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 19—Order in which registered persons selected to be applicants for adoption orders

3. Variation of regulation 23—Fees

4. Substitution of Schedule 1

   Schedule 1—Fees

Part 1—Preliminary

1—Short title

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

2—Commencement

These regulations will come into operation on 1 April 2005.

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—after definition of child with special needs insert:

overseas subregister means the subregister of the register relating to children who are resident in a country outside Australia;

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

Regulation 19—after regulation 19(3) insert:

(3a)In the case of selection of applicants for an adoption order from the overseas subregister—

(a)subregulation (1) applies to the selection of persons about whom information will be provided to relevant authorities of overseas countries; and

(b)subregulations (2) and (3) apply if a relevant authority of an overseas country proposes that the applicants adopt a particular child.

6—Variation of regulation 23—Fees

Regulation 23(1)—after "payable" insert:

to the Chief Executive

7—Substitution of Schedule 1

Schedule 1—delete the Schedule and substitute:

Schedule 1—Fees

Part 1—Fees in respect of adoption through Prospective Adoptive Parents Register other than overseas subregister
1			Expression of interest under regulation 7(1)—
(a)    standard fee	$379
(b)    reduced fee	$244
2			Application for registration as a prospective adoptive parent—
(a)    standard fee	$500
(b)    reduced fee	$275
3			Preparation of an assessment report by the Chief Executive under regulation 9—
(a)    standard fee	$500
(b)    reduced fee	$250
4			On selection of an applicant for an adoption order under regulation 19	$250
Part 2—Fees in respect of adoption through overseas subregister
5			Expression of interest under regulation 7(1)—
(a)    standard fee	$600
(b)    reduced fee	$450
6			Application for registration as a prospective adoptive parent and preparation of an assessment report by the Chief Executive under regulation 9—
(a)    standard fee	$3 000
(b)    reduced fee	$2 500
(The fee includes participation in certain workshops and seminars.)
7			On preparation of file for lodging with relevant authority of overseas country	$2 000
8			On selection of an applicant for an adoption order for a particular child under regulation 19—
(a)    for first child to be placed for adoption	$2 600
(b)    for second or subsequent child to be placed for adoption	$2 500
Part 3—Other fees
9			On lodgement of an application for transfer of registration under regulation 11	$206
10			On lodgement of an application for conversion of registration under regulation 12	$328
11			For preparation of an assessment report by the Chief Executive following an application for conversion of registration under regulation 12	$328
12			For all functions associated with consent to adoption and, where necessary, the preparation of a report under section 22(1) of the Act prior to an application to the Court for an order for adoption of a child by a person other than a person selected as an applicant for an adoption order from the register—
(a)    if the application for an adoption order is to relate to only 1 child	$269
(b)    if the application for an adoption order is to relate to more than 1 child	$269 for the first child and $71.50 for each additional child named in the application
13			For obtaining information under section 27 or 27A of the Act	$50
The reduced fee is payable if the person has previously been the subject of an assessment report under regulation 9 or a report, prepared by an agency outside this State, that, in the opinion of the Chief Executive, corresponds to an assessment report under regulation 9.

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's Deputy

with the advice and consent of the Executive Council

on 31 March 2005

No 17 of 2005

DFC CS/05/004