

(a)	the application in the person's own name is to be taken to have been made on the da y on which the joint application was made; and
(b)	any assessment of the suitability of the joint applicants ITor adoptive parenthood does not apply in respect of the suitability for adoptive
parenthood of the person in whose name the application is continued.

11.           Regulation 44 amended

(1) After regulation 44(c) insert:

(da) the person is requested. in writing sent by

registered post, by the CEO to provide
information relevant to the person's suitability
for adoptive parenthood and does not provide

the requested information •ithin 28 days; or

(2)	In regulation 44 after each of paragraphs (a) and (b) insert:
01'

12.            Regulation 50 deleted

Delete regulation 50.

13. Regulation 52 amended
In regulation 52(c) delete "parent or guardian" and insert:

person with parental responsibility for the applicant

5778 GOVERNMENT GAZETTE, WA 30 No ver>>ber , 2012

14. Regulation S8 amended
In regulation 58(2)(b) delete "parent or guardian" and insert:

person with parental responsibility for the person

1	.	Regulation 66 amended
In regulation 66 delete "3 years" and insert:
5 years
16.	Regulation 86 amended
(1)	In regulation 86(1):

(a) delete paragraph (b) and insert:

(b) il'relevant, each application 1br an order to dispense with a requirement f {Ui a person's consent to the child's adoption; and

(h) delete paragraph (1) and insert:

(1) that portion of any document naming the birth

parent of the adoptee.

(2) Delete regulation 86(2) and insert:

(2) For the purposes of subregulation (1), if the adoption

was conducted under- the _Iclopiion of Children

Act 1896. a reference in that subregulation -
(a)	to an adoption order is to he taken to be a

reference to an olderof - adoption . ithin the

meaning of that Act; and

(b) to an order to dispense with a requirement for a persons consent to the child's adoption is to be taken to be a reference to an Application to

Dispense ith Consent(s) being Form 4 in the Second Schedule to the Addojplion a/ Children Rules 1970.

(3)	In regulation 86(1) after each of paragraphs (a). (b), (c) and (ci ) insert:
and

30 November 012 GOVERNMENT GAZETTE, WA 5779

17.           Various references to "Director -General" amended

In the provisions listed in the Table delete "Director-General"
(each occurrence) and insert:

CEO

Table

F. 6(1 ] ,ind1 (2)	F. 6\
F. l OA	F. 21
r. 22	F. 22A
I'. 22B(1 ). (? ). (4) uncI [')	F. 23(1)Und(2)
F. 23.1(1) and (2)	F. 23Q
F. 23R	F. 23S(1) and (2)
F. 29(1 ). (2) undd (4)	1'. 3
F. 37(1). (2) and (3)	F. 38(1). (2). (3)(h)(i). and (4)
i. 40	r. 42
F. 45	F. 461) and (2)
F. 47(1 ) Lind (2)	F. 48
F. 49	r. 51
F. 2	1'. 53

F. 54	F. 55(1). (2). ( ) and (4)
F. 56	F. 58(1) and (2)

F. 59 clef. of code of practuice	F. 60(1)
F. 6I	F. 62
F. 63(1)	F. 64
F. 65	F. 66
F. 69	i'. 70(1).(2)and(3)
F. 71	F. 72(1) and (2)
F. 73(1)and (2)	F. 74
F. 75	F. 76

5780 GOVERNMENT GAZETTE, WA 30 Nover>>tbcr 2012

I'. 77(1)	r'. 80(1)
i. 84	i. 85
I. 88(1)	n90

Note: The headings to the amended regulations listed in the Table are to be

read as set out in the Table.

Table

Amended regulation	Regulation heading
r. 54	Information to be provided by CEO
r. 55	Notifications by CEO
r. 74	CEO to investigate if information received

By Command of the Governor..

N. HAGLEY, Clerk of the Executive Council.

CN302'

Working with Children (Criminal Record Checking)

Act 2004

Working with Children (Criminal Record

Checking) Amendment Regulations (No. 2) 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Working with Children (Criminal

Record Checking) Amendment Regilalions {No. 2) 2012.

2.             Commencement

These regulations come into operation as follows -

(a) regulations I and 2 on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations on the day on which the

Teacher Registration Act 2012 section 3 comes into

operation.