Adoption of Children Amendment Act 1985 (WA)

WESTERN AUSTRALIA,

ADOPTION OF CHILDREN.

No. 108 of 1985.

AN ACT to amend the Adoption of Children Act 1896.

[Assented to 13 December 1985.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title

(1) This Act may be cited as the Adoption

mad principal

of Children Amendment Act 1985.	Act.
Reprinted as

(2) In this Act the Adoption of Children Act 1896

agrTraonTly

is referred to as the principal Act.

1984 andamended by

Acts Noe. 70

and 121 of

1984 and 14

of 1985.

Commence-

(1) This Act, except for section 25, shall come

ment.

into operation on a day to be fixed by proclamation.

No. 108.]

Adoption of Children.

[1985.

(2) Section 25 shall come into operation on a day 6 months after the day fixed by proclamation under subsection (1).

t3ection 3

repealed and

3. Section 3 of the principal Act is repealed and

substituted.

the following section substituted-

Jurisdiction.	3. (1) Upon the application in writing, in the prescribed form, to a Judge by a husband and wife jointly, one at least of whom is an eligible person, or by an applicant who is an eligible person, an order of adoption may be made by the Judge in favour of the applicant or applicants in the prescribed form and subject to the provisions of this Act.
(2) A person is an eligible person for the purposes of this section if he or she is

(a)	a natural parent, the spouse of a natural parent or a relative of the child;
(b)	a person who has had the child placed in his or her care under this Act by the Director-General or by a private adoption agency approved under section 3C for or towards or with a view to adoption; or
(c)	a person who has had the child in his or her care for a period of not less than 3 years. ".

Sections 3A

to 311

4. After section 3 of the principal Act, the follow-

inserted.

ing sections are inserted

Adoption	IC 3A. (1) For the purposes of this Act,
may be
arranged by

Director-	arrangements or negotiations for or towards
General or
by approved	or with a view to the adoption of a child by
adoption
agency.	any person or persons may be made by or on behalf of the Director-General or by or on behalf of a private adoption agency approved for the time being under this Act by the Minister.

1985.]

Adoption of Children.

[No. 108.

(2) The arrangements or negotiations referred to in subsection (1) may be made by any person authorized in writing for any specified purpose or purposes, either generally or in any particular case, by the Director- General or the principal officer of the agency concerned.

(3) This section shall not be construed as

preventing the mother or guardian of a child, or any person on behalf of the mother or guardian of a child, from making arrange- ments or negotiations for the adoption of the child by a relative of the child.

3B. (1) Any organization carrying on, or tirtzt desiring to carry on, the activity of conducting a.deo_ption negotiations or making arrangements with a

view to the adoption of children may apply in

writing to the Minister for approval as a

private adoption agency.

(2) An application under this section shall contain such information relating to the organization as is prescribed by the regula- tions and shall nominate some person to be the principal officer of the agency for the purposes of this Act.

(3) For the purposes of this section "organization" means an organization, corporate or unincorporate, formed or carried on primarily or principally for religious, charitable, benevolent, philan- thropic or welfare purposes, but does not include an organization formed or carried on for the purpose of trading or securing a pecuniary profit to its members.

3C. (1) Subject to subsection (2), the aglaarg may

Minister may grant or refuse any application II

wider section 3B and in particular, without

in any way limiting the generality of the

foregoing, may refuse any application if it

appears to him that the applicant is not an

No. 108.]

Adoption of Children.

[1985.

organization within the meaning of section 3B or is not a suitable organization to carry on the activity of making arrangements with a view to the adoption of children, having regard to all relevant considerations, including the qualifications, experience, character, and number of persons taking part, or proposing to take part, in the management or control of the organization, or engaged or proposed to be engaged, on behalf of the organization, in the making of arrangements with a view to the adoption of children.

(2) The Minister shall not grant an application under section 3B unless the applicant undertakes, to the satisfaction of the Minister, to provide persons whose consents are required to adoption with written information about alternatives to adoption and, when requested, to arrange referrals to persons and agencies concerned with those alternatives.

An approval under this section shall be valid for 3 years, or, if a longer period is prescribed, for that longer period, and may be renewed from time to time for a further period of 3 years by the Minister upon consideration of a further application under section 3B.

(3)

Revocation

or suspension

3D. (1) Subject to subsection (2), the

of approval.

Minister may at any time, by notice in writing served personally or by registered post on the principal officer of a private adoption agency, revoke or suspend any approval of the agency under this Act

(a)	at the request of the agency con- cerned;
(b)	on the ground that the agency is no longer a suitable organization to carry on the activity of conducting negotiations or making arrangements

1985.]

Adoption of Children.

[No. 108.

with a view to the adoption of children, having regard to all relevant considerations including the matters referred to in section 3C (1);

(c)	on the ground that the agency has contravened, or failed to comply with, a provision of this Act or the regula- tions that is applicable to it.

(2) Before revoking or suspending the approval of an agency under subsection (1) (b) or (c), the Minister shall

(a)

by notice in writing served personally or by registered post on the principal officer of the agency, inform the agency of the grounds on which the Minister considers the agency is no longer a suitable organization for the purposes set out in subsection (1) (b) or the manner in which the Minister believes the agency has con- travened or failed to comply with a provision of this Act or the regula- tions, as the case may be; and

(b)

have regard to any action taken by the agency within 21 days of the ser- vice on the agency of a notice under paragraph (a) in response to that notice.

3E. Where an organization ceases to be an retig, „

approved agency or the approval of an :Lla,l.edgri

organization as an approved agency is agency.

suspended

(a) all records and other documents held by it or under its control relating to the arrangement or negotiation of adoptions shall become the property of the Director-General;

No. 108.]

Adoption of Children.

[1985.

(b)	the Minister shall endeavour to arrange with the Director-General and other approved agencies for applicants on the list of the formerly approved agency to be registered in an appropriate manner on one or other of the lists maintained by the Director-General and approved agencies; and
(c)	the Minister shall endeavour to ensure that the arrangements or negotiations being undertaken by the formerly approved agency immediately before the cessation or suspension shall be continued by the Director-General or the principal officer of an approved agency.

Approvals

etc. to be

3F.

(1) Notice of the approval or the renewal of approval of any organization as a private adoption agency under this Act and of the revocation or suspension of any such

notified in

the Gazette.

approval shall be published in the Gazette.

(2) Every such notice shall specify the address of the principal office of the agency concerned and the full name of the principal officer of the agency.

Acts of

principal	3G.	Anything done by the principal officer
officer

deemed acts

of a private adoption agency or with his

of agency.

approval shall be deemed for the purposes of

this Act to have been done by the agency.

Appeal

against	3H. (1) Where the Minister
refusal,
revocation or

suspension.

(a) refuses an application under section

3C;

(b)	revokes or suspends the approval of

an organization as an approved

agency under section 3D,

1985.]

Adoption of Children.

[No. 108.

the applicant or organization may appeal to the District Court against the decision of the Minister by lodging a written notice of appeal, including the general grounds of the appeal and accompanied by the prescribed fee, not later than 21 days after the decision of the Minister is communicated to the applicant or organiza- tion.

(2) The District Court may, on such terms as the Court thinks just, by order extend the period within which an appeal may be instituted under subsection (1) and may do so although the application for extension is not made until after the expiration of that period.

(3) On the hearing of an appeal under this section, the District Court shall review the decision of the Minister and may order that the decision be confirmed, varied or set aside. ".

Section 4E of the principal Act is amended in subsection (2) by deleting "paragraph (8b) of sub- section (1) of section five of this Act" and substitut- ing the following-

Section 4E amended.

" section 5E ".

Section 48

Section 4H of the principal Act is amended

amended.

(a)	in subsection (4) by deleting "Two hundred dollars." and substituting the following-

" $2 500 or imprisonment for 6

months. "; and

(b)	in subsection (9) by deleting "Four hundred dollars" and substituting the following-

" $2 500 ".

No. 108.]

Adoption of Children.

[1985.

Election 5

amended.

7. Section 5 of the principal Act is amended

(a) in subsection (1)—

(i) by deleting in paragraph (3), "subject to subsection (la) of this section, that, in the opinion of the Director-General, the applicant is a proper person to be an adopting parent or that, notwithstanding the opinion of the Director-General to the contrary, the applicant is such a proper person;";

(ii) by deleting "sought;" at the end of paragraph (4) and substituting the following-

" sought. "; and

(iii) by deleting paragraphs (8b), (8c) and (8d); and

(b)	by repealing subsections (la), (lb), (2), (3), (4) and (5) and substituting the following subsections

(2) In the case of an application for the adoption of a child who has not reached the age of 18 years made by an applicant who is an eligible person by reason of section 3 (2) (c), the Judge before making an order of adoption shall be satisfied by a report of a social worker that the social worker has used all reasonable endeavours to re- establish the child with 1 or both of the child's natural parents.

(3) In this section "social worker" means a person who is eligible for full membership of the Australian Associa- tion of Social Workers. ".

1985.]

Adoption of Children.

[No. 108.

8. After section 5A of the principal Act, the SeZzad5AA

following section is inserted

5AA. A Judge shall not make an order a'tlifttcipaZo

under this Act for the adoption of a child =ielX•s.

unless, after considering such report, if any, concerning the proposed adoption as may be made under section 5E to the Judge by the Director-General, or some other officer of the Department or officer of a private adop- tion agency, and any other evidence before

the Judge, the Judge is satisfied that

(a)	the applicant, or, in the case of joint applicants, each of the appli- cants is of good repute and is a fit and proper person to have the custody and guardianship of a child and to fulfil the responsibilities of a parent of a child;
(b)	the applicant, or, in the case of joint applicants, each of the applicants is a suitable person to adopt that child having regard to all relevant matters including-

(i) the age of the child and of the applicant or applicants;

(ii) the state of health of the child and of the applicant or applicants;

(iii) the education of the child and of the applicant or applicants;

(iv) the size and stability of the family of the applicant or applicants; and

(v) any request that has been made by the mother of the child, in an instrument of con- sent to the adoption of the

No. 108.]

Adoption of Children.

[1985.

child, with respect to the religious upbringing of the child or the nationality or ethnicity of the adoptive parent or parents; and

will be promoted by the adoption. ".

Section 5B

amended.

9. Section 5B of the principal Act is amended

(a)	by deleting "subject to subsection (la) of section five of this Act,"; and
(b)	by deleting "paragraph (8b) of subsection (1) of section five of this Act" and sub- stituting the following-

" section 5E ".

Sections 5E

to 50

10. After section 5D of the principal Act, the

inserted.	following sections are inserted-
Reports to

and	5E. (1) The Director-General, or some
appearance

before	other officer of the Department or, in the case
Judge.	of a proposed adoption arranged by a private adoption agency, an officer of the private adoption agency shall, before the conclusion of the hearing of any application for an adoption order, make a report in writing to the Judge concerning the proposed adoption.
(2) Notwithstanding subsection (1), in the case of the proposed adoption of a person who has reached the age of 18 years or where the applicant or one of the applicants is the natural parent of the child, a report may, but need not, be made as required by that sub- section.
(3) A report made to the Judge under this section may include reference to any of the matters referred to in section 5AA or to any other matter or opinion that the person making the report considers relevant to the proposed adoption.

1985.]

Adoption of Children.

[No. 108.

(4) The Director-General, or some other officer of the Department authorized for the purpose by the Director-General in writing, or the principal officer of an approved adoption agency that has been involved in the proposed adoption, may appear at the hearing of any application made to a Judge under this Act and any proceedings relating to the application and may tender evidence, and may call, examine and cross-examine witnesses and address the Judge before whom the application is heard or the proceedings are held on the whole of the evidence.

5F.	Where an application for an order for =saga-

adoption of a child is contested, the Judge Tit?!

may direct that the child be separately repre-

sented by a legal practitioner and in the event

of such a direction the Minister shall make

arrangements accordingly.

5G.	A person who can establish to the irrentIon

satisfaction of the Judge that his paramount ig=g

interest in the matter of a proposed adoption person_

isthe welfare and interest of the child may

be given leave to intervene in the proceedings

or may be joined as a party to the proceedings

and may in either case tender evidence

and may call, examine and cross-examine

witnesses and address the Judge

accordingly. ".

11. Section 10 of the principal Act is amended— setae?

(a) in subsection (1) by deleting "subsection (la) of this section" and substituting the following-

" subsections (la) and (lb) "; and

No. 108.]

Adoption of Children.

[1985.

(b)	by inserting after subsection (la) the following subsection

C (lb) Notwithstanding subsection

(1), the surname to be conferred on an adopted child by an order of adoption may be a surname that might have been entered in a register of births by the Registrar-General under the Registration of Births, Deaths and Marriages Act 1961 if the birth of a child of the adopting parents were to be so registered after the coming into operation of the Registration of Births, Deaths and Marriages Amendment Act 1985. ".

Section 11	12.	Section 11 of the principal Act is amended by
amended.

inserting after subsection (2) the following

subsection

(3) Notwithstanding subsection (1), the Registrar of the Family Court shall give to the Director-General such information from the records under his control as the Director- General, or an officer of the Department authorized by the Director-General for the purpose, certifies in writing is required by the Director-General for the purposes of section 24AB. ".

Section 12A

amended.

13.

Section 12A of the principal Act is amended

by inserting after subsection (5) the following

subsection

C' (5a) Notwithstanding subsection (5), the

Registrar-General shall give to the Director- General such information from the records under his control as the Director-General, or an officer of the Department authorized by the Director-General for the purpose, certifies in writing is required by the Director-General for the purposes of sections 24AA and 24AB. ".

1985.]

Adoption of Children.

[No. 108.

Section 13

14. Section 13 of the principal Act is amended

amended.

by inserting after subsection (1) the following

subsection-

c t

(la) Notwithstanding subsection (1) (c), the Registrar-General shall give to the Director-General such information from the records under his control as the Director- General, or an officer of the Department authorized by the Director-General for the purpose, certifies in writing is required by the Director-General for the purpose of sections 24AA and 24AB. ".

15. Section 13B of the principal Act is amended =crecir

by inserting after subsection (2) the following sub-

section-

CC (2a) Notwithstanding subsection (2) (b),

the Registrar-General shall give to the Director-General such information from the records under his control as the Director- General, or an officer of the Department authorized by the Director-General for the purpose, certifies in writing is required by the Director-General for the purpose of sections 24AA and 24AB. ".

16.

Section 18 of the principal Act is amended in = 8

subsection (1) by deleting "Four hundred dollars"

and substituting the following

" $2 500 ".

Section 19

17.

in subsection (1) by deleting "Four hundred dollars"

and substituting the following-

Section 19 of the principal Act is amended

amended.

" $2 500 ".

No. 108.]

Adoption of Children.

[1985.

Section 20

amended.

18.

Section 20 of the principal Act is amended in

subsection (1) by deleting "Four hundred dollars or

imprisonment for twelve months." and substituting

the following-

" $2 500 or imprisonment for 6 months. ".

Section 21.	19.	Section 21 of the principal Act is amended by
amended.

deleting "Four hundred dollars" and substituting

the following-

" $2 500 ".

Section 22

amended.

20. Section 22 of the principal Act is amended by deleting "One hundred dollars" and substituting the following-

" $1000 ".

Section 23

repealed and

21.

Section 23 of the principal Act is repealed and

substituted.

the following section is substituted

Penalty for

t i

making	23. (1) Subject to subsections (2) and (3),
unauthorized

arrangements

a person who, without being authorized in

for

adoptions.

writing for the purpose by or on behalf of the

Director-General-

(a)	conducts or attempts to conduct any negotiation, or makes or attempts to make any arrangement, with a parent or guardian of a child for or towards or with a view to the adop- tion of the child or transfers or causes to be transferred the posses- sion, custody or control of a child to some other person or persons with a view to the adoption of the child by such person or persons; or
(b)	receives the possession, custody, or control of a child with a view to the adoption of the child,

is guilty of an offence against this Act.

Penalty: $2 500 or imprisonment for 6 months.

1985.]

Adoption of Children.

[No. 108.

(2) The provisions of subsection (1) do not apply to

(a)	any negotiations or arrangements made by or on behalf of the mother or a guardian of a child for the adop- tion of the child by a parent or relative of the child;
(b)	any negotiations or arrangements made by the principal officer of a private adoption agency approved under section 3C, or a person auth- orized in writing by such a principal officer to act on his behalf, with a view to the adoption of a child by any other person; or
(c)	the transfer of or receiving the pos- session, custody or control of a child pursuant to negotiations or arrange- ments of the kind referred to in paragraph (a) or (b).

(3) Where the Director-General refuses an application by a person to be authorized under subsection (1), the person may appeal against that refusal to a Judge of the Family Court and upon hearing such an appeal the Judge may

(a)	confirm the refusal of the Director- General; or
(b)	grant any authority that the Director-General might have granted under subsection (1).

(4) In subsection (2), "relative" includes

natural parent and spouse of a natural

parent. ".

No. 108.]

Adoption of Children.

[1985.

Section 23A

amended.

22. Section 23A of the principal Act is amended

by deleting "$400" and substituting the following-

" $2 500 or imprisonment for 6 months ".

Section 24

amended.

23. Section 24 of the principal Act is amended

(a)	by inserting after "24" the subsection designation "(1)"; and

(b) by inserting the following subsections-

(2) Proceedings for an offence against this Act may be commenced within 6 months after the day on which evidence, sufficient in the opinion of the Attorney General to justify the proceedings, comes to his knowledge.

(3) For the purposes of this section, a certificate of the Attorney General as to the day on which such evidence as is referred to in subsection (2) came to his knowledge shall be conclusive evidence. ".

Section 24A

amended.

24. Section 24A of the principal Act is amended in subsection (1) by inserting after "Department," the following-

" or principal officer of an approved private adoption agency, ".

Section 24AA

inserted.

25. After section 24A of the principal Act the

following section is inserted-

Access by

t l

adopted	24AA. (1) A person in respect of whom an in this State and who has attained the age of 18 years (in this section referred to as the adopted person) may apply in writing to the Director-General for an extract from, or
person to
adoption	order for adoption has been made or registered
information.

1985.]

Adoption of Children.

[No. 108.

certified copy of, the original entry of the birth of the adopted person in a register of births maintained under the Registration of Births, Deaths and Marriages Act 1961.

(2) Upon receipt of an application under subsection (1), the Director-General-

(a)	shall inform the adopted person in writing-

(i) of the place or places at which counselling services are avail- able;

(ii) that information cannot be supplied under this section unless the adopted person has received counselling by an approved counsellor; and

(iii) that identifying information cannot be supplied under this section if there is any entry in the Adoption Contact Register to the effect that a natural parent of the adopted person does not wish to have contact with the adopted person;

(b) shall inform the approved counsellor chosen by the adopted person of-

(i) any information relevant to the adoption known to the Director-General that is potentially distressing to the adopted person; and

(ii) any entry in the Adoption Contact Register to the effect that a natural parent of the adopted person does not wish to have contact with the adopted person;

No. 108.]

Adoption of Children.

[1985.

(c)	shall not supply an extract from, or certified copy of, the original entry of the birth of the adopted person in the register of births under this section unless the applicant has received counselling by an approved counsellor; and
(d)	shall not supply an extract from, or certified copy of, the original entry of the birth of the adopted person in the register of births under this section if there is any entry in the Adoption Contact Register to the effect that a natural parent of the adopted person does not wish to have contact with the adopted person.

(3) The counselling of an adopted person that is required for the purposes of this section shall include informing the adopted person of all information given to the approved counsellor in respect of that adopted person by the Director-General under subsection (2) (b).

(4) Where the Director-General has received an application under subsection (1) and is satisfied that-

(i) the adopted person has received counselling by an approved coun- sellor; and

(ii) there is no entry in the Adoption Contact Register to the effect that a natural parent of the adopted person does not wish to have contact with the adopted person,

the Director-General shall apply to the Registrar-General for the issue to the Director-General or to the adopted person of an extract from, or certified copy of, the original entry of the birth in the register of births relating to the adopted person.

1985.]

Adoption of Children.

[No. 108.

(5) Upon receipt of an application under subsection (4) and upon payment of any fees that may be payable, the Registrar-General shall issue in accordance with the application an extract from, or certified copy of, the original entry of the birth in the register of births relating to the person named in the application and any such extract or certified copy shall be marked with the word "adopted".

(6) In this section "approved counsellor" means a person who is approved by the Minister for the purposes of this section by

notice published in the Gazette.

(7) Notwithstanding any other provisions of this Act, where the Director-General has received an application for information from any person having a sufficient interest relat- ing to an adopted person or the natural parents, adopting parents or relatives of an adopted person and considers that by reason of special circumstances, relating to health or otherwise, it is desirable to release any information he has to the applicant he may, subject to the approval of the Minister and subject to such conditions as the Director- General or the Minister may stipulate, release such information.

(8) Any person who breaches a condition imposed under subsection (7) commits an offence.

Penalty: $2 500 or imprisonment for six

(6) months. ".

Sections 24AB

26. Before section 24B of the principal Act the

to 24AD

following sections are inserted-	inserted.
Adoption

24AB. (1) The Director-General shall

Contact

establish and maintain an Adoption Contact	Register.
Register.

No. 108.]

Adoption of Children.

[1985.

(2) There shall be entered in the Adoption Contact Register

(a)	the names and addresses of persons, including-

(i) adopted persons;

(ii) relatives of adopted persons;

(iii)

natural parents of adopted

persons; and

(iv)

adopting parents of adopted

persons

who have in writing requested the Director-General to enter their names and addresses in the Adoption Contact Register; and

(b)	in relation to each person whose name is so entered, the wishes of the person in relation to-

(i) obtaining information about, or meeting or providing information to;

(ii) whether or not to release the name, address or any informa- tion about the person to; and

(iii) any information that the person may wish to be released to

another person whose name is, or may in the future be, entered in the Adoption Contact Register.

(3) The name and address of an adopted person who is under the age of 18 years shall not be entered in the Adoption Contact Register except with the consent in writing of the adopting parents of that person.

1985.]

Adoption of Children.

[No. 108.

(4) The name and address of a person whose name is entered in the Adoption Con- tact Register shall not be disclosed to any person (except in accordance with this Act) unless the person has given consent in writ- ing to the disclosure of the name and address.

(5) The Director-General shall from time to time, by advertising in such manner as he considers appropriate, publicize the establish- ment of the Adoption Contact Register and invite adopted persons and natural parents to record their wishes in relation to obtaining information about, or meeting or providing information to, another person whose name is, or may in the future be, entered in the Adoption Contact Register.

(6) The Director-General shall, upon the request of a person whose name is entered in the Adoption Contact Register, amend or cancel the entry relating to that person and in the event of the death of the person whose name is so entered cancel the entry relating to such person.

24AC. A person who, except for the gamy.

purposes of this Act or as may be permitted by this Act or the regulations directly or indirectly

(a)	makes a record of any information; or
(b)	divulges or communicates to any person any information,

being information contained in records, books, documents or files of or in the possession or under the control of the Department or an approved adoption agency and relating to the

No. 108.]

Adoption of Children.

[1985.

adoption of a child or arrangements or negotiations for or towards or with a view to the adoption of a child is guilty of an offence against this Act.

Penalty: $2 500 or imprisonment for 6

months.

24AD. (1) A person who does any act calculated or likely to intimidate, embarrass, ridicule or harass another person by virtue of that other person being or having been

(a) an adopted person;

(b)	a natural parent of an adopted person;
(c)	an adopting parent of an adopted person;

or a relative of any of the foregoing persons

is guilty of an offence against this Act.

(2) For the purposes of subsection (1) "relative" means any of the mother, father, brothers, sisters, spouses, de facto spouses or children of the relevant person.

Penalty: $2 500 or imprisonment for six months. ".

Section 26

added.

27. After section 25 of the principal Act, the

following section is added-

Power to

make	26. The Governor may make regulations prescribing all matters which are required or permitted by this Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the purposes of this Act and, in particular, making provision for or in relation to
regulations.

(a)	requirements to be observed and facilities to be provided in relation to the making of arrangements with a view to the adoption of children;

1985.]

Adoption of Children.

[No. 108.

(b)	the qualifications and experience of persons engaged in making arrange- ments with a view to the adoption of children and standards and pro- cedures to be observed in providing any service to the public in relation thereto;
(c)	notifying any change in the addressor in the management or control of

private adoption agencies and making returns in relation to the conduct of the business of private adoption agencies concerning adoptions or proposed adoptions;

(d)	factors to be considered in the placement of children for the purposes of adoption under this Act and the keeping of lists of applicants;

(e) the authorization of the Governor to

direct by order published in the

Gazette that lists of applicants be

closed for a period specified in the

order;

(f)	criteria in accordance with which aperson will or will not be approved

by the Director-General or an approved adoption agency as a fit and proper person to receive custody and control of a child for the purposes of adoption, but enabling the Director-General to depart from the criteria to allow placement of children with special needs;

(g)	criteria for the approval of persons as approved counsellors for the purposes of section 24AA;
(h)	the constitution of offences for contravention of or failure to comply with a regulation and provision for penalties not exceeding a fine of $1 000 for offences against the regulations. ".

No. 108.]

Adoption of Children.

[1985.

Transitional.

28. Where immediately before the coming into

operation of this Act

(a)	an application has been made under the principal Act for an order of adoption and the application has not been finally determined; or
(b)	a child has been placed in the custody of a person or persons for the purpose of adoption, the consents to adoption required under the principal Act have been given and any necessary consent of the Director- General under section 23 of the principal Act has been given,

the application for an order of adoption in respect of that child shall continue to be dealt with and completed or otherwise determined in all respects as if this Act had not been enacted.