Untitled document

Adoption Amendment Act 2015

No. 32 of 2015

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5Discharge of adoption orders

6Declarations of validity of foreign adoptions

7Contact statements by adult adopted persons

8Natural parent's right to information about adult adopted person

9Contact contrary to current contact statement prohibited

10New section 132 inserted

11Repeal of amending Act

═══════════════

Endnotes

1      General information

Adoption Amendment Act 2015

No. 32 of 2015

[Assented to 25 August 2015]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Adoption Act 1984—

(a)by repealing Division 1A of Part VI and section 96(2) of that Act which relate to contact statements made by adult adopted persons; and

(b)by repealing section 127A of that Act so that it is no longer an offence for a natural parent of an adopted person intentionally to contact the adopted person against the wishes of the adopted person as specified in a current contact statement.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

In this Act, the Adoption Act 1984 is called the Principal Act.

4Definitions

(1)In section 4(1) of the Principal Act—

(a)the definition of contact statement is repealed;

(b)the definition of current contact statement is repealed;

(c)in the definition of Secretary, after "Department of" insert "Health and".

(2)In sections 5(2)(a), 84(2) and 102 of the Principal Act, after "Department of" insert "Health and".

5Discharge of adoption orders

In section 19(4) of the Principal Act, after "Justice" insert "and Regulation".

6Declarations of validity of foreign adoptions

In section 69(3)(a) of the Principal Act, for "Secretary of the Department of Justice" substitute "Secretary to the Department of Justice and Regulation".

7Contact statements by adult adopted persons

Division 1A of Part VI of the Principal Act is repealed.

8Natural parent's right to information about adult adopted person

Section 96(2) of the Principal Act is repealed.

9Contact contrary to current contact statement prohibited

Section 127A of the Principal Act is repealed.

10New section 132 inserted

After section 131 of the Principal Act insert—

"132   Transitionals—Adoption Amendment Act 2015

(1)In this section—

commencement day means the day on which the Adoption Amendment Act 2015 comes into operation;

contact statement has the same meaning as it had in section 4(1) as in force immediately before the commencement day;

relevant authority has the same meaning as in section 82.

(2)On and after the commencement day, a contact statement that is in force immediately before that day, is taken to be in force for the period that it would have continued to be in force had section 90B(1) not been repealed.

(3)A contact statement that is taken to be in force on and after the commencement day ceases to have effect if—

(a)the adopted person who made the contact statement revokes that contact statement by notice in writing given to the Secretary; or

(b)the adopted person dies.

(4)On and after the commencement day, a relevant authority must not give an applicant referred to in section 96(1) any information referred to in paragraph (b) of that subsection if the adopted person has specified the applicant in a contact statement that is in force, unless the relevant authority has disclosed the adopted person's wishes stated in the contact statement about contact with the applicant.

(5)Proceedings for an offence against section 127A, which was repealed by the Adoption Amendment Act 2015, must not be commenced on or after the commencement day, irrespective of when the offence to which the proceeding relates is alleged to have been committed.".

11Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 10 June 2015

Legislative Council: 25 June 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Adoption Act 1984 by repealing provisions relating to contact statements and for other purposes."