Adoption Variation Regulations 2008 (SA)

Case

South Australia

Adoption Variation Regulations 2008

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 6—Prospective Adoptive Parents Register

  2. 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 2008.

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 6—Prospective Adoptive Parents Register

  1. Regulation 6(4)—delete "persons lodged expressions of interest under regulation 7" and substitute:

    persons' applications for registration on the subregister were approved by the Chief Executive under regulation 10

  2. Regulation 6(5)—delete subregulation (5) and substitute:

    (5)If—

    (a)a person is registered on a particular subregister; and

    (b)while so registered, the person's application for registration on another subregister is approved by the Chief Executive under regulation 10,

    the latter registration will be taken to have occurred at the same time as that of the former.

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

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

(a)subject to any requirements of the overseas country, the order of selection will be as follows:

(i)the Chief Executive will invite those persons on the subregister, in the order in which the persons' names appear in the subregister, to submit documentation for forwarding to the relevant authority of an overseas country; and

(ii)the documentation will be forwarded to the overseas country in the order in which the completed documentation has been received by the Chief Executive; and

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

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 14 February 2008

No 14 of 2008

DFCCS/07/071

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