Notice of a State Central Authority Accrediting a Body to Provide Intercountry Adoption Services

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Family Law (Hague Convention on Intercountry Adoption) Regulations 1998

Notice of a State Central Authority Accrediting a Body to Provide Intercountry Adoption Services

In accordance with subregulation 12(5) of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth), on behalf of the Commonwealth Central Authority I publish the NSW Children’s Guardian’s notice of accreditation of Australian Families for Children Incorporated as an intercountry adoption service provider. The following notice was published in the NSW Government Gazette No 70 of 22 August 2014.

KELLY WILLIAMS

On behalf of the Commonwealth Central Authority

Commonwealth Attorney-General’s Department

 

ADOPTION ACT 2000 (NSW)

Notice of Accreditation to Provide Intercountry Adoption Services

Australian Families for Children Incorporated

ABN: 71 028 272 001

IN accordance with the functions delegated to me, I accredit Australian Families for Children Incorporated as an intercountry adoption service provider for a period of three years commencing on the date of this Notice.

I authorise Ms Sheri SHENKER, Principal Officer of Australian Families for Children Incorporated at Suite 2, 79 Oxford Street, Bondi Junction NSW to undertake intercountry adoption services set out in this Notice, until 22 August 2017.

In addition to the general conditions of accreditation in Schedule 1 of the Adoption Regulations 2003 (NSW) I have imposed the following conditions on the agency’s accreditation:

Condition 1

This agency may provide the following intercountry adoption services:

  • Receive expressions of interest in adopting a non-citizen child
  • Provide training to prospective adoptive parents
  • Undertake assessments of the suitability of persons to adopt a non-citizen child
  • Approve persons to adopt a non-citizen child
  • Post-placement casework support
  • Provision of adoption information

Condition 2

This agency may provide intercountry adoption services in NSW in respect of countries with which the Australian Central Authority has established programs or bilateral arrangements, as set out on the Country Program page of the Commonwealth Attorney-General Department’s website, located at: http://www.ag.gov.au/FamiliesAndMarriage/ IntercountryAdoption/CountryPrograms/Pages/default.aspx

Condition 3

This agency must not participate in negotiations for entering into, or enter into, agreements with a foreign country to establish arrangements to facilitate adoption of children from that country.

Condition 4

This agency must seek authorisation by the Australian Central Authority and the competent authority in the overseas country, before it can act in the overseas country. This condition applies to each country program that this agency intends to provide.

Condition 5

This agency must not operate as an accredited intercountry adoption service provider while ever it shares a premises with any association of adoptive parents or any organisation that has among its objects the object of soliciting aid for, or providing aid to, persons or organisations in a foreign country.

Condition 6

This agency must not commence operating as an accredited intercountry adoption service provider until the nominated principal officer as set out in the agency’s application for accreditation is appointed.

Condition 7

If the appointment of the nominated principal officer does not proceed, this agency must advise the Children’s Guardian of the agency’s alternative principal officer.

Condition 8

This agency must:

(a)    register online with the new Working with Children Check (WWCC) and

(b)    verify online the WWCC clearance, or in the absence of a clearance, an application for each staff member in child-related work or in a child-related role, each prospective adoptive parent and each adult household member residing with a prospective adoptive parent before commencing employment.

Condition 9

This agency must notify the Children’s Guardian when it commences operations as an accredited intercountry adoption service provider.

Condition 10

This agency must provide direct evidence of practice in accordance with a Program to meet Accreditation Criteria – Direct Evidence as issued by the Children’s Guardian.

Condition 11

This agency must provide an annual report to the Children’s Guardian regarding the activities and operations of its intercountry adoption program.

Condition 12

This agency must comply with the requirements of the Commonwealth-State Agreement for the Continued Operation of Australia’s Intercountry Adoption Program located at: http://www.ag.gov.au/FamiliesAndMarriage/ IntercountryAdoption/Documents/Program.pdf

Condition 13

This agency must comply with all reasonable requests and directions issued by the NSW Central Authority and the Australian Central Authority.

Giving false or misleading information to the Children’s Guardian is a serious offence.

The Children’s Guardian may suspend, shorten or cancel the agency’s accreditation if it fails to comply with any of these conditions.

The Children’s Guardian may publish details of failure to comply with conditions of accreditation in the Children’s Guardian’s Annual Report to Parliament.

A decision of the Children’s Guardian to impose, not impose, vary or revoke a condition of accreditation is reviewable by the NSW Civil and Administrative Tribunal (NCAT), under section 193 of the Adoption Act 2000. Further information about NCAT and internal reviews may be obtained from NCAT (tel.: 1300 006 228).

The Children’s Guardian has provided a copy of this Notice to the NSW Department of Family and Community Services, the NSW Ombudsman and the Commonwealth AttorneyGeneral’s Department.

This notice is published in accordance with section 15 of the Adoption Act 2000.

Date of notice: 22 August 2014

KERRYN BOLAND
Children’s Guardian
Office of the Children’s Guardian

Overview

The Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) were enacted to address the need for a comprehensive regulatory framework governing the intercountry adoption process in Australia. This Act, introduced by the Commonwealth Parliament, aims to ensure that intercountry adoptions are conducted in a manner that is consistent with the principles of the Hague Convention on Intercountry Adoption, which aims to protect the best interests of the child and to ensure that intercountry adoptions are carried out in a responsible and ethical manner. The policy objective of the Regulations is to provide a standardised approach to the accreditation of intercountry adoption service providers, ensuring that they meet certain criteria and conditions to safeguard the welfare of children involved in intercountry adoptions. The Adoption Act 2000 (NSW) serves to further regulate intercountry adoptions within New South Wales by setting out the conditions for accrediting bodies to provide intercountry adoption services. The NSW Children’s Guardian, acting under the authority of this Act, has the responsibility to accredit these bodies and to monitor their compliance with specific conditions designed to uphold the highest standards of care and ethics in intercountry adoptions. The Act aims to ensure that all intercountry adoptions are conducted in a way that prioritises the best interests of the children involved, and that the adoption process is transparent, accountable, and in line with international standards.

Scope and Application

The Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, along with the Adoption Act 2000, apply to entities providing intercountry adoption services within New South Wales. Specifically, the regulations outline the process for accrediting bodies to provide such services, while the Act governs the conditions under which these services can be provided. The notice in question accredits Australian Families for Children Incorporated as an intercountry adoption service provider, allowing them to provide services in NSW for a period of three years, subject to various conditions. These conditions include the provision of specific services such as receiving expressions of interest, providing training and assessments, and offering post-placement support. The services are limited to countries with which the Australian Central Authority has established programs or bilateral arrangements, as detailed on the Commonwealth Attorney-General's Department website. Additionally, the accredited entity must comply with a number of requirements, including registering with the Working with Children Check, verifying clearances for staff and prospective adoptive parents, and submitting an annual report to the Children’s Guardian. Failure to comply with these conditions may result in the suspension, shortening, or cancellation of accreditation, with decisions reviewable by the NSW Civil and Administrative Tribunal.

Key Provisions

The Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) and the Adoption Act 2000 (NSW) outline the legal framework for accrediting intercountry adoption service providers. Specifically, the notice issued by the NSW Children’s Guardian accredits Australian Families for Children Incorporated as an intercountry adoption service provider (section 12(5) of the Family Law Regulations). The accreditation allows this agency to provide certain services such as receiving expressions of interest, providing training, and assessing prospective adoptive parents, but only within the scope and conditions set out in the notice (section 12(5) of the Family Law Regulations). The obligations imposed on the agency include adhering to the specific conditions outlined in the notice, such as providing training to prospective adoptive parents and ensuring all staff members and relevant individuals undergo the Working with Children Check (WWCC) verification process (Condition 8 and 10 of the notice). The agency must also comply with the Commonwealth-State Agreement for the Continued Operation of Australia’s Intercountry Adoption Program and submit an annual report to the Children’s Guardian (Condition 12 and 11 of the notice). Furthermore, the agency must not engage in certain activities, such as negotiating agreements with foreign countries or operating from premises shared with certain associations (Condition 3 and 5 of the notice). Failure to comply with the conditions of accreditation can result in serious consequences. The Children’s Guardian has the authority to suspend, shorten, or cancel the agency’s accreditation if it fails to adhere to the imposed conditions (section 15 of the Adoption Act 2000). Additionally, the Children’s Guardian may publish details of any non-compliance in their Annual Report to Parliament. Providing false or misleading information to the Children’s Guardian is a serious offence and may lead to further legal consequences. Decisions regarding the accreditation conditions can be reviewed by the NSW Civil and Administrative Tribunal (NCAT) under section 193 of the Adoption Act 2000.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.