Notice of designation of a State Central Authority for State of Queensland (No. 1) 2025

Overview

The Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 were enacted to facilitate the implementation of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption within Australia. This legislation aimed to fill a gap in the regulation of intercountry adoptions, ensuring that Australian adoptions align with international standards designed to protect children's rights and welfare. The policy objective of these regulations is to provide a structured and legal framework for the adoption of children across borders, ensuring that the interests of the child remain paramount. Enacted by the Commonwealth Parliament, the regulations designate specific State Central Authorities, such as the Director-General of the Department of Families, Seniors, Disability Services and Child Safety for Queensland, to oversee and manage intercountry adoption processes in accordance with the Convention. This ensures that all intercountry adoptions comply with agreed international standards, protecting the rights and welfare of children involved in such adoptions.

Scope and Application

The Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, as amended by the Notice of designation of a State Central Authority for State of Queensland (No. 1) 2025, specify the designation of the State Central Authority for Queensland to handle intercountry adoption matters in accordance with the Hague Convention on Intercountry Adoption. This designation applies to the person holding the office of the Director-General within the Department of Families, Seniors, Disability Services and Child Safety, who is responsible for managing functions under relevant sections of the Public Sector Act 2022. The designation is intended to ensure compliance with the Hague Convention and other related legislation, including the Family Law Act 1975 and the Commonwealth-State Agreement for the Continued Operation of Australia’s Intercountry Adoption Program. The geographic reach of this Act applies specifically to the state of Queensland, with the designated State Central Authority operating out of offices located at Level 11, 127 Creek Street, Brisbane, and correspondence addressed to Locked Bag 3405, Brisbane, Queensland. The functions of the State Central Authority are extensive, encompassing all duties outlined under the Family Law Act, the Hague Convention regulations, and the Commonwealth-State Agreement, ensuring a cohesive approach to intercountry adoption processes.

Key Provisions

The Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) establish the framework for intercountry adoption in Australia, and the Notice of designation of a State Central Authority for the State of Queensland (No. 1) 2025 clarifies the specific State Central Authority responsible for Queensland (subreg. 10(4)). According to the notice, the person currently holding the office of the Director-General of the Department of Families, Seniors, Disability Services and Child Safety is designated as the State Central Authority for Queensland, with their address being Level 11, 127 Creek Street, Brisbane, QLD 4000, and postal address Locked Bag 3405, Brisbane Queensland, 4001, Australia. This designation takes effect following the changes under the Administrative Arrangements Order (No. 2) 2024, which were made to streamline the public service. The State Central Authority for Queensland will perform all the functions under the Family Law Act 1975, the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, the Commonwealth-State Agreement for the Continued Operation of Australia’s Intercountry Adoption Program and the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption. The obligations of the State Central Authority for Queensland include ensuring compliance with the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption, facilitating intercountry adoptions that meet the requirements of the Hague Convention, and ensuring that all adoptions are conducted in the best interests of the child. This includes verifying the eligibility of prospective adoptive parents, ensuring that the child’s welfare is protected throughout the adoption process, and maintaining records of all intercountry adoptions that occur within the state. The State Central Authority must also liaise with the Commonwealth Central Authority and other State Central Authorities to ensure a coordinated and consistent approach to intercountry adoption across Australia. Failure to comply with the provisions of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) can result in civil or criminal penalties. Specifically, under section 128 of the Family Law Act 1975, any person who contravenes a provision of the Act or the Regulations may be guilty of an offence and subject to a fine of up to 60 penalty units (currently AUD 12,600) or imprisonment for up to two years, or both. Additionally, under section 134 of the Family Law Act 1975, a person who makes a false or misleading statement in any application or other document required by the Act or the Regulations may be guilty of an offence and subject to a fine of up to 120 penalty units (currently AUD 25,200) or imprisonment for up to five years, or both. The State Central Authority for Queensland must therefore ensure that all intercountry adoptions are conducted in accordance with the Act and the Regulations to avoid any potential penalties or legal consequences.