Adoption Variation Regulations 2005 (SA)

South Australia

Adoption Variation Regulations 2005

under the Adoption Act 1988

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Adoption Regulations 2004

1. Variation of regulation 3—Interpretation

2. Variation of regulation 8—Minimum requirements for applicants for registration

3. Variation of regulation 9—Assessment report

4. Variation of regulation 10—Registration

5. Variation of regulation 13—Duration and renewal of registration

6. Variation of regulation 14—Cancellation of registration

7. Variation of regulation 19—Order in which registered persons selected to be applicants for adoption orders

Part 1—Preliminary

1—Short title

These regulations may be cited as the Adoption Variation Regulations 2005.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Adoption Regulations 2004

4—Variation of regulation 3—Interpretation

Regulation 3, definition of child with special needs—after "has" insert:

, or is likely to have,

5—Variation of regulation 8—Minimum requirements for applicants for registration

1. Regulation 8(1)(a)—delete paragraph (a)

2. Regulation 8(1)(b)—delete "or" and substitute:

   and

3. Regulation 8(1)(c)—delete "and has been so resident for at least the last 3 years"

6—Variation of regulation 9—Assessment report

1. Regulation 9—after subregulation (1) insert:

   (1a)However, an assessment report need not be prepared if—

   (a)the applicant is not resident in this State while the assessment is being carried out; or

   (b)in the opinion of the Chief Executive, the assessment cannot be completed due to—

   (i)the inability to adequately assess the applicant in his or her usual home environment; or

   (ii)the failure of the applicant to participate in workshops, seminars or interviews or to cooperate in the assessment process.

2. Regulation 9(3)(b)—after "provide" insert:

   , throughout the child's childhood,

3. Regulation 9(3)(p)—after "such a child" insert:

   throughout the child's childhood and, if it is likely to be necessary because of the child's special needs, into adulthood

7—Variation of regulation 10—Registration

Regulation 10—after subregulation (2) insert:

(2a)If an assessment report has not been prepared in relation to an application for the reasons set out in regulation 9(1a), the application may be rejected.

8—Variation of regulation 13—Duration and renewal of registration

1. Regulation 13—after subregulation (5) insert:

   (5a)However, an assessment report need not be reviewed if—

   (a)the applicant is not resident in this State while the review is being carried out; or

   (b)in the opinion of the Chief Executive, the review cannot be completed due to—

   (i)the inability to adequately review the assessment of the applicant in his or her usual home environment; or

   (ii)the failure of the applicant to participate in workshops, seminars or interviews or to cooperate in the review process.

   (5b)If an assessment report has not been reviewed for the reasons set out in subregulation (5a), the application for renewal of registration may be rejected.

2. Regulation 13(6)—delete "However, the" and substitute:

   The

9—Variation of regulation 14—Cancellation of registration

Regulation 14(2)(a) and (b)—delete paragraphs (a) and (b) and substitute:

(a)the person ceases to be domiciled in this State; or

10—Variation of regulation 19—Order in which registered persons selected to be applicants for adoption orders

1. Regulation 19(3)(a) and (b)—delete paragraphs (a) and (b) and substitute:

   (a)is not resident and domiciled in this State; or

2. Regulation 19(3)(e)—delete "2 years" and substitute:

   12 months

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 25 August 2005

No 186 of 2005

MFC/CS/05/0017