Adoption of Children Rules (ACT)
Rules under the Adoption of Children Ordinance 1938
and the Court of Petty Sessions Ordinance 1930-1937.
T ROBERT GORDON MEJSTZIES, the Attorney-General of the A, Commonwealth, in pursuance of the_(powers conferred upon me by the Adoption of Children Ordinance 1938 and the Court of Petty Sessions Ordinance 1930-1937, hereby make the following Rules under the said Ordinances.
Dated this tenth day of March, 193S.
ROBERT G. M E R L E S
Attorney-General.
| Short title. | 1. These Rules may he cited as the Adoption of Children Rules. | ||
| Definition. |
|
1938,
and any reference to a form shall be read as a reference to a form in
the First Schedule to these Rules.
3. An application for an adoption order under the Ordinance shall Application,
be instituted by filing in the Court a notice in accordance with Form 1. h"w m'"le'
thereof a statement of the persons (if any) intended to be served there- served?t0 h° 4. There shall be made at the foot of the notice and of every copy statement of with. If no person is intended to be served, a statement to that effect
6hall be made at the foot of such notice and of every copy thereof.
shall be given to any person who, under these Rules, is entitled to notice ai'Pllclltl0n- 5. Twelve days' notice of any application for an adoption order Notice of thereof.
6. The notice of any application shall be served upon the following service of
persons, unless in any case the Court dispenses with such service:— notice. ( i) The parents or parent or testamentary or other legally- constituted guardians or guardian (if any) of the infant, the subject of the application;
( i i) the person having the actual custody of the infant ;
( i i i) every person liable to contribute to the support of the
infant, •
and such persons shall be the respondents to the application.
7. Applications shall be heard upon evidence on affidavit, but the Application to
Court may, uj>on the hearing of any application, or upon the previous ftm,jnvu.°n application of any of "the parties thereto made upon two clear days' notice to the other parties, direct that the application shall be heard upon oral evidence, or part ly upon oral evidence and part ly upon evidence on affidavit, and may make all orders necessary for the carry- ing out of such direction.
8. The evidence in support of any application for an adoption order Evidence in
6hall include— application. (1) evidence of—
(a) the date and place of birth and the sex of the infant and the name and address of the person in whose care and custody he i s ;
(b) the names, occupation, addresses and religion ofhis parents ; and
(c) the names, ages, occupations, address and religion
of the adopting parents ; and
(2) Evidence of independent persons unrelated to the adopting
parent showing—
(a ) the fitness of the adopting parent to have the
custody of the infant;
(b) his ability to bring up, maintain and educate the
infant ; and
(c) the reasons why, in the opinion of the witness, the welfare and interest of the infant will be promoted by the adoption.
9. Any consent required to be given by the Ordinance or these consents.
Rules shall be signed in the presence of and shall be attested and
verified on affidavit by a Justice of the Peace, Commissioner for Affidavits, Commissioner for Declarations, barrister, solicitor, duly registered medical practitioner, minister of religion authorized to celebrate marriages, or Clerk of the Court of Pet ty Sessions, to whom the consenting person is personally known, and the affidavit shall state that the consent was previously read over and explained to and in the belief of the deponent understood by the consenting person. A consent by a husband or a wife to the other's application shall be given by filing in the Court a consent in accordance with Porm 2. 10. An adoption order shall be in accordance with Porm 3 and upon order for the making of the order the Magistrate shall sign the order with such adaption, amendments (if any) as he shall think necessary and the order so signed shall constitute the order.of the Court upon the application. 11. An interim order shall be in accordance with Form 4. interim order. 12. The Clerk of the Court of Pet ty Sessions shall keep a Register to iugistrntion.
be called the " Register of Adoption Orders " in which he shall enter in respect of each adoption order a Memorandum of Registration of Adoption Order in accordance with Form 5. Any person may obtain a copy of any such Memorandum on payment of the sum of One shilling.
| Forms . | 13. The Forms in the First Schedule to these Eules shall be adhered to, subject only to such variations as may be necessary to meet the" circumstances of the case or the directions of the Court. |
| Powers of | 14. The Court shall have power to enlarge or abridge the time for doing any act or taking any step, to adjourn or review any proceeding aud to give any direction as to the course of proceeding. Time may be enlarged, notwithstanding that it has already expired. |
| Court . |
court of 15. Subject to these Eules, the Court of Petty Sessions Ordinance ordinnn'e'aDd 1930-1937 or that Ordinance as amended from time to time and the Euics to apply. r u i e s j n force for the time being thereunder shall, so far as the same
are applicable, apply to proceedings under the Ordinance and these Eules as if any application were a complaint and the respondents were defendants and the notices served on them in pursuance of Eule 6 of these Eules were summonses.
Applications 16. Any application under the Ordinance or these Eules may, except without notice, where otherwise provided, be made upon motion without notice unless
the Court otherwise orders.
| solicitors' costs. | 17. The scale of solicitors' costs in any proceedings in which a solicitor or counsel is employed shall be as specified in the Second Schedule to these Eules. |
T H E F I E S T S C H E D U L E .
FORM 1. Rule 3.
Adoption of Children Ordinance 1938.
NOTICE OF APPLICATION' FOE AN ADOPTION ORDER.
In the Court of Petty Sessions a t Canberra in the Territory for the Seat of
Government.
In the matter of [insert name of infant proposed to be adopted] and in the
matter of the Adoption of Children Ordinance 1938.
TAKE NOTICE tha t an application for an adoption order will be made on
the day of , 19 at 10 o'clock
in the forenoon, before the said Court on behalf of
the applicant referred to in the Schedule hereto, for an adoption order in respect
of , the infant referred to in the said Schedule, in favour
of the said applicant, and for such further or other order in the premises as tothe Court may seem meet.
• T H E SCHEDULE.
Particulars of Infant. Particulars of Applicant. Adopting father's—
(a) Surname (1) Surname (6) Christian name or names (2) Christian name or names
(c) Sex (3) Occupation
(d) Date of Birth (4) Address (e) Place of birth Adopting mother's— (/) Father's surname (5) Surname (g) Father's Christian name or names (6) Christian same or names (h) Mother's maiden surname (7) Occupation (j) Mother's Christian name or names (8) Address
Dated this day of , 19 .
(Signature of applicant or his solicitor.)
NOTE.—It is intended to serve this notice upon -,
of [or, it is not intended to serve this notice upon any person).
FOBM 2. _ Rule 9. Adoption of Children Ordinance 1938.
CONSENT BY HUSBAND OR W I F E TO THE OTHER'S APPLICATION.
In the Court of Petty Sessions a t Canberra in the Territory for the Seat of
Government.
In the matter of [insert name of infant proposed to be adopted} and in the
matter of the Adoption of Children Ordinance 1938.
I [insert name of consenting party], of [insert address], the husband (or the wife) of the applicant mentioned in the Schedule hereto, hereby consent to an adoption order in respect of the infant mentioned in the said Schedule being made in favour of the said applicant.
_ T H E SCHEDULE.
(Cop}' of Schedule from Form o* Notice of Application for an Adoption Order.)
Dated this day of ' , li) .
(Signature of consenting pa r ty ) .
Witness—
(Signature of Witness) .
NOTE.—The above-mentioned signature of the consenting party must be attested and verified in accordance with Rule 9.
F O R I : 3. Rule 10.
Adoption of Children Ordinance 1938.
ADOPTION ORDER.
In the Court of Petty Sessions a t Canberra in the Territory for the Seat of
Government.
In the matter of [insert name of infant proposed to he adopted] and in the
matter of the Adoption of Children Ordinance 1938.
UroN application made to the said Court this day on behalf of
the applicant referred to in the Schedule hereto: Upon reading the
Notice of Application for an Adoption Order herein, dated the
day of , 19 , the affidavits included in the list following the Schedule hereto: And upon hearing what was alleged by Mr. * , on behalf of the said applicant (or as the case may be) : THIS COURT DOTH AUTHORIZE the said applicant to adopt , the infant referred to in the said Schedule and THIS COURT DOTH ORDER tha t the said infant be adopted by the said applicant, and be henceforth deemed to be an adopted child of the applicant within the meaning of the above-mentioned Ordinance.
SCHEDULE.
Particulars of Adopted Child. Particulars of Applicant. . Adopting father's—
(a) Surname prior to adoption (1) Surname (b) Christian name or names (2) Christian name or names (c) Sex (3) Occupation (d) Date of Birth (4) Address (e) Place of birth Adopting mother's— (/) Father's surname (5) Surname (g) Father's Christian name or names (6) Christian name or names {h) Mother's maiden surname (7) Occupation (j) Mother's Christian name or names (8) Address
List of Affidavits.
Affidavit of , sworn , 19 . Affidavit of , sworn , 19 .
Dated this day of , 19 .
Magistrate.
FORM 4. Rule 11. Adoption of Children Ordinance 193S.
INTERIM ORDER.
In the Court of Petty Sessions at Canberra in . the Territory for the Seat of
Government.
In the matter of [insert name of infant proposed to be adopted] and in the
matter of the Adoption of Children Ordinance 193S.
UPON application made by , of [occupation] resideut a t and domiciled in the Territory for the Seat of Government and not under the age of 25 years (or not less than 21 years older than the infant) hereinafter called the applicant, t h a t he is desirous of being authorized under the Adoption of Children Ordinance 1938,
to adopt an infant of the sex, aged
years, resident at . in the Territory for the Seat of Govern- ment, who has never been married, the child of (and his wife), and all the consents required by the Ordinance being obtained:
THIS COURT DOTH ORDER tha t the application is a proper application- to
grant and the following payment or reward is sanctioned, viz.:
and the determination of the application is postponed and this Court doth
order that the custody of the infant he given to the applicant for a period not
exceeding two years, viz., until the day of , 19 ,
by way of a probationary period, and tha t the applicant shall a t least two months
before that date apply for a determination of the application, and as regardscosts THIS COURT DOTH ORDER tha t
Dated this day of , 19 ,
Magistrate.
NOTE.—-Where the order is made in favour of two spouses jointly the form should be modified.
FOBJI 5. Rule 12.
Adoption of Children- Ordinance 1938.
MEMORANDUM OF REGISTRATION OF ADOPTION ORDER.
Number of 19 . Date of Adoption Order:—
The dav of 19
Particulars of Adopted Child. Particulars of Adopting Parents. Adopting father's—
(a) Surname prior to adoption (1) Surname (6) Christian name or name3 (2) Christian name or names (c) Sex (3) Occupation \d) Date of Birth (4) Address (e) Place of birth Adopting mother's— (/) Father's surname (5) Surname (g) Father's Christian name or names (6) Christian name or names (h) Mother's maiden surname (7) Occupation (j) Mother's Christian name or names (8) Address
Registered this day of , 19 . Clerk of the Court of Petty Sessions.
THE SECOND SCHEDULE.
SCALE OF SOLICITORS' COSTS.
£ s. d.
1. Preparing and filing any necessary affidavit 0 7 6
2. Preparing and filing consent . . . . 0 5 0 3. Attending other than applicant to serve notice or obtain
signature to consent or affidavit 0 12 6
4. Preparing and filing application under Rule 14 when application
made on notice 0 12 (i
5. Preparing and filing application under sub-section (3) of section 4 of the Ordinance or Rule (3 or Rule 7 when application
made on notice 0 3 0
6. Preparing and filing any other application when application
made on notice 0 12 6
7. Preparing case 1 0 0 8. Attending hearing of application for adoption order 0 15 0
For every hour or par t after one hour 0 5 0
9. Attending at hearing of any application other than for adoption
order (e.g., for extension of time, &e.) . . 0 5 0
0
0
0