Adoption of Children Act Amendment Act 1983 (Qld)

269 Queextslanb ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 26 of 1983 An Act to amend the Adoption of Children Act 1964-1981 in in certain particulars [ASSENTED TO 19TH APRIL, 1983]

270 Adoption of Children Act Amendment Act 1983, No. 26 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: - 1. Short title and citation . (1) This Act may be cited as the Adoption of Children Act Amendment Act 1983. (2) In this Act the Adoption of Children Act1964-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Adoption of Children Act1964-1983. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Amendment of s. 3 . Parts. Section 3 of the Principal Act is amended by- (a) omitting the words- " PART II-Jurisdiction (ss. 7-9); and substituting the words- " PART II-JURISDICTION CONCERNING ADOPTIONS (ss. 7-9); "; (b) omitting the word " List " in the reference to Division 2 and substituting the word " Lists "; (c) omitting the numeral " 27 " in the reference to Division 3 and substituting the expression " 27B "; (d) omitting the numeral " 66 " in the reference to Part VI and substituting the numeral " 67 "; (e) adding at the end of the section the words "The Second Schedule ". 4. New s. 5A. The Principal Act is amended by inserting after section 5 the following section:- " 5A. Objective of Act. The objective of this Act is to facilitate securing for children who are available for adoption the best possible placements, having reghrd to the welfare and interests of the children, and to protect the rights and to provide for servicing the needs of all parties to the adoption process.". 5. Amendment of s. 6 . Interpretation . Section 6 of the Principal Act is amended by- (a) omitting the definition "Adoption list " and substituting the following definition:- "Adoption list "-Any of the lists kept by the Director under section 17; ";

Adoption of Children Act Amendment Act 1983, No. 26 271 (b) inserting after the definition "Adoption order " the following definition:- "Assessment "-An assessment made under this Act by the Director or his delegate; "; (c) omitting the definition " Minister " and substituting the following definition:- Minniisstteerr "-The Minister for Welfare Services or other Minister of the Crown for the time being charged with the administration of this Act: the term includes any person who for the time being performs the duties of the Minister; "; (d) omitting the definition " Relative " and substituting the following definition:- RReellaatitvivee "-In relation to a child- (a) a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of the whole blood or half blood or by affinity, notwithstanding that the relationship depends upon the adoption of any person; or (b) the spouse of a parent of the child, whether natural or adoptive; "; (e) inserting after the definition " Relative " the following definition:- " " Special needs child "-A child declared by the Director under this Act to be a special needs child; the term includes a mature person to whom section 14A applies, an immigrant child to whom section 25A (2) applies and a child to whom section 20 (2A) applies;"; (f) inserting after the definition " The repealed Acts " the following definition:- " " The tribunal " means the Adoptions Tribunal from time to time constituted for the purposes of this Act; ". 6. New Part II. The Principal Act is amended by repealing sections 7, 8 and 9 and the heading immediately preceding section 7 and substituting the following heading and sections:- " PART II-JURISDICTION CONCERNING ADOPTIONS 7. Adoption by order of Director . (1) A child may be adopted in Queensland by means of an order for the adoption of that child made by the Director upon an application that has been made and dealt with in accordance with this Act. (2) Any person or persons in whose favour an adoption order is made and a child in respect of whom an adoption order is made are in this Act referred to as the " adopter ", the " adopters " and the " adopted child " respectively. (3) An application to be authorized to adopt a child made in accordance with the relevant law before the commencement of the Adoption of Children Act Amendment Act 1983 by applicants whose

272 Adoption of Children Act Amendment Act 1983, No. 26 names are included in the adoption list kept by the Director immediately before the commencement of that Act shall be deemed to have been made and dealt with in accordance with this Act and such applicants shall be deemed to have become prospective adopters by virtue of their names being transferred to the appropriate list pursuant to section 17 (4). (4) An application to be authorized to adopt a child made in accordance with the relevant law before the commencement of the Adoption of Children Act Amendment Act 1983 by applicants who have not been considered by the Director to be not fit and proper persons to adopt a child but whose names are not included in the adoption list kept by the Director immediately before the commencement of that Act shall be deemed to have been made in accordance with this Act and procedures prescribed by this Act shall be taken in respect of that application. 7A. Nexus with Queensland . (1) It is not competent to the Director to make an adoption order in respect of a child unless, at the time the order is made- (a) the applicant or, in the case of joint applicants, each of the applicants is resident or domiciled in Queensland; and (b) the child is present in Queensland. (2) If the Director is satisfied that an applicant was resident or domiciled in Queensland or that a child was present in Queensland within 21 days before the day on which an adoption order is to be made he may, unless he has reason to believe to the contrary, presume that the applicant is resident or domiciled in Queensland or, as the case may be, that the child is present in Queensland at the time the order is made. 7B. Rules of private international law not relevant. The power of the Director to make an adoption order or of the tribunal to order the making of an adoption order is not dependent on any fact or circumstance not expressly specified in this Act. 8. Adoptions tribunal . (1) There shall be established an Adoptions Tribunal to be constituted as prescribed. (2) The tribunal shall be constituted by three persons of whom one shall be a Judge of District Courts who shall be chairman and who alone shall decide any question of law that arises in a matter before the tribunal and his decision thereon shall be binding on the other members of the tribunal. The Judge of District Courts who is appointed as chairman of the tribunal may hold that office in addition to his appointment as such a judge. (3) The Governor in Council may, by notification published in the Gazette, upon the Minister's recommendation- (a) appoint the Judge of District Courts who is to be chairman of the tribunal;

Adoption of Children Act Amendment Act 1983, No. 26 273 (b) appoint one other person, being a justice of the peace, to be a full-time member of the tribunal; and (c) appoint persons, being justices of the peace, in a number nominated by the Minister to constitute a panel of persons to be selected as members of the tribunal. (4) If there is a full-time member of the tribunal, the tribunal shall be constituted by the chairman and that member and one other person selected by the chairman to be a member from the panel appointed under subsection (3). If there is not a full-time member of the tribunal or if at any time the full-time member appointed is unavailable to constitute the tribunal the tribunal shall be constituted by the chairman and two other persons selected by him to be members from the panel appointed under subsection (3). (5) Each person appointed under subsection (3) shall be appointed for a period nominated by the Minister and shall be eligible for re-appointment. The selection of a person from the panel appointed under subsection (3) to be a member of the tribunal shall be for a particular matter before the tribunal or for a specified period as the chairman may determine. (6) The tribunal shall have an official seal and that seal and every order or instrument issued under that seal shall be judicially noticed. (7) The provisions set out in the Second Schedule to this Act shall govern the tribunal, persons appointed in connexion therewith and proceedings thereof so far as those provisions extend. 8A. Jurisdiction of tribunal . (1) The jurisdiction of the tribunal is- (a) to hear and determine, subject to this Act, appeals duly made to it in accordance with this Act from assessments; (b) to hear and determine, subject to this Act, applications duly made to it in accordance with this Act for orders dispensing with consents necessary to the making of an adoption order, and to make therein such order or orders as it considers proper and in accordance with this Act, other than an adoption order or an interim order, but including an order on the Director to make an adoption order in respect of a particular child in favour of a person or persons who is or are a relative or relatives of the child and the tribunal is hereby invested with such jurisdiction. (2) An order made by the tribunal in exercise of its jurisdiction shall be final and conclusive and, subject to the making by the Director of a further assessment pursuant to section 14, shall be given effect by the Director and all other persons concerned.

274 Adoption of Children Act Amendment Act 1983, No. 26 (3) Neither this section nor any other provision of this Act shall be construed to restrict or prejudice the jurisdiction of the Supreme Court in relation to infants. 9. Appeals to tribunal . (1) An applicant who is aggrieved by an assessment made in respect of him under this Act may appeal against that assessment to the tribunal. (2) Every such appeal shall be instituted within 30 days after notification of the assessment in question is received or is deemed to have been received by the applicant who claims to be aggrieved thereby. (3) Where an assessment has been made in respect of a married couple one joint appeal only may be instituted against that assessment. (4) In every appeal duly instituted to it the tribunal- (a) may receive evidence, orally or in writing, upon oath or under other sanction permitted by law; (b) shall receive and consider evidence de novo; and (c) shall not be bound by rules of evidence. (5) The Director shall be a party to every appeal under this section.". 7. Amendment of s. 10 . Welfare and interests of child to be paramount. Section 10 of the Principal Act is amended by inserting after the words " this Part " the words " and of Part II ". 8. Amendment of s. 11 . Who may be adopted . Section 11 of the Principal Act is amended by, in subsection (1), omitting from paragraph (b) the words ", as his or their child under a de facto adoption " and substituting the words " and has generally been treated by him or them as his or their child ". 9. Repeal of and new s. 12. Persons in whose favour adoption orders may be made. The Principal Act is amended by repealing section 12 and substituting the following section:- " 12. Persons in whose favour adoption orders may be made. (1) Subject to this section, an adoption order shall not be made except in favour of a husband and wife jointly. (2) An adoption order may be made in favour of a husband and wife jointly notwithstanding that one of them is the natural or adoptive parent of the child concerned. (3) Subject to subsection (4), an adoption order may be made in favour of one person if- (a) that person is the spouse of the natural or adoptive parent of the child concerned ; (b) in the case of the child concerned being a special needs child, the Director is of the opinion that the making of the order would be for the welfare and in the interests of the child; or

Adoption of Children Act Amendment Act 1983, No. 26 275 (c) in any case, the Director is satisfied that there are exceptional circumstances that justify making the order. (4) Except in the case referred to in paragraph (a) of subsection (3), an adoption order shall not be made in favour of one person if that person is married and is not living separately and apart from his or her spouse. (5) An adoption order shall not be made in favour of a grandparent or the grandparents of the child concerned unless the Director is satisfied that there are exceptional circumstances that justify making the order.". 10. Repeal of and new s. 13. Age of adopters . The Principal Act is amended by repealing section 13 and substituting the following section:- " 13. Age of adopters . The Director shall not make an adoption order in favour of an applicant who or in favour of applicants either of whom- (a) has not attained the age of 21 years; or (b) being male, is less than 18 years older than the child concerned or, being female, is less than 16 years older than the child concerned, unless- (c) in the case of a sole applicant, the applicant is the spouse of a parent of the child concerned, whether natural or adoptive; (d) in the case of a married couple, one of them is a parent of the child concerned, whether natural or adoptive; (e) in the case of the child concerned being a special needs child, the Director is of the opinion that the making of the order would be for the welfare and in the interests of the child; or (f) the Director is satisfied that there are exceptional circumstances that justify making the order.". 11. New ss. 13A to 13C. The Principal Act is amended by inserting after section 13 the following sections:- " 13A. Applications. (1) A person who is desirous of becoming an adoptive parent and who is eligible as prescribed to have his name included in the adoption list appropriate to his circumstance shall, subject to the procedural requirements of the Director, make in the prescribed form an application to adopt a child and to have his name included in the appropriate adoption list and shall lodge the application with the Director. (2) A married couple may join in the one application but each of them shall be required to satisfy the prescribed requirements.

276 Adoption of Children Act Amendment Act 1983, No. 26 (3) A person who duly makes and lodges an application and who is eligible as prescribed to have his name included in the adoption list appropriate to his application shall be entitled to have his name included in that adoption list. 13B. Director' s assessments . (1) As soon as practicable after an applicant's name is included in an adoption list the Director shall- (a) in respect of a person whose name is in an adoption list referred to in provision (b) or (d) of section 17 (2), make an assessment of whether the applicant is of good repute and is a fit and proper person to become an adoptive parent; (b) in respect of a person whose name is in an adoption list referred to in provision (a) or (c) of section 17 (2), make an assessment of whether the welfare and interests of the child to be adopted will be promoted by making an adoption order in favour of the applicant. Where a joint application has been made by a married couple the Director may make one assessment in relation to both applicants. (2) Where the applicant has made application to adopt a child in respect of whom he is a relative the Director shall not be required to make the assessment referred to in provision (b) of subsection (1) until all consents necessary to the making of an adoption order in respect of the child have been obtained or dispensed with or he has been notified as prescribed by section 25 (2A). Where an applicant has applied to adopt a child of a particular description the Director shall not be required to make an assessment referred to in subsection (1) until a child of that description is available for adoption. (3) The Director shall give written notification of an assessment made under subsection (1) to the applicant in respect of whom it was made or in the case of an assessment made in respect of a married couple, to that couple and in the case of an assessment unfavourable to an applicant or a married couple, shall specify in the notification the grounds on which the assessment is based: Provided that if the Director has been requested not to specify any particular ground or grounds in a notification by- (a) in the case of a notification to a married couple, one of the applicants; or (b) in the case of a notification to a sole applicant who is a spouse, the applicant or the other spouse, the Director is not required by this subsection to specify that ground or those grounds in the notification. (4) Every notification required by subsection (3) shall be given within 14 days after the assessment is made.

Adoption of Children Act Amendment Act 1983 , No. 26 277 (5) An applicant in respect of whom the Director has made a favourable assessment under subsection (1) shall in relation to his application, become and in this Act is referred to as a " prospective adopter ". (6) The Director shall cause an appropriate notation to be made in an adoption list against the name of each person named therein who has become a prospective adopter. Where the Director has made an assessment under subsection (1) that is unfavourable to an applicant he shall- (a) subject to any appeal duly made under this Act against the assessment; and (b) unless the Director decides to defer the matter of the application in question, cause the name of the applicant or, in the case of an assessment made in respect of a married couple, the names of both applicants to be removed from the adoption list in which the name is or the names are included. (7) In respect of applicants whose names are included in an adoption list referred to in provision (b), (c) or (d) of section 17 (2) the Director shall endeavour to make his assessment required by subsection (1) in accordance with the order in which those names are included in the adoption list, except where he is of the opinion that the welfare and best interests of a child require that that order be departed from. (8) If an applicant whose name is included in the adoption list of applicants referred to in provision (a) of section 17 (2) is not assessed under this section within a time prescribed by the regulations the Director shall cause the name of that applicant to be removed from the adoption list. (9) Subsection (1) does not apply in respect of any person deemed to be a prospective adopter pursuant to section 7 (3). 13C. Matters to be regarded for assessment . (1) In making an assessment under section 13B the Director shall have regard to all matters prescribed by this Act to be matters relevant to the making of an assessment of applicants whose names are included in the adoption list that includes the name of the applicant in relation to whom the assessment is being made and, where appropriate, relevant to the making of an assessment of applicants to adopt a child of the description of the child sought to be adopted and to all other matters that the Director considers relevant in the particular case including, in the case of an assessment of an applicant whose name is included in an adoption list referred to in provision (a) or (c) of section 17 (2), any wishes that have been expressed by a parent or guardian of the child sought to be adopted in an instrument of consent to the adoption of the child with respect to the religious upbringing of the child.

278 Adoption of Children Act Amendment Act 1983, No. 26 (2) In determining an appeal against an assessment the tribunal shall have regard to all matters prescribed by this Act to be matters relevant to the making of the description of assessment to which the appeal relates and to all other matters that the tribunal considers relevant in the particular case." 12. Repeal of and new s. 14. The Principal Act is amended by repealing section 14 and substituting the following section:- " 14. Further assessment of prospective adopters . (1) When the Director is about to make an adoption order in favour of any prospective adopter or prospective adopters whose name or names is or are included in an adoption list referred to in provision (b) or (d) of section 17 (2) he shall first make an assessment of whether- (a) the prospective adopter or each of the prospective adopters is at that time of good repute and a fit and proper person to become an adoptive parent; and (b) the welfare and interests of the child will be promoted by making the adoption order in favour of the prospective adopter or prospective adopters, and he shall not make the adoption order unless the assessment is favourable in all respects. (2) When the Director is about to make an adoption order in favour of any prospective adopter or prospective adopters whose name or names is or are included in an adoption list referred to in provision (a) or (c) of section 17 (2) and in his opinion such time has elapsed since the making of an assessment pursuant to section 13B or since the making of an interim order in favour of the prospective adopter or prospective adopters that, in his opinion, it is desirable that an assessment should be made pursuant to this subsection, he shall first make an assessment of whether the welfare and interests of the child will be promoted by making the adoption order in favour of the prospective adopter or prospective adopters, and he shall not make the adoption order unless the assessment is favourable in all respects. (3) In making an assessment of a prospective adopter under subsection (1) or (2) the Director shall have regard to all matters that he is required by section 13c to have regard to in making his assessment under section 13B of an applicant whose name is included in the adoption list that includes the name of the prospective adopter, with a view to the adoption of a child of the description of the child sought to be adopted, and, in the case of an assessment of a prospective adopter whose name is included in an adoption list referred to in provision (b) or (d) of section 17 (2), any wishes that have been expressed by a parent or guardian of the child with a view to whose adoption the assessment is being made in an instrument of consent to the adoption of the child with respect to the religious upbringing of the child."

Adoption of Children Act Amendment Act 1983, No. 26 279 13. New ss. 14A and 14B. The Principal Act is amended by inserting after section 14 the following sections:- 144AA.. Special assessment for adoption of mature person. Where application has been made for the making of an adoption order in respect of a person who will have attained the age of 18 years before the order is made neither section 13B nor section 14 shall apply so as to require the assessments therein referred to but in such a case the Director, before he makes the order, shall make an assessment of whether- (a) the applicant or each of two applicants is of good repute ; and (b) there exist exceptional circumstances that justify the making of the order, and shall not make an adoption order unless the assessment is favourable in all respects. 14B. Procedure upon unfavourable assessments under s. 14 or 14A. (1) The Director shall give written notification of an assessment made pursuant to section 14 or 14A, which is unfavourable, to the person in respect of whom it was made or, in the case of an assessment made in respect of a married couple, to that couple and shall therein specify the grounds on which the assessment is based; Provided that if the Director has been requested not to specify any particular ground or grounds in a notification by- (a) in the case of a notification to a married couple, one of the applicants; or (b) in the case of a notification to a sole applicant who is a spouse, the applicant or the other spouse, the Director is not required by this subsection to specify that ground or those grounds in the notification. (2) Every notification required by this section shall be given within 14 days after the assessment is made. (3) Where the Director has made an assessment pursuant to section 14 or 14A that is unfavourable to the prospective adopter or prospective adopters or, as the case may be, the applicant or applicants he shall- (a) subject to any appeal duly made under this Act against the assessment; and (b) unless the Director decides to defer the making of the adoption order, cause the name of the prospective adopter or, as the case may be, applicant or in the case of a married couple the names of both of them to be removed from the adoption list in which the name is or the names are included.".

280 Adoption of Children Act Amendment Act 1983, No. 26 14. Repeal of and new s. 17. The Principal Act is amended by repealing section 17 and the heading immediately preceding that section and substituting the following heading and section:- " Division 2-Adoption Lists 17. Keeping of lists. (1) The Director shall, in accordance with this section, keep lists of the names of persons who are entitled as prescribed to have their names included in an adoption list. (2) An adoption list shall be kept in respect of each of the following classes :- (a) applicants to become adoptive parents of special needs children ; (b) applicants to become adoptive parents of children resident in a country outside the Commonwealth and the Territories of the Commonwealth; (c) applicants to become adoptive parents of children in respect of whom they are relatives; (d) applicants to become adoptive parents of children of any other description. '3) In this Act- (a) the list of applicants referred to in provision (a) of subsection (2) is referred to as the Special Needs Children's Adoption List; (b) the list of applicants referred to in provision (b) of subsection (2) is referred to as the Foreign Children's Adoption List; (c) the list of applicants referred to in provision (c) of subsection (2) is referred to as the Relative Children's Adoption List; and (d) the list of applicants referred to in provision (d) of subsection (2) is referred to as the General Children's Adoption List. (4) As soon as is practicable after the commencement of the Adoption of Children Act Amendment Act 1983 the Director shall transfer from the adoption list kept by him immediately before the commencement of that Act to the appropriate list required by subsection (2) to be kept by him the names of all persons whose names are included in that adoption list, preserving as between persons whose names are transferred to the same appropriate list the order held by those persons on that adoption list. (5) The Director shall- (a) keep each adoption list in a form that indicates the order in which the applications by virtue of which names are to be included in the list were lodged with him; and

Adoption of Children Act Amendment Act 1983 , No. 26 281 (b) keep in connection with each adoption list such particulars as he thinks necessary of each person whose name is included in the list and of the description of child that that person has applied to adopt. (6) Where the Director is satisfied that a person who has applied to have his name included in an adoption list is a person whose name is or, within one month before the date of the application was included in a similar adoption list kept by a person approved for the purposes of the law of another State or a Territory of the Commonwealth, the Director may treat the application as having been lodged with him on the date certified in writing by the person having custody of that list to be the date on which the application by virtue of which the name was included in that list was received or was treated pursuant to the law of that State or Territory as having been received by him.". 15. Repeal of and new s. 18. The Principal Act is amended by repealing section 18 and substituting the following section:- " 18. Adoption list to be observed in certain cases. In making arrangements with a view to the adoption of a child in respect of whom a general consent has been given and who has not been declared to be a special needs child and, in particular, in determining the person or persons whose application to become an adoptive parent or adoptive parents he will approve in the case of such a child, the Director shall, without prejudice to his duty to consider all other relevant matters, have regard to the adoption list that includes the names of applicants to become adoptive parents of such a child and to the order of names on that list except where he is of the opinion that the welfare and best interests of the child require that that order be departed from.". 16. Amendment of s. 20 . Giving of consents . Section 20 of the Principal Act is amended by inserting after subsection (2) the following subsection :- " (2A) Where the child is a child in care within the meaning of the Children's Services Act1965--1982 or any Act substituted therefor a consent for the purposes of section 19 may be a consent to the adoption of the child by a particular applicant or particular applicants only.". 17. Amendment of s. 25. Court may dispense with consents . Section 25 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, inserting after the word " Court " the words " or tribunal "; (b) in subsection (1), 54091-10

282 Adoption of Children Act Amendment Act 1983, No. 26 (i) omitting all words from and including the words " The Supreme Court " to and including the words " is satisfied- " and substituting the following words:- " The Supreme Court or the tribunal may on the application of- the Director, or a married couple that has duly made and lodged with the Director an application to become adoptive parents of a child of whom each of them is either a parent or a relative, or a person who has duly made and lodged with the Director an application to become an adoptive parent of a child of whom he is a relative, by order, dispense with the consent of any person, other than the child where its consent is necessary, to the adoption of a child where the Court or tribunal is satisfied- "; (ii) omitting provision (e) and substituting the following words- (e) that the person has failed to reasonably plan for resumption of care of the child whereby integration of the child in its family is unlikely in the foreseeable future; or (f) that there are any other special circumstances that in the Court's or tribunal's opinion make it desirable that an order be made, and is satisfied that the welfare and interests of the child will be promoted if the order is made."; (c) inserting after subsection (1) the following subsection- " (IA) Where an application is made to the Court or tribunal under subsection (1) by any person or persons other than the Director a copy of the application shall be served 21 days at the least before the date fixed for the hearing of the application on the Director who shall be entitled to intervene in and become a party to the proceedings."; (d) in subsection (2), (i) inserting after the word " Court " the words " or tribunal "; (ii) omitting the words " an application for an adoption order has been made in respect of the child " and substituting the words " an application to become an adoptive parent of the child has been lodged with the Director "; (e) inserting after subsection (2) the following subsection:- " (2A) Where an order is sought under this section before the Director has made the assessment of the applicant or applicants required by section 13B to be made or in the circumstances referred to in subsection (2) the Court or tribunal may cause the Director to be notified that it is prepared to make the order sought subject to- (a) the Director making an assessment under section 13B of any applicant or applicants to become an adoptive

Adoption of Children Act Amendment Act 1983, No. 26 283 parent or adoptive parents of the child in question; and (b) that assessment being favourable to the applicant or applicants, and refrain from making the order sought until such an assessment is made."; (f) in subsection (3), inserting after the word " Court " the words or tribunal ".". 18. Amendment of s. 26 . Consent of child . Section 26 of the Principal Act is amended by inserting after the word " Court " where it twice occurs the words " or tribunal ". 19. New s. 26A. The Principal Act is amended by inserting after section 26 the following section:- " 26A. Provision concerning costs. Where an application is made under section 25 or 26 and the child or other person whose consent is sought to be dispensed with is joined as a party to the proceedings (such party being in this section referred to as the respondent) the Court or tribunal shall not make an order as to costs against the respondent irrespective of the outcome of the application.". 20. Amendment of s. 27. Guardianship of child awaiting adoption. Section 27 of the Principal Act is amended by adding at the end thereof the following subsection:- " (4) Where the Director becomes guardian of a child pursuant to this section he may extend to and in respect of the child such benefits as he might have extended to or in respect of the child if the child were a child in care within the meaning of the Children'sServices Act1965-1982 or any Act substituted therefor.". 21. New s. 27A. The Principal Act is amended by inserting after section 27 the following section:- " 27A. Register of children for adoption . (1) Where the Director has become guardian of a child pursuant to section 27 or is guardian of a child in respect of whom all consents (other than the Director's) necessary to its adoption have been given or dispensed with, except a child in respect of whom the consents necessary to its adoption have been given or dispensed with in relation to its adoption by a person who is a relative of the child, he shall forthwith cause the child's name to be entered in a register, and shall keep, either in or in connexion with the register, such particulars of the child as he thinks fit. (2) The register shall be kept in a form that indicates the order in which each child named therein became a child whose name is required to be entered in the register. (3) If an adoption order has not been made in respect of a child named in the register within three months after he became a child whose name is required to be entered in the register the

284 Adoption of Children Act Amendment Act 1983, No. 26 Director shall as soon as is practicable notify that fact to each person who would be guardian of the child had the Director not become such guardian. (4) If an adoption order has not been made in respect of a child referred to in subsection (3) within four months after he became a child whose name is required to be entered in the register the Director may, by writing under his hand, declare the child to be a special needs child. (5) The Director shall regularly review the circumstances of each special needs child with a view to securing for the child a permanent placement within a family environment and promoting the welfare and interests of the child. (6) When the Director is no longer guardian of a child named in the register the name and any other particulars of the child in the register shall be deleted. (7) This section applies in respect of children within the application of subsection (1) who have come into the guardianship of the Director before the commencement of the Adoption of Children Act Amendment Act 1983 as well as in respect of children who come into his guardianship after the commencement of that Act but in respect of such of the first mentioned children who have been in the Director's guardianship for longer than three months at the commencement of that Act it shall not be obligatory on the Director to comply with subsection (3).". 22. Renumbering s. 27A. The Principal Act is amended by re-numbering the existing section 27A, concerning the renunciation of guardianship of child to be adopted in another State or Territory, as section 27B. 23. Amendment of s. 28 . General effect of adoption orders. Section 28 of the Principal Act is amended by inserting after subsection (1) the following subsection:- " (IA) Notwithstanding subsection (1), where a child is adopted by a person who is the spouse of a parent (whether natural or adoptive) of the child- (a) the child does not cease to be a child of that parent and that parent does not cease to be a parent of the child; (b) the relationship between the child and that parent is not determined; (c) if that parent was the guardian of the child, the adoption order does not have the effect of terminating such guardianship; and (d) if the child was the adopted child of that parent, the adoption order does not have the effect of terminating such adoption.".

Adoption of Children Act Amendment Act 1983 , No. 26 285 24. Amendment of s. 33. Making of interim orders. Section 33 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection :- " (1) Notwithstanding that the Director or the tribunal has made assessments under this Act that are favourable to any applicant or applicants to become an adoptive parent or adoptive parents he may, instead of making an adoption order, make an interim order for the custody of a child in favour of the applicant or applicants."; (b) in subsection (3), (i) inserting after the words " favour of any " the words " person or "• (ii) inserting after the words "that child by" the words "that person or "; (c) in subsection (4), (i) inserting before the word " persons " the words " person or " (ii) inserting before the words " are entitled " the words " is or ". 25. Amendment of s. 35. Discharge of interim orders. Section 35 of the Principal Act is amended by, in subsection (2), adding at the end thereof the words " or in New Zealand ". 26. Amendment of s. 41 . Interference relating to adopted child by natural parent . Section 41 of the Principal Act is amended by adding at the end thereof the following subsections:- " (4) Where an application for the Director's approval of communication is made in relation to a child who immediately before his adoption was a special needs child, it is competent to the Director, subject to subsection (3)- (a) to give his approval to communication generally; or (b) to give his approval to communication restricted in such manner as he thinks fit. (5) In this section the term " communicate " includes to make contact with by any means whatever or to be in the company of and the term " communication " shall be construed accordingly.". 27. Amendment of s. 45. Restrictions on publication of identity of parties. Section 45 of the Principal Act is amended by- (a) in subsection ( 1), inserting after the word " Court " in parenthesis the words " or tribunal "; (b) in subsection (2), inserting after the word " court " the words It or tribunal ".

286 Adoption of Children Act Amendment Act 1983, No. 26 28. Repeal of and new s. 49. The Principal Act is amended by repealing section 49 and substituting the following section:- " 49. Presenting forged documents . A person shall not present or cause to be presented to the Director or to any person acting on behalf of the Director a document purporting to be- (a) an instrument of consent to the adoption of a child signed by a person whose consent to the adoption is required by this Act; or (b) an instrument of revocation of such a consent, knowing that the signature to the document is or was forged or obtained by fraud or duress. Penalty: $400 or imprisonment for six months.". 29. New s. 50A. The Principal Act is amended by inserting after section 50 the following section:- " 50A. Undue influence . A person who uses or threatens to use any force or restraint or does or threatens to do any injury, or causes or threatens to cause any detriment of any kind to a parent or guardian of a child with a view- (a) to inducing that parent or guardian to offer or refrain from offering the child for adoption under this Act; (b) to influencing the parent or guardian in the expression of any wishes contained in an instrument of consent to the adoption of a child; or (c) to inducing the parent or guardian to revoke a consent to the adoption of the child given by that parent or guardian, commits an offence against this Act. Penalty: $400 or imprisonment for six months.". 30. Repeal of and new s. 58. The Principal Act is amended by repealing section 58 and substituting the following section:- " 58. Hearings to be in camera . An application to the Court or tribunal under this Act shall be heard in camera and a person who is not a party to the proceedings or a party's counsel, solicitor or representative shall, except as otherwise permitted by the Court or tribunal, be excluded during the hearing of the application. ". 31. Amendment of s. 59. Secrecy provisions . Section 59 of the Principal Act is amended by inserting after the words " the Court " wherever those words occur the words " or tribunal ". 32. Amendment of s. 59A. Protection of persons in administering Act. Section 59A of the Principal Act is amended by omitting the words " to have his name included in the adoption list or ".

Adoption of Children Act Amendment Act 1983, No. 26 287 33. Repeal of and new s. 63. The Principal Act is amended by repealing section 63 and substituting the following section:- " 63. Parties to applications under Act. (1) Where an application is made- (a) to the Court under section 16; or (b) to the Court or tribunal under section 25 or 26, the Court or tribunal may permit such persons as it thinks fit to be joined as parties to the proceedings for the purpose of opposing the application. (2) Where the Court or tribunal, pursuant to subsection (1), permits a person to be joined as a party to proceedings, the Court or tribunal may, subject to section 26A, make such order as to costs and security for costs, by way of interlocutory order or otherwise, as it thinks fit.". 34. Amendment of s. 65. Regulations . Section 65 of the Principal Act is amended by, in subsection (1)- (a) adding at the end of provision (a) the words " and matters to be regarded in making assessments under this Act "; (b) omitting from provision (e) the words "Adoption List " and substituting the words " adoption lists and the eligibility of persons to have their names included in those lists ". 35. New s. 67. The Principal Act is amended by adding after section 66 the following section:- " 67. Service of documents . (1) A notification required by this Act to be given to any person shall be taken to have been duly given if- (a) it is served personally on the person to whom it is directed or, in the case of a notification directed to a married couple, it is served personally on one of them or, in either case, on a person authorized by a person to be served, either generally or in a particular case to accept service of documents on his behalf; (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives it; (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives it. (2) A notification shall be deemed to have been received by the person to whom it is directed- (a) where it has been given in the manner referred to in paragraph (a) of subsection (1), on the day it is served in accordance with that paragraph; (b) where it has been given in the manner referred to in paragraph (b) of subsection (1), on the day next following the day it is left at the place specified therein;

288 Adoption of Children Act Amendment Act 1983, No. 26 (c) where it has been given in the manner referred to in paragraph (c) of subsection (1), unless the contrary is proved, at the time when it would be delivered in the ordinary course of post.". 36. New second schedule. The Principal Act is amended by adding after the Schedule the following schedule:- "THE SECOND SCHEDULE [s. 8] Provisions governing the tribunal, persons appointed in connexion therewith and proceedings thereof 1. Tenure of office. The appointment of the chairman of the tribunal, the deputy chairman, a full-time member of the tribunal (if any) and a member of the panel of persons from whom may be selected a member of the tribunal shall commence on the date specified in the notification by which the appointment is made. Unless his office is sooner vacated as prescribed an appointee shall continue to hold office until his successor, being duly appointed, assumes his office. 2. Deputy chairman . A Judge of District Courts, other than the one appointed as chairman of the tribunal, shall be appointed, by notification published in the Gazette, to be deputy chairman and the appointee may hold that office in addition to his appointment as such a judge. The deputy chairman shall be appointed for a period nominated by the Minister and shall be eligible for re-appointment. Whenever the chairman of the tribunal is absent from or is unable to attend a sitting of the tribunal or otherwise to perform his functions under this Act or if at any time there is no chairman, the deputy chairman is authorized to act in his place and for the purposes of that sitting and while so acting at that sitting the deputy chairman shall be deemed to be chairman with all his powers and authorities. 3. Vacating office. The office of an appointee referred to in clause 1 or 2 shall become vacant if- (a) being the office of the chairman or deputy chairman, the appointee- (i) resigns his office by writing given to the Minister; or (ii) ceases to be a Judge of District Courts; or (b) being the office of any other appointee, the appointee- (i) attains the age of 65 years or sooner dies; (ii) resigns his office by writing given to the Minister; (iii) becomes bankrupt, compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (iv) is convicted in Queensland of an indictable offence or is convicted elsewhere than in Queensland in respect of an act or omission that, if done or made in Queensland would have constituted an indictable offence; (v) he is removed from office by the Governor in Council by notification published in the Gazette on the ground of mental

Adoption of Children Act Amendment Act 1983, No. 26 289 or physical incapacity to perform the duties of a member of the tribunal or of conduct that in the opinion of the Governor in Council shows him to be unfit to be a member of the tribunal. 4. Casual vacancies . If a casual vacancy occurs in the office of an appointee referred to in clause 1 or 2 during the currency of his term of appointment another person shall be appointed to fill the vacancy. Notwithstanding any other provision of this Act, the appointment of a person to fill a casual vacancy shall be for the balance of the term of his predecessor. 5. Sittings of tribunal . The tribunal shall sit at such times and places as are appointed by the chairman by notice given to the members of the tribunal. 6. Conduct of proceedings . The chairman shall preside at every sitting of the tribunal. Every proceeding brought or to be brought before the tribunal shall be instituted and conducted in accordance with this Act, so far as it so provides, the rules of practice of the tribunal, so far as they so provide, and the directions given by the chairman in a particular case. 7. Award of costs. Subject to this Act the tribunal may make such order as to costs as it considers just in such amount as the chairman considers reasonable in any proceeding brought before it for an order dispensing with a consent necessary to an adoption, but otherwise it has not jurisdiction to award costs. An amount of costs ordered by the tribunal to be paid and not paid may be recovered by the person in whose favour the order is made from the person against whom the order is made by action for a debt due and owing in a court of competent jurisdiction. 8. Decisions of tribunal . Subject to section 8 (2), a decision of the tribunal shall be that of the majority of its members. 9. Appearance before tribunal . A person concerned in any proceeding before the tribunal- (a) may appear therein in person; or (b) may be represented therein by counsel or solicitor or by any agent authorized by him in writing. 10. Rules of practice . The chairman, with the sanction of the Governor in Council given by Order in Council, may from time to time make such rules of the tribunal as are necessary or convenient for regulating the procedure and practice of the tribunal and giving full effect to the provisions of this Act conferring jurisdiction on the tribunal. Such rules- (a) may provide for the hearing and determination of proceedings in the absence of any party to the proceedings or other person who has been served with notice of the proceedings; (b) may provide for the giving of directions by the chairman in a case not covered by a rule of the tribunal.

290 Adoption of Children Act Amendment Act 1983, No. 26 11. Contempt of tribunal . If any person- (a) wilfully insults a member of the tribunal or a person assisting the tribunal during his sitting as or attending upon the tribunal or while going to or returning from a sitting of the tribunal; (b) wilfully interrupts the proceedings of the tribunal or misbehaves .himself before the tribunal; (c) wilfully obstructs or assaults a person attending before the tribunal; or (d) without lawful excuse, disobeys a lawful order of the tribunal or direction of the chairman at the hearing of a proceeding, he commits an offence and may be excluded from the room or place where the tribunal is sitting by order of the tribunal and, whether he is so excluded or not, may be dealt with as provided by this clause. A person assisting the tribunal and any person assisting him may by order of the tribunal take the offender into custody and detain him until the rising of the tribunal. The tribunal may order an offender, whether he is excluded from the room or place where the tribunal is sitting or not and whether he is taken into custody or not, to be committed to prison for a period not exceeding three months or may impose on the offender a fine not exceeding $300 and may order that in default of payment thereof the offender be committed to prison for a period not exceeding three months unless the fine is sooner paid. In punishing an offender under this clause there shall be no need to take evidence or issue a summons but at any time before the rising of the tribunal the offender shall be called upon to show cause why he should not be punished. An order of the tribunal made pursuant to this clause shall be sufficient authority to a justice of the peace to issue his warrant that the offender be taken into custody, conveyed to a prison specified therein and be detained therein according to the order and to any person to whom the warrant is directed and the keeper of the prison specified to comply with the warrant. 12. Chairman ' s report . As soon as is practicable after the 30th June in each year the chairman shall furnish to the Minister his report on the operations of the tribunal throughout the period of twelve months preceding the 30th June last passed. The Minister shall table such report in the Legislative Assembly within 14 sitting days after he has received it. 13. Entitlements of member . A member of the tribunal, other than a Judge of District Courts or a full-time such member, shall be entitled to such fees and remunerations for attending at sittings of the tribunal as are approved by the Governor in Council. Members of the tribunal shall be entitled to be reimbursed such out-of-pocket expenses necessarily incurred by them in performing the duties of their office as such members as are approved by the chairman.

Adoption of Children Act Amendment Act 1983, No. 26 291 The terms and conditions on which a full-time member of the tribunal shall hold his appointment shall, subject to this Act, be such as the Governor in Council determines. If a full-time member of the tribunal is appointed and if immediately before his appointment that member was an officer of the Public Service of Queensland- (a) he shall, by reason of the appointment and while he continues therein and without any formal resignation on his part from the Public Service, cease to be an officer of the Public Service, and, subject to this paragraph (a), the Public Service Act1922-1978 shall not apply to him; in particular, he shall not by reason of his appointment alone be entitled to benefits conferred by an Act upon resignation from the Public Service or upon ceasing to be employed by or under the Crown but if, upon or subsequently to the appointment, he resigns from the Public Service the provisions of an Act that confer such benefits shall apply to him; (b) unless, upon the appointment, he has resigned from the Public Service, he shall be deemed to be an officer within the meaning of each of them, the Public Service Superannuation Act1958-1972 and the State Service Superannuation Act1972-1978, if within three months after the appointment he so elects in writing addressed to the State Service Superannuation Board constituted for the purposes of those Acts, and shall continue to be so deemed until he ceases to hold the appointment or unless he has, subsequently to the appointment, resigned from the Public Service, whichever event first occurs; (c) unless he has resigned from the Public Service he is entitled to retain all his existing and accruing rights as if his service as such a member were a continuation of his service as an officer of the Public Service and upon his ceasing to hold office as such a member, if he becomes an officer in the Public Service his service in that office shall be regarded as service in a permanent capacity in the Public Service for the purpose of determining his rights as an officer of the Public Service; (d) he shall, upon his ceasing to hold office as such a member, be entitled to be appointed to a position within the Public Service or to some office under the Crown with a classification and salary corresponding with or higher than that of the position he held immediately before his appointment as a member of the tribunal as if his service as such a member were service in that position and to be classified accordingly, unless he has resigned from the Public Service or he has been removed from office as such a member upon a ground referred to in provision (e) of clause (3) and, in the case of mental or physical incapacity, such incapacity continues or he has attained the age of 65 years.

292 Adoption of Children Act Amendment Act 1983, No. 26 14. Registrar . (1) There shall be a registrar of the tribunal who shall have such functions and duties and may exercise such powers as are entrusted to or conferred upon him by the rules of the tribunal or by direction of the chairman. (2) An officer of the Public Service of Queensland may be appointed as registrar of the tribunal by notification published in the Gazette and may hold that office in conjunction with any other office held by him.".