Australian Capital Territory Numbered Acts

ADOPTION AMENDMENT ACT 2009 (NO 2) (NO. 36 OF 2009) - SECT 17

substitute

36     Guardianship before adoption

    (1)     The chief executive is the guardian of a child or young person for all purposes except section 26 (Consents of parents and guardians) if—

        (a)     each person required to consent to the adoption of the child or young person under section 26 has consented; or

        (b)     the requirement for consent has been dispensed with under section 35 (Dispensing with consent).

    (2)     However, subsection (1) does not apply in relation to a child or young person if—

        (a)     the application for adoption is made by a step-parent under section 15 (Adoption by step-parent) and a parent of the child or young person has a continuing role as a parent; or

        (b)     the principal officer of a private adoption agency is the guardian of the child or young person for all purposes except section 26 (Consents of parents and guardians) because of subsection (3); or

        (c)     a declaration under section 38 that the child or young person is under the guardianship of an authority in a State or another Territory is in force; or

        (d)     the chief executive has long-term care responsibility for the child or young person under the Children and Young People Act 2008 .

    (3)     The principal officer of a private adoption agency is the guardian of a child or young person for all purposes except section 26 (Consents of parents and guardians) if—

        (a)     each person whose consent to the adoption is required has consented and has, in writing, authorised the private adoption agency to make arrangements with a view to the adoption; and

        (b)     the principal officer of the private adoption agency has told the chief executive in writing that he or she is willing to assume the guardianship of the child or young person.

    (4)     A guardianship under subsection (1) or (3) continues until—

        (a)     an adoption order is made; or

        (b)     any consent given is revoked; or

        (c)     the court makes an order relating to the guardianship of the child or young person.

37     Guardianship of non-citizen child or young person

    (1)     This section applies in relation to a non-citizen child or young person—

        (a)     brought from a place outside Australia for adoption in the ACT; or

        (b)     adopted outside Australia if the adoption is not recognised under this Act, part 4A.

    (2)     The chief executive is the guardian of the child or young person while the child or young person is ordinarily resident in the ACT until—

        (a)     the child or young person turns 18 years old; or

        (b)     an adoption order is made; or

        (c)     the court makes an order relating to the guardianship of the child or young person; or

        (d)     the child or young person leaves Australia with the intention of remaining outside Australia permanently.

Note     The Minister for Immigration of the Commonwealth is the guardian of a child arriving in Australia and subject to the Immigration (Guardianship of Children) Act 1946 (Cwlth) until an adoption order is made. The responsibility for guardianship is delegated to the chief executive under s 5 of the Immigration (Guardianship of Children) Act 1946 (Cwlth).