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This is a Bill, not an Act. For current law, see the Acts databases.


ADOPTION AMENDMENT BILL 2006





                        New South Wales




Adoption Amendment Bill 2006


Contents

                                                                        Page
          1    Name of Act                                                2
          2    Commencement                                               2
          3    Amendment of Adoption Act 2000 No 75                       2
          4    Consequential amendment of Law Enforcement (Powers
               and Responsibilities) Act 2002 No 103                      2
           5   Repeal of Act                                              2
  Schedule 1   Principal amendments to Adoption Act 2000                  3
  Schedule 2   Amendments to Adoption Act 2000 in relation to changes
               in terminology                                             8
  Schedule 3   Consequential amendment of Law Enforcement (Powers
               and Responsibilities) Act 2002                            15
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.


                                                 Clerk of the Legislative Assembly.
                                                 Legislative Assembly,
                                                 Sydney,                     , 2006




                              New South Wales




Adoption Amendment Bill 2006
Act No      , 2006




An Act to amend the Adoption Act 2000 in relation to the adoption of adults, the
adoption of Aboriginal and Torres Strait Islander children and certain other matters;
and for other purposes.




I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.


                           Chairman of Committees of the Legislative Assembly.
Clause 1          Adoption Amendment Bill 2006




The Legislature of New South Wales enacts:
 1    Name of Act
               This Act is the Adoption Amendment Act 2006.
 2    Commencement
               This Act commences on the date of assent to this Act.
 3    Amendment of Adoption Act 2000 No 75
               The Adoption Act 2000 is amended as set out in Schedules 1 and 2.
 4    Consequential amendment of Law Enforcement (Powers and
      Responsibilities) Act 2002 No 103
               The Law Enforcement (Powers and Responsibilities) Act 2002 is
               amended as set out Schedule 3.
 5    Repeal of Act
         (1)   This Act is repealed on the day following the day on which this Act
               commences.
         (2)   The repeal of this Act does not, because of the operation of section 30
               of the Interpretation Act 1987, affect any amendment made by this Act.




Page 2
Adoption Amendment Bill 2006

Principal amendments to Adoption Act 2000                                  Schedule 1




Schedule 1             Principal amendments to Adoption Act
                       2000
                                                                              (Section 3)
[1]   Section 13 Accreditation of adoption service providers
      Omit "The regulations may prescribe" from section 13 (2).
      Insert instead "The Director-General may, by order published in the Gazette,
      establish".
[2]   Section 13 (3) and (4)
      Insert after section 13 (2):
             (3)   Sections 40 and 41 of the Interpretation Act 1987 apply to an
                   order referred to in subsection (2) in the same way as they apply
                   to a statutory rule within the meaning of that Act.
             (4)    A copy of any standards in force under subsection (2) (b) must be
                    kept posted on the Department's internet website.
[3]   Section 24 Who can be adopted?
      Omit "before the application was made" from section 24 (2) (a).
      Insert instead "prior to the child reaching the age of 18 years".
[4]   Section 24 (3)
      Insert after section 24 (2) (after the note):
             (3)    An adoption order may also be made in relation to a child who
                    was 18 or more years of age when the application for the order
                    was made, but was brought up, maintained and educated by the
                    applicant for less than the period referred to in subsection (2) (a),
                    if the Court is satisfied that there are exceptional circumstances
                    that justify making the order.
[5]   Section 46 What is an adoption plan?
      Insert after section 46 (2):
             (3)   An adoption plan for an Aboriginal child or Torres Strait Islander
                   child to be adopted by persons of whom neither is an Aboriginal
                   or Torres Strait Islander, as the case may be, must make provision
                   of the kind referred to in subsection (2) (a).




                                                                                Page 3
                    Adoption Amendment Bill 2006

Schedule 1          Principal amendments to Adoption Act 2000




[6]   Section 67 When can Court dispense with consent of person other than
      the child?
      Insert at the end of section 67 (1) (c):
                           , or
                     (d) if an application has been made to the Court for the
                           adoption of the child by one or more persons who are
                           authorised carers for the child:
                            (i) the child has established a stable relationship with
                                 those carers, and
                           (ii) the adoption of the child by those carers will
                                 promote the child's welfare, and
                          (iii) in the case of an Aboriginal child, alternatives to
                                 placement for adoption have been considered in
                                 accordance with section 36.
[7]   Section 79 Duration of parental responsibility
      Omit section 79 (1) (d).
[8]   Section 79 (2A) and (2B)
      Insert after section 79 (2):
             (2A)      The Director-General's parental responsibility for a child under
                       section 75 or 78 is suspended while the child is placed in some
                       other person's care responsibility pursuant to subsection (2).
             (2B)      The Director-General may at any time, and for any reason or no
                       reason, make an order terminating a child's placement under
                       subsection (2) and directing that the child be returned to the
                       parental responsibility of the Director-General.
[9]   Sections 79A and 79B
      Insert after section 79:
      79A     Children under the parental responsibility of Director-General
              leaving or being removed from care (cf Children and Young Persons
              (Care and Protection) Act 1998, section 232)
                       If:
                        (a)   a child who is under the parental responsibility of the
                              Director-General, or under the care responsibility of a
                              person under section 79 (2), has, without lawful excuse,
                              left, or been removed from, the care of the
                              Director-General or person, as the case may be, and




Page 4
Adoption Amendment Bill 2006

Principal amendments to Adoption Act 2000                                Schedule 1




                    (b)   the Director-General is of the opinion that the child should
                          be returned to that care,
                   the Director-General may, by order in writing, direct that the
                   child be returned to that care.
     79B     Power of search for and removal of children in need of care and
             protection (cf Children and Young Persons (Care and Protection) Act 1998,
             section 233)
             (1)   The Director-General or a police officer may apply to an
                   authorised officer for a search warrant if the Director-General or
                   police officer has reasonable grounds for believing that:
                   (a) a child whom the Director-General has placed in some
                          other person's care responsibility pursuant to section 79
                          (2), or
                   (b) a child the subject of an order in force under section 79
                          (2B) or 79A,
                   may be found in any premises.
             (2)   An authorised officer to whom such an application is made may
                   issue a search warrant if satisfied that there are reasonable
                   grounds for doing so.
             (3)   A search warrant authorises the person named in the warrant:
                   (a) to enter the premises (if any) specified in the warrant, and
                   (b) to search the premises (if any) or elsewhere, or at large, for
                         the presence of the child referred to in subsection (1) (a) or
                         (b), and
                   (c) to remove the child, and
                   (d) to return the child to, or to place the child in, the custody
                         of the Director-General or the person having care
                         responsibility for the child under section 79 (2), as the case
                         requires.
             (4)   An application for a warrant or warrant may specify one or more
                   addresses or other descriptions of premises. However, it is not
                   necessary to specify an address or other description of premises
                   in an application for a warrant or in a warrant.
             (5)   It is not necessary in any search warrant issued under this section
                   to name any particular child.
             (6)   Division 4 of Part 5 of the Law Enforcement (Powers and
                   Responsibilities) Act 2002 applies to a search warrant issued
                   under this section.




                                                                              Page 5
                  Adoption Amendment Bill 2006

Schedule 1           Principal amendments to Adoption Act 2000




               (7)      In this section, authorised officer has the same meaning as it has
                        in the Law Enforcement (Powers and Responsibilities) Act 2002.
[10]    Section 143A
        Insert after section 143:
       143A   Application of State Records Act 1998
               (1)      This Part has effect despite the provisions of the State Records
                        Act 1998.
               (2)      Accordingly, the provision of information or documents in
                        accordance with this Part does not constitute an offence under
                        that Act.
[11]    Section 202A
        Insert after section 202:
       202A   Entry and inspection under search warrant
               (1)      The Director-General or a police officer may apply to an
                        authorised officer for a search warrant if the Director-General or
                        police officer has reasonable grounds for believing that a
                        provision of this Act or the regulations has been or is being
                        contravened at any premises.
               (2)      An authorised officer to whom such an application is made may
                        issue a search warrant if satisfied that there are reasonable
                        grounds for doing so.
               (3)      A search warrant authorises the person named in the warrant:
                        (a) to enter the premises, and
                        (b) to inspect the premises for evidence of a contravention of
                              this Act or the regulations.
               (4)      Division 4 of Part 5 of the Law Enforcement (Powers and
                        Responsibilities) Act 2002 applies to a search warrant issued
                        under this section.
               (5)      In this section, authorised officer has the same meaning as it has
                        in the Law Enforcement (Powers and Responsibilities) Act 2002.
[12]    Schedule 3 Savings, transitional and other provisions
        Insert at the end of clause 1 (1):
                      Adoption Amendment Act 2006




Page 6
Adoption Amendment Bill 2006

Principal amendments to Adoption Act 2000                               Schedule 1




[13]   Schedule 3, Part 3
       Insert after Part 2:

       Part 3        Provisions consequent on enactment of
                     Adoption Amendment Act 2006
       13     Definition
                     In this Part:
                     the 2006 amending Act means the Adoption Amendment Act
                     2006.
       14     Accreditation standards
                     The accreditation standards prescribed by the regulations under
                     section 13, as in force immediately before that section was
                     amended by the 2006 amending Act, are taken to have been
                     established by the Director-General under that section, as
                     amended by that Act, and may accordingly be varied or revoked
                     under that section as so amended.
       15     Who can be adopted?
                     Section 24, as amended by the 2006 amending Act, does not
                     apply to any adoption order arising from an application for
                     adoption made before the commencement of the amendments
                     made to that section by that Act.
       16     What is an adoption plan?
                     Section 46, as amended by the 2006 amending Act, does not
                     apply to any adoption plan that accompanied an application for
                     an adoption order that was made before the commencement of
                     the amendment made to that section by that Act.
       17     When can Court dispense with consent of person other than the
              child?
                     Section 67, as amended by the 2006 amending Act, does not
                     apply to proceedings on an application for an adoption order that
                     was made before the commencement of the amendment to that
                     section made by Schedule 1 [6] to that Act.




                                                                              Page 7
                Adoption Amendment Bill 2006

Schedule 2      Amendments to Adoption Act 2000 in relation to changes in terminology




Schedule 2             Amendments to Adoption Act 2000 in
                       relation to changes in terminology
                                                                             (Section 3)
[1]   Section 10 Adoption services to be provided by or on behalf of
      Director-General
      Omit "care of" from section 10 (2) (c).
      Insert instead "care responsibility for".
[2]   Section 10 (2) (d)
      Omit "guardianship". Insert instead "parental responsibility".
[3]   Section 24 Who can be adopted?
      Omit "or custody" from section 24 (2) (b).
      Insert instead "responsibility".
[4]   Section 49 Notice to be given of adoption plan
      Omit "care of". Insert instead "care responsibility for".
[5]   Section 52 Consent of parents and persons who have parental
      responsibility generally required
      Omit "guardian of" from section 52 (a) (ii).
      Insert instead "person who has parental responsibility for".
[6]   Section 52 (b)
      Omit "parent or guardian of".
      Insert instead "parent of, or person who has parental responsibility for,".
[7]   Section 53 Ways in which parent or person who has parental
      responsibility can give consent
      Omit "parent or guardian of" from section 53 (1).
      Insert instead "parent of, or person who has parental responsibility for,".
[8]   Section 53 (1) (b) (iv)
      Omit "a foster parent who has had care of".
      Insert instead "an authorised carer who has had care responsibility for".




Page 8
Adoption Amendment Bill 2006

Amendments to Adoption Act 2000 in relation to changes in terminology    Schedule 2




 [9]   Section 54 When consent of parent or person who has parental
       responsibility not required
       Omit "guardian" from section 54 (1) (c).
       Insert instead "person who has parental responsibility".
[10]   Section 54 (2)
       Omit "in the care of". Insert instead "cared for by".
[11]   Section 56 Birth father to be given opportunity to consent
       Omit "guardian" wherever occurring in section 56 (1) (a) and (2) (a).
       Insert instead "person who has parental responsibility".
[12]   Section 67 When can Court dispense with consent of person other than
       the child?
       Omit "a parent or guardian of" from section 67 (1) (c).
       Insert instead "a parent of, or person who has parental responsibility for,".
[13]   Section 67 (1) (c)
       Omit "the parent or guardian".
       Insert instead "the parent or person who has parental responsibility".
[14]   Section 73 Revocation of consent
       Omit "guardianship of" wherever occurring in section 73 (5) and (6).
       Insert instead "parental responsibility for".
[15]   Part 6, heading
       Omit "Guardianship of". Insert instead "Parental responsibility for".
[16]   Part 6, note to Part
       Omit "guardianship of". Insert instead "parental responsibility for".
[17]   Part 6, note to Part
       Omit "Guardianship". Insert instead "Parental responsibility".
[18]   Part 6, note to Part
       Omit "foster parents". Insert instead "authorised carers".




                                                                                Page 9
                 Adoption Amendment Bill 2006

Schedule 2       Amendments to Adoption Act 2000 in relation to changes in terminology




[19]   Section 75 Parental responsibility for citizen child awaiting adoption
       Omit "Guardianship" and "guardianship" wherever occurring in section 75
       (1) and (7).
       Insert instead "Parental responsibility" and "parental responsibility",
       respectively.
[20]   Section 75 (1)
       Omit "is guardian of". Insert instead "has parental responsibility for".
[21]   Section 75 (5), (8) (c) and (11)
       Omit "guardianship of" wherever occurring.
       Insert instead "parental responsibility for".
[22]   Section 75 (6)
       Omit "guardianship". Insert instead "parental responsibility".
[23]   Section 75 (7)
       Omit "becomes the guardian of".
       Insert instead "takes parental responsibility for".
[24]   Section 75 (7)
       Omit "is the child's guardian".
       Insert instead "has parental responsibility for the child".
[25]   Section 75 (7) and (8) (c)
       Omit "guardianship renunciation" wherever occurring.
       Insert instead "parental responsibility renunciation".
[26]   Section 75 (9)
       Omit "is guardian". Insert instead "has parental responsibility".
[27]   Section 75 (11)
       Omit "guardianship" from the definition of guardianship renunciation
       instrument.
       Insert instead "parental responsibility".




Page 10
Adoption Amendment Bill 2006

Amendments to Adoption Act 2000 in relation to changes in terminology    Schedule 2




[28]   Section 75 (11)
       Omit "be guardian of" from the definition of guardianship renunciation
       instrument.
       Insert instead "have parental responsibility for".
[29]   Section 76 Renunciation of parental responsibility for child present in
       another State
       Omit "guardianship renunciation" wherever occurring in section 76 (1), (2)
       and (3).
       Insert instead "parental responsibility renunciation".
[30]   Section 76 (1)
       Omit "is the guardian of". Insert instead "has parental responsibility for".
[31]   Section 76 (1) (c) and (d) and (4)
       Omit "guardianship of" wherever occurring.
       Insert instead "parental responsibility for".
[32]   Section 76 (2)
       Omit "be guardian of". Insert instead "have parental responsibility for".
[33]   Section 76 (4), definition of "guardianship renunciation instrument"
       Omit "guardianship". Insert instead "parental responsibility".
[34]   Section 77 Parental responsibility for certain non-citizen children
       awaiting adoption
       Omit "is the guardian of" from section 77 (2).
       Insert instead "has parental responsibility for".
[35]   Section 77, note
       Omit "guardianship". Insert instead "parental responsibility".
[36]   Section 78 Parental responsibility reports--citizen and non-citizen
       children
       Omit "is guardian" from section 78 (1).
       Insert instead "has parental responsibility".




                                                                              Page 11
                 Adoption Amendment Bill 2006

Schedule 2       Amendments to Adoption Act 2000 in relation to changes in terminology




[37]   Section 78 (1)
       Omit "becoming guardian".
       Insert instead "taking over parental responsibility".
[38]   Section 78 (1)
       Omit "be guardian". Insert instead "have parental responsibility".
[39]   Section 78 (2)
       Omit "guardianship or other".
[40]   Section 78 (3) (b)
       Omit "remain guardian of".
       Insert instead "continue to have parental responsibility for".
[41]   Section 79 Duration of parental responsibility
       Omit "be guardian of" wherever occurring in section 79 (1).
       Insert instead "have parental responsibility for".
[42]   Section 79 (1) (c) and (f) and (4)
       Omit "guardianship of" wherever occurring.
       Insert instead "parental responsibility for".
[43]   Section 79 (2)
       Omit "of whom the Director-General is guardian".
       Insert instead "for whom the Director-General has parental responsibility".
[44]   Section 79 (2)
       Insert "responsibility" after "in the care".
[45]   Section 79 (3)
       Omit "is guardian of". Insert instead "has parental responsibility for".
[46]   Section 92 Care of child after refusal of an application
       Omit "for the care and custody of".
       Insert instead "in relation to the parental responsibility for".




Page 12
Adoption Amendment Bill 2006

Amendments to Adoption Act 2000 in relation to changes in terminology      Schedule 2




[47]   Section 93 Discharge of adoption orders
       Omit "custody or guardianship of" from section 93 (7) (c).
       Insert instead "parental responsibility for".
[48]   Section 96 Effect of adoption order on parental responsibility and
       previous adoption
       Omit "guardianship of" from section 96 (1) (a).
       Insert instead "parental responsibility for".
[49]   Section 176 Definitions
       Omit "parent or guardian of" from paragraph (a) of the definition of prohibited
       adoption advertising.
       Insert instead "parent of, or person who has parental responsibility for,".
[50]   Section 180 Restriction on publication of identity of parties
       Omit "guardian of" from section 180 (1) (a).
       Insert instead "person who has parental responsibility for".
[51]   Section 184 Undue influence
       Omit "parent or guardian of" from section 184 (1).
       Insert instead "parent of, or person who has parental responsibility for,".
[52]   Section 184 (1) (a)-(c)
       Omit "guardian" wherever occurring.
       Insert instead "person who has parental responsibility".
[53]   Section 185 Improper witnessing of consent
       Omit "parent or guardian of" from section 185 (a).
       Insert instead "parent of, or person who has parental responsibility for,".
[54]   Dictionary
       Omit "care and custody of" from paragraph (c) of the definition of adoption
       service.
       Insert instead "care responsibility of or parental responsibility for".




                                                                                 Page 13
                 Adoption Amendment Bill 2006

Schedule 2       Amendments to Adoption Act 2000 in relation to changes in terminology




[55]   Dictionary
       Insert in alphabetical order:
                    authorised carer means any person who:
                    (a) has care and responsibility for a child under out-of-home
                         care arrangements made under the Children and Young
                         Persons (Care and Protection) Act 1998, or
                    (b) has responsibility for the day-to-day care, welfare and
                         development of a child under the Family Law Act 1975 of
                         the Commonwealth.
                    care responsibility has the same meaning as in section 157 of the
                    Children and Young Persons (Care and Protection) Act 1998.
[56]   Dictionary, definition of "decision"
       Omit "care and custody of" from paragraph (c).
       Insert instead "care responsibility of or parental responsibility for".
[57]   Dictionary, definition of "decision"
       Omit "guardianship or other" from paragraph (d).
[58]   Dictionary, definitions of "foster parent" and "guardian"
       Omit the definitions.




Page 14
Adoption Amendment Bill 2006

Consequential amendment of Law Enforcement (Powers and         Schedule 3
Responsibilities) Act 2002



Schedule 3            Consequential amendment of Law
                      Enforcement (Powers and
                      Responsibilities) Act 2002
                                                                 (Section 4)
      Schedule 2 Search warrants under other Acts
      Insert in alphabetical order of Acts:
                    Adoption Act 2000, sections 79B and 202A




                                                                  Page 15


 


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