In the adoption of LGL (No 2)

[2017] ACTSC 76

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

In the adoption of LGL (No 2)

Citation:

[2017] ACTSC 76

Hearing Date:

8 September 2016

Date of last submissions:

18 November 2016

DecisionDate:

9 March 2017

Before:

Mossop J

Decision:

Pursuant to s 39L of the Adoption Act 1993 (ACT) the adoption order made on 4 November 1981 in relation to GLDR (now known as LGL) is discharged.

The registrar draw up and enter the order and send a copy of the perfected order to the plaintiff at the address shown on the application.

Catchwords:

FAMILY LAW AND CHILD WELFARE – ADOPTION –Application for Discharge of an Adoption Order – Order made under the Adoption of Children Ordinance 1965 (ACT) – discharge of adoption order following amendments to Adoption Act 1993 (ACT) made by the Statute Law Amendment Act 2017 (ACT)

Legislation Cited:

Adoption Act 1993 (ACT)

Adoption of Children Act 1965 (ACT)

Adoption of Children Ordinance 1965 (ACT)

Statute Law Amendment Act 2017 (ACT)

Cases Cited:

In the adoption of LGL [2016] ACTSC 360

Parties:

LGL (Plaintiff)

Representation:

Solicitors

Self-represented (Plaintiff)

Australian Capital Territory Government Solicitor (amicus curiae)

File Number(s):

AD 3 of 2016

MOSSOP J:

1. In reasons given earlier in these proceedings I concluded that the circumstances were such that it would be appropriate, if there was a statutory power to do so, to discharge the adoption order relating to the plaintiff: see In the adoption of LGL [2016] ACTSC 360.

1. However I concluded that there was no power to discharge an adoption order which was made in the plaintiff’s case.  That was because the order in relation to the plaintiff had been made under the Adoption of Children Ordinance 1965 (ACT) (now referred to as the Adoption of Children Act 1965) rather than the current Adoption Act 1993 (ACT). Section 39L of the Adoption Act empowered discharging orders made under that Act but not the earlier Acts which it replaced. 

1. I therefore adjourned the application so that the difficulty which I had identified could be drawn to the attention of the Attorney-General.  While the plaintiff was unfortunate to be caught up in the legislative complication that I identified, he was fortunate to have that difficulty arise a jurisdiction where the executive and legislative branches of government were responsive enough to be able to remedy that problem in a timely fashion.

1. The Attorney-General and the legislature have acted promptly to remedy the difficulty identified in my earlier reasons.  The Statute Law Amendment Act 2017 amends the Adoption Act by inserting in s 39L(10) of the Adoption Act an extended definition of “adoption order” so that it also includes adoption orders made under one of the various repealed laws. Section 39L is the statutory provision empowering the discharge of adoption orders. It is set out, in its pre-amendment form, in my earlier reasons at [6]. The effect of the insertion of a section-specific definition of “adoption order” is to exclude the general definition contained in the Dictionary to the Act. As a consequence of the amendment made it is now clear that an order under s 39L can involve discharging an order made under the adoption law in place at the time of the adoption of the plaintiff.

1. The amendments made by the Statute Law Amendment Act have come into effect today. I am therefore empowered to discharge the adoption order. For the reasons I gave at [9]-[18] of my earlier reasons I am satisfied that an order under s 39L is appropriate.

1. I therefore make the following order: Pursuant to s 39L of the Adoption Act 1993 (ACT) the adoption order made on 4 November 1981 in relation to GLDR (now known as LGL) is discharged.

1. I direct the registrar to draw up and enter the order and send a copy of the perfected order to the plaintiff at the address shown on the application.

I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Justice Mossop.

Associate:

Date: 6 April 2017