Adoption of Children Amendment Regulation (No. 1) 2002 (Qld)

Adoption of Children Amendment Regulation (No. 1) 2002

Queensland Subordinate Legislation 2002 No. 166 Adoption of Children Act 1964 ADOPTION OF CHILDREN AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Replacement of pt 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 4 (Special needs children’s adoption list) . . . . . . . . . . . . . 4 6 Omission of s 5 (Foreign children’s adoption list) . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 6 (Relative children’s adoption list). . . . . . . . . . . . . . . . . . 5 8 Replacement of s 7 (General children’s adoption list) . . . . . . . . . . . . . . . . . 5 7 Expression of interest register and assessment register—non-resident children ...................... 5 7A Expression of interest register and assessment register—certain other children .................................. 7 9 Amendment of s 8 (Eligibility of person habitually resident in a convention country) ...................................... 8 10 Replacement of s 9 (Eligibility of person seeking adoption order under s 12(3) of the Act) ........................................ 8 9 Eligibility of person seeking adoption order under s 12(3) of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Amendment of pt 3 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Replacement of s 10 (Matters to be regarded for assessment—Act, s 13C(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Matters to have regard to for assessment—Act, s 13C(b) . . . . . . . . . 10

2 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 13 Amendment of s 11 (All adoption lists) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Omission of s 12 (Foreign children’s adoption list) . . . . . . . . . . . . . . . . . . . 11 15 Amendment of s 13 (Relative children’s adoption list). . . . . . . . . . . . . . . . . 11 16 Replacement of s 14 (General children’s adoption list) . . . . . . . . . . . . . . . . 12 14 Persons named in the expression of interest register . . . . . . . . . . . . . 12 17 Amendment of pt 4, div 1 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Amendment of s 15 (Application fee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15A Fee for expression of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Amendment of s 16 (Assessment fee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 Amendment of s 17 (Provision of relevant documents or information by applicants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Replacement of s 18 (Notice of change in applicant’s circumstances) . . . . . 15 18 Notice of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Amendment of pt 4, div 2 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 24 Amendment of s 20 (Withdrawal of application) . . . . . . . . . . . . . . . . . . . . . 16 25 Insertion of new ss 20A and 20B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 20A Withdrawal of expression of interest . . . . . . . . . . . . . . . . . . . . . . . . . 17 20B Notice asking for removal from assessment register . . . . . . . . . . . . . 17 26 Replacement of s 21 (Removal from special needs children’s adoption list—Act, s 13B(8)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Removal from Special Needs Children’s Adoption List—Act, s 13B(9) 17 27 Amendment of s 22 (Removal if application not proceeding) . . . . . . . . . . . 17 28 Replacement of s 23 (Notice to applicant of removal) . . . . . . . . . . . . . . . . . 18 23 Notice of removal of person’s name from adoption list, expression of interest register or assessment register . . . . . . . . . . . . . . 18 29 Insertion of new pt 7 hdg and div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 30 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2—Provisions relating to Adoption of Children Amendment Act 2002 32 Deﬁnitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 33 Eligibility for certain persons to be named in the expression of interest register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

3 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 34 Eligibility and other requirements for certain persons transferred to the expression of interest register or assessment register . . . . . 20 31 Replacement of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SCHEDULE 1 FEES 32 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

s1 4 s5 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 1 Short title This regulation may be cited as the Adoption of Children Amendment Regulation (No. 1) 2002 . 2 Commencement This regulation commences on 1 July 2002. 3 Regulation amended This regulation amends the Adoption of Children Regulation 1999. 4 Replacement of pt 2 hdg Part 2, heading— omit, insert— ‘PART 2—ELIGIBILITY TO BE NAMED IN ADOPTION LIST, EXPRESSION OF INTEREST REGISTER OR ASSESSMENT REGISTER ’. 5 Amendment of s 4 (Special needs children’s adoption list) (1) Section 4, heading— omit, insert— ‘ Special Needs Children’s Adoption List ’. (2) Section 4, from ‘The following’ to ‘remain in the list’— omit, insert— ‘For section 13AA(4)(a) 1 of the Act, a person is ineligible to have the person’s name entered in the Special Needs Children’s Adoption List unless the person satisfies the following requirements’. 1 Section 13AA (Application for adoption of a special needs child or a child who is a relative) of the Act

s6 5 s8 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 6 Omission of s 5 (Foreign children’s adoption list) Section 5— omit. 7 Amendment of s 6 (Relative children’s adoption list) (1) Section 6, heading— omit, insert— ‘ Relative Children’s Adoption List ’. (2) Section 6, from ‘The following’ to ‘remain in the list’— omit, insert— ‘For section 13AA(4)(a) of the Act, a person is ineligible to have the person’s name entered in the Relative Children’s Adoption List unless the person satisfies the following requirements’. (3) Section 6(c), after ‘least’— insert— ‘the past’. 8 Replacement of s 7 (General children’s adoption list) Section 7— omit, insert — ‘7 Expression of interest register and assessment register—non-resident children ‘ (1) Subsection (2) applies to a person whose name is entered in the expression of interest register and whose expression of interest relates to a non-resident child. ‘ (2) For section 13AC(2)(a) 2 of the Act, the person is ineligible to have the person’s name entered in the expression of interest register unless the person satisfies the following requirements— 2 Section 13AC (Inclusion of person’s name in expression of interest register) of the Act

s8 6 s8 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 (a) the person must be resident or domiciled in Queensland; (b) the person must be an Australian citizen or married to an Australian citizen; (c) the person must not be suffering from a physical or mental condition, or have a physical or mental disability, to an extent that the person could not provide a high level of stable, long-term care for a child; (d) the person must have been married for at least the past 2 years; (e) there must not be more than 4 children in the custody of the person, the person’s spouse or both of them; (f) at the time the chief executive received the expression of interest— (i) if neither the person nor the person’s spouse is a previous adoptive parent—1 of them was less than 41 years and the other was less than 47 years; (ii) if either the person or the person’s spouse is a previous adoptive parent—1 of them was less than 43 years and the other was less than 47 years. ‘ (3) Subsection (4) applies if— (a) a person has, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter in relation to a non-resident child; and (b) the person’s name is entered in the assessment register. ‘ (4) For section 13E(2)(a) 3 of the Act, the person is ineligible to have the person’s name remain in the assessment register unless the person satisﬁes the requirements mentioned in subsection (2). 3 Section 13E (Ineligibility after person’s name entered in assessment register) of the Act

s8 7 s8 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 ‘7A Expression of interest register and assessment register—certain other children ‘ (1) Subsection (2) applies to a person whose name is entered in the expression of interest register and whose expression of interest relates to a child, other than— (a) a child of whom the person is a relative; or (b) a non-resident child; or (c) a special needs child. ‘ (2) For section 13AC(2)(a) of the Act, the person is ineligible to have the person’s name entered in the expression of interest register unless the person satisfies the following requirements— (a) the person must be resident or domiciled in Queensland; (b) the person must be an Australian citizen or married to an Australian citizen; (c) the person must not be suffering from a physical or mental condition, or have a physical or mental disability, to an extent that the person could not provide a high level of stable, long-term care for a child; (d) the person or the person’s spouse must be infertile; (e) the person must have been married for at least the past 2 years; (f) there must not be more than 1 child in the custody of the person, the person’s spouse or both of them; (g) at the time the chief executive received the expression of interest— (i) if the person or the person’s spouse has custody of a child—the person was less than 40 years; or (ii) otherwise—the person was less than 36 years. ‘ (3) Subsection (4) applies if— (a) a person has, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter in relation to a child, other than— (i) a child of whom the person is a relative; or (ii) a non-resident child; or

s 9 8 s 10 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 (iii) a special needs child; and (b) the person’s name is entered in the assessment register. ‘ (4) For section 13E(2)(a) of the Act, the person is ineligible to have the person’s name remain in the assessment register unless the person satisﬁes the requirements mentioned in subsection (2).’. 9 Amendment of s 8 (Eligibility of person habitually resident in a convention country) Section 8, ‘, or remain in the list’— omit, insert— ‘or the expression of interest register, or remain in the assessment register’. 10 Replacement of s 9 (Eligibility of person seeking adoption order under s 12(3) of the Act) Section 9— omit, insert— ‘9 Eligibility of person seeking adoption order under s 12(3) of the Act ‘ (1) This section applies to a person seeking an adoption order mentioned in section 12(3) 4 of the Act. ‘ (2) If the person’s name is entered in the Relative Children’s Adoption List, the requirement mentioned in section 6(c) does not apply to the person. ‘ (3) Subsections (5) and (6) apply if the person’s name is entered in the expression of interest register and the person’s expression of interest relates to a non-resident child. ‘ (4) Subsections (5) and (6) also apply if— (a) the person has, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter in relation to a non-resident child; and 4 Section 12 (Persons in whose favour adoption orders may be made) of the Act

s 10 9 s 10 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 (b) the person’s name is entered in the assessment register. ‘ (5) The requirements mentioned in section 7(2)(d) to (f) do not apply to the person. ‘ (6) In addition to satisfying the requirements mentioned in section 7(2)(a) to (c), the person must satisfy each of the following requirements— (a) the person must not have more than 4 children in the person’s custody; (b) if the person is not a previous adoptive parent—the person must have been less than 41 years at the time the chief executive received the person’s expression of interest; (c) if the person is a previous adoptive parent—the person must have been less than 43 years at the time the chief executive received the person’s expression of interest. ‘ (7) Subsections (9) and (10) apply if the person’s name is entered in the expression of interest register and the person’s expression of interest relates to a child, other than— (a) a child of whom the person is a relative; or (b) a non-resident child; or (c) a special needs child. ‘ (8) Subsections (9) and (10) also apply if— (a) the person has, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter in relation to a child, other than— (i) a child of whom the person is a relative; or (ii) a non-resident child; or (iii) a special needs child; and (b) the person’s name is entered in the assessment register. ‘ (9) The requirements mentioned in section 7A(2)(e) to (g) do not apply to the person. ‘ (10) In addition to satisfying the other requirements mentioned in section 7A(2)(a) to (d), the person must satisfy each of the following requirements—

s 11 10 s 13 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 (a) the person must not have more than 1 child in the person’s custody; (b) if the person has custody of a child—the person must have been less than 40 years at the time the chief executive received the person’s expression of interest; (c) if the person does not have custody of a child—the person must have been less than 36 years at the time the chief executive received the person’s expression of interest.’. 11 Amendment of pt 3 hdg Part 3, heading, ‘ OF APPLICANTS ’— omit. 12 Replacement of s 10 (Matters to be regarded for assessment—Act, s 13C(a)) Section 10— omit, insert— ‘10 Matters to have regard to for assessment—Act, s 13C(b) ‘This part sets out the matters to which the chief executive must have regard when making an assessment, under section 13B 5 of the Act, about a person named in an adoption list or the expression of interest register.’. 13 Amendment of s 11 (All adoption lists) (1) Section 11, heading— omit, insert— ‘ Persons named in an adoption list or the expression of interest register—general matters ’. (2) Section 11, ‘an applicant on any adoption list’— omit, insert— ‘a person named in an adoption list or the expression of interest register’. 5 Section 13B (Chief executive’s assessments) of the Act

s 14 11 s 15 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 (3) Section 11(a), ‘applicant’— omit, insert— ‘person’. (4) Section 11(b) to (e), ‘applicant’s’— omit, insert— ‘person’s’. (5) Section 11(d), ‘applicant has applied to adopt’— omit, insert— ‘person’s application to become an adoptive parent, or expression of interest, relates to’. 14 Omission of s 12 (Foreign children’s adoption list) Section 12— omit. 15 Amendment of s 13 (Relative children’s adoption list) (1) Section 13, heading— omit, insert— ‘ Persons named in the Relative Children’s Adoption List ’. (2) Section 13, from ‘For an applicant’ to ‘adoption list’— omit, insert— ‘For a person named in the Relative Children’s Adoption List’. (3) Section 13(a), ‘applicant’s’— omit, insert— ‘person’s’. (4) Section 13(b) and (d), ‘applicant’— omit, insert— ‘person’.

s 16 12 s 18 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 16 Replacement of s 14 (General children’s adoption list) Section 14— omit, insert— ‘14 Persons named in the expression of interest register ‘ (1) This section applies to a person named in the expression of interest register. ‘ (2) If the person’s expression of interest relates to a non-resident child residing in a particular country, the chief executive must have regard to the following matters— (a) the person’s understanding of, and interest in, the country and its culture; (b) if an adoptive child from the country were placed with the person, the person’s ability and willingness— (i) to continue to learn about the country and its culture; and (ii) to help the child learn about the country and its culture. ‘ (3) If the person’s expression of interest relates to a child, other than a child of whom the person is a relative, or a non-resident or special needs child, the chief executive must have regard to the person’s adjustment to, and acceptance of, the infertility of the person or the person’s spouse. ‘ (4) In having regard to the matters mentioned in subsection (3), the chief executive must have regard to whether the infertile person is pursuing fertility treatment.’. 17 Amendment of pt 4, div 1 hdg Part 4, division 1, heading, after ‘ applications ’— insert— ‘ , expressions of interest and assessments ’. 18 Amendment of s 15 (Application fee) Section 15— insert—

s 19 13 s 21 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 ‘ (2) However, the fee is not payable if the application is made by a person whose name is or, within 1 month before the date of the application, was included in a similar list kept by a person approved for the purposes of the law of another State or a Territory of the Commonwealth.’. 19 Insertion of new s 15A After section 15— insert— ‘15A Fee for expression of interest ‘ (1) An expression of interest made by a person in response to an invitation must be accompanied by the expression of interest fee. ‘ (2) However, the fee is not payable if the expression of interest is made by a person whose name is or, within 1 month before the date of the expression of interest, was included in a register, similar to the expression of interest register, kept by a person approved for the purposes of the law of another State or a Territory of the Commonwealth.’. 20 Amendment of s 16 (Assessment fee) Section 16(1), from ‘An applicant’ to ‘adoption list’— omit, insert— ‘A person named in an adoption list or the expression of interest register’. 21 Amendment of s 17 (Provision of relevant documents or information by applicants) (1) Section 17, heading, ‘ by applicants ’— omit. (2) Section 17(2)— renumber as section 17(3). (3) Section 17(1)— omit, insert—

s 21 14 s 21 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 ‘ (1) A person who has applied to become an adoptive parent must give the chief executive, on request, any document or information the chief executive reasonably requires to— (a) consider the person’s eligibility to have the person’s name entered in an adoption list; or (b) make an assessment, under section 13B 6 of the Act, about the person. ‘ (2) A person who, in response to an invitation, has expressed interest in being assessed as suitable to be a prospective adopter must give the chief executive, on request, any document or information the chief executive reasonably requires to— (a) consider the person’s eligibility to have the person’s name entered in the expression of interest register; or (b) make an assessment, under section 13B of the Act, about the person; or (c) consider the person’s eligibility to have the person’s name remain in the assessment register.’. (4) Section 17(3) as renumbered, ‘applicant’— omit, insert— ‘person’. (5) Section 17(3) as renumbered, ‘applicant’s’— omit, insert— ‘person’s’. (6) Section 17(3)(f) as renumbered— omit, insert— ‘(f) if the person has applied to become an adoptive parent in relation to a particular child—a document evidencing a parenting order under the Family Law Act 1975 (Cwlth) or a similar order relating to the child.’. 6 Section 13B (Chief executive’s assessments) of the Act

s 22 15 s 22 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 22 Replacement of s 18 (Notice of change in applicant’s circumstances) Section 18— omit, insert— ‘18 Notice of change in circumstances ‘ (1) This section applies if— (a) a person’s name is entered in an adoption list; and (b) the person has given information to the chief executive about a matter; and (c) new information about the matter arises or there is a change in the information given; and (d) the new or changed information is relevant to— (i) a decision about the person’s eligibility to have the person’s name entered in the relevant adoption list; or (ii) an assessment, under section 13B of the Act, about the person. ‘ (2) Also, this section applies if— (a) a person’s name is entered in the expression of interest register; and (b) the person has given information to the chief executive about a matter; and (c) new information about the matter arises or there is a change in the information given; and (d) the new or changed information is relevant to— (i) a decision about the person’s eligibility to have the person’s name entered in the expression of interest register; or (ii) an assessment, under section 13B of the Act, about the person. ‘ (3) In addition, this section applies if— (a) a person’s name is entered in the assessment register; and (b) the person has given information to the chief executive about a matter; and

s 23 16 s 24 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 (c) new information about the matter arises or there is a change in the information given; and (d) the new or changed information is relevant to— (i) a decision about the person’s eligibility to have the person’s name remain in the assessment register; or (ii) an assessment, under section 14 7 of the Act, about the person. ‘ (4) The person must immediately give the new or changed information to the chief executive.’. 23 Amendment of pt 4, div 2 hdg Part 4, division 2, heading, after ‘ list ’— insert — ‘ , expression of interest register or assessment register ’. 24 Amendment of s 20 (Withdrawal of application) (1) Section 20(1), from ‘An applicant’ to ‘any time’— omit, insert— ‘A person who has applied to become an adoptive parent may withdraw the application’. (2) Section 20(2), ‘withdrawal’— omit, insert— ‘notice’. (3) Section 20(2), ‘applicant’s’— omit, insert— ‘person’s’. 7 Section 14 (Further assessment of prospective adopters) of the Act

s 25 17 s 27 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 25 Insertion of new ss 20A and 20B After section 20— insert— ‘20A Withdrawal of expression of interest ‘ (1) A person named in the expression of interest register may withdraw the person’s expression of interest by written notice given to the chief executive. ‘ (2) On receiving the notice, the chief executive must remove the person’s name from the expression of interest register. ‘20B Notice asking for removal from assessment register ‘ (1) A person named in the assessment register may give the chief executive a written notice asking the chief executive to remove the person’s name from the assessment register. ‘ (2) On receiving the notice, the chief executive must remove the person’s name from the assessment register.’. 26 Replacement of s 21 (Removal from special needs children’s adoption list—Act, s 13B(8)) Section 21— omit, insert— ‘21 Removal from Special Needs Children’s Adoption List—Act, s 13B(9) ‘The time prescribed for section 13B(9) of the Act is 2 years from the time the person applied to the chief executive to become an adoptive parent.’. 27 Amendment of s 22 (Removal if application not proceeding) (1) Section 22, heading, ‘ application not proceeding ’— omit, insert— ‘ chief executive satisﬁed person no longer wishes to become an adoptive parent ’.

s 28 18 s 28 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 (2) Section 22(1)— omit, insert— ‘ (1) The chief executive may remove a person’s name from an adoption list, or the expression of interest register or assessment register, if the chief executive is reasonably satisfied the person no longer wishes to become an adoptive parent.’. (3) Section 22(2), ‘an applicant does not intend to proceed with the application’— omit, insert— ‘a person no longer wishes to become an adoptive parent’. (4) Section 22(2)(a), (b) and (d) to (f), ‘applicant’— omit, insert— ‘person’. (5) Section 22(2)(a) and (e), ‘wishes to proceed with the application’— omit, insert— ‘still wishes to become an adoptive parent’. (6) Section 22(2)(c) and (e), ‘applicant’s’— omit, insert— ‘person’s’. (7) Section 22(2)(e), after ‘list’— insert— ‘or the expression of interest register or assessment register’. 28 Replacement of s 23 (Notice to applicant of removal) Section 23— omit, insert— ‘23 Notice of removal of person’s name from adoption list, expression of interest register or assessment register ‘ (1) This section applies if the chief executive, under sections 20 to 20B or section 22, removes a person’s name from an adoption list or the expression of interest register or assessment register.

s 29 19 s 30 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 ‘ (2) The chief executive must give the person a written notice of the removal. ‘ (3) However, the chief executive is not required to give the person the notice if the chief executive can not find the person, after making reasonable inquiries.’. 29 Insertion of new pt 7 hdg and div 1 hdg After section 30— insert— ‘PART 7—TRANSITIONAL PROVISIONS ‘Division 1—Provision for expired regulation ’. 30 Insertion of new pt 7, div 2 After section 31— insert— ‘Division 2—Provisions relating to Adoption of Children Amendment Act2002 ‘32 Deﬁnitions for div 2 ‘In this division— “commencement” means commencement of this section. “Foreign Children’s Adoption List” means the Foreign Children’s Adoption List as it existed immediately before the commencement. “General Children’s Adoption List” means the General Children’s Adoption List as it existed immediately before the commencement. ‘33 Eligibility for certain persons to be named in the expression of interest register ‘ (1) This section applies if—

s 30 20 s 30 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 (a) a person, before the commencement, made an application to become an adoptive parent and to have the person’s name entered in the General Children’s Adoption List or Foreign Children’s Adoption List; and (b) the person’s name has not been entered in the appropriate list before the commencement; and (c) the application is to be dealt with under section 71(2)(b) 8 of the Act. ‘ (2) Despite section 7(2)(f), 9 7A(2)(g) 10 or 9(6)(b) or (c) or (10)(b) or (c), 11 the requirement mentioned in the provision must have been satisﬁed at the time the chief executive received the application. ‘34 Eligibility and other requirements for certain persons transferred to the expression of interest register or assessment register ‘ (1) This section applies if— (a) immediately before the commencement, a person is named in the General Children’s Adoption List or Foreign Children’s Adoption List; and (b) information about the person was transferred— (i) under section 71(3) or (4) of the Act, to the expression of interest register; or (ii) under section 71(5) of the Act, to the assessment register. ‘ (2) The person is taken to have, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter. ‘ (3) Despite section 7(2)(f), 7A(2)(g) or 9(6)(b) or (c) or (10)(b) or (c), the requirement mentioned in the provision must have been satisﬁed at the time the chief executive received the application.’. 8 Section 71 (Transfer of names from the General Children’s Adoption List or Foreign Children’s Adoption List) of the Act 9 Section 7 (Expression of interest register and assessment register—non-resident children) 10 Section 7A (Expression of interest register and assessment register—certain other children) 11 Section 9 (Eligibility of person seeking adoption order under section 12(3) of the Act)

s 31 21 s 31 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 31 Replacement of sch 1 (Fees) Schedule 1— omit, insert— ‘SCHEDULE 1 ‘FEES sections 15, 15A, 16 and 26 $ 1. For an application by a person to become an adoptive parent and have the person’s name entered in the Special Needs Children’s Adoption List— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil (b) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil 2. For an application by a person to become an adoptive parent and have the person’s name entered in the Relative Children’s Adoption List— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53.00 (b) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146.30 3. For an expression of interest by a person, in response to an invitation, in being assessed as suitable to be a prospective adopter— (a) for a non-resident child— (i) expression of interest fee . . . . . . . . . . . . . . . . . . . 53.00 (ii) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . .2 000.00 (b) for a child, other than a child of whom the person is a relative, or a non-resident or special needs child— (i) expression of interest fee . . . . . . . . . . . . . . . . . . . 53.00 (ii) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 487.30 4. Application for identifying information— (a) for an applicant receiving a prescribed Commonwealth pension . . . . . . . . . . . . . . . . . . . . . . . nil (b) for any other person . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00’.

s 32 22 s 32 Adoption of Children Amendment Regulation (No. 1) No. 166, 2002 2002 32 Amendment of sch 2 (Dictionary) (1) Schedule 2, deﬁnitions “applicant” and “previous adoptive parent”— omit. (2) Schedule 2— insert— ‘ “Australian citizen” means an Australian citizen under the Australian Citizenship Act 1948 (Cwth), part 3. “commencement” , for part 7, division 2, see section 32. “Foreign Children’s Adoption List” , for part 7, division 2, see section 32. “General Children’s Adoption List” , for part 7, division 2, see section 32. “non-resident child” means a child resident in a country outside the Commonwealth and the Territories of the Commonwealth. “previous adoptive parent” means a person in whose favour an adoption order in relation to a non-resident child has been made.’. ENDNOTES 1. Made by the Governor in Council on 27 June 2002. 2. Notiﬁed in the gazette on 28 June 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Families. © State of Queensland 2002