Australian Capital Territory Current Acts

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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 29F

Notification about application

    (1)     Subject to subsection (2), the ACAT—

        (a)     must take reasonable steps to notify the following people about the application:

              (i)     each parent or person with parental responsibility for the young person;

              (ii)     the public advocate; and

        (b)     must not notify a parent, or a person with parental responsibility for the young person, about the application if doing so could reasonably be expected to adversely affect the young person.

    (2)     If a young person makes a submission under section 29E (4) (b) about a parent or a person with parental responsibility for the young person being notified about the application—

        (a)     the ACAT must, after considering the submission, decide if giving notice under subsection (1) (a) (i) could reasonably be expected to adversely affect the young person; and

        (b)     if the ACAT decides that the young person could not reasonably be expected to be adversely affected by the notification, the ACAT must give the young person a written notice stating—

              (i)     the reasons for its decision; and

              (ii)     that the young person may, in writing, withdraw their application before the end of a stated period of at least 14 days after the day the notice is given to the young person; and

              (iii)     that, if the application is not withdrawn before the end of the stated period, the ACAT will notify each parent or person with parental responsibility for the young person in accordance with subsection (1).

    (3)     For this section, a young person is not adversely affected by an application if the only reason they are affected is that a parent, or a person with parental responsibility, disagrees with the application and that disagreement causes the young person discomfort.

    (4)     For notification under subsection (1) (a), the ACAT—

        (a)     may give each parent or person with parental responsibility for the young person any of the following:

              (i)     an extract of information taken from the application;

              (ii)     a copy of the application;

              (iii)     documents or evidence attached to the application (in full or in part); and

        (b)     must give the public advocate the following:

              (i)     a copy of the application;

              (ii)     documents or evidence attached to the application (in full).

Note     For other material that the public advocate must be given—see s 29G  (4).



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