Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


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


ADOPTION BILL 2009

          Queensland



Adoption Bill 2009

 


 

 

Queensland Adoption Bill 2009 Contents Page Part 1 Preliminary Division 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2 Application, object and guiding principles 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5 Main object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7 Additional principles concerning Aboriginal and Torres Strait Islander persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8 Act applies despite Anti-Discrimination Act 1991 . . . . . . . . . . . . . 22 9 References to child's wellbeing or best interests . . . . . . . . . . . . . 22 Division 3 Adoptions under this Act 10 Who may be adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 11 Rules of private international law not relevant . . . . . . . . . . . . . . . 23 Division 4 Custody and guardianship 12 What is the effect of custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 13 What is the effect of guardianship . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 2 Consent to adoption and related matters Division 1 Preliminary 14 Non-application to intercountry adoptions . . . . . . . . . . . . . . . . . . 24 15 References to parent in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16 Requirement for consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 17 References to consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2 Requirements about consent 18 Form of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

 


 

Adoption Bill 2009 Contents 19 Time of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 20 Revocation of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 3 Giving forms, information and counselling to parents 21 Obligation to enable understanding . . . . . . . . . . . . . . . . . . . . . . . 26 22 Parents to be given consent documents . . . . . . . . . . . . . . . . . . . 26 23 Parents to be given prescribed information . . . . . . . . . . . . . . . . . 26 24 Parents to be given pre-consent counselling . . . . . . . . . . . . . . . . 28 25 Pre-consent information and counselling for Aboriginal or Torres Strait Islander child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 26 Parents' access to legal advice . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 4 Ensuring parents have capacity to consent 27 Meaning of qualified person for div 4 . . . . . . . . . . . . . . . . . . . . . . 30 28 Assessing whether a non-adult parent has capacity to consent . 30 29 Declaration of tribunal whether an adult parent has capacity to consent ....................................... 31 30 Appointment of guardian for adult parent without capacity to consent ....................................... 31 Division 5 Identifying child's father and related matters 31 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 32 Establishing father's identity and location. . . . . . . . . . . . . . . . . . . 32 33 Giving notice to father or person suspected to be father . . . . . . . 32 34 Chief executive may apply for declaration of paternity . . . . . . . . . 33 Division 6 Dispensing with requirement for parent's consent 35 Application for dispensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 36 Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 37 Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 38 Hearing of application in absence of relevant parent . . . . . . . . . . 35 39 Court may dispense with need for consent . . . . . . . . . . . . . . . . . 35 40 Notice of court order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 41 Discharge of dispensation order if relevant parent not served with application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 7 Complying interstate consents 42 Consent given under a law of another State . . . . . . . . . . . . . . . . 38 Division 8 Giving information, counselling and support to child 43 Application of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 44 Child must be given information . . . . . . . . . . . . . . . . . . . . . . . . . . 39 45 Child must be given counselling . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Page 2

 


 

Adoption Bill 2009 Contents 46 Counselling for Aboriginal or Torres Strait Islander child . . . . . . . 41 47 Child may be given other support. . . . . . . . . . . . . . . . . . . . . . . . . 42 Part 3 Custody and guardianship of a child awaiting adoption Division 1 Custody of child under care agreement 48 References to parent in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 49 Meaning of care agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 50 Entering into care agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 51 Effect of care agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 52 No agreement against the wishes of a parent . . . . . . . . . . . . . . . 43 53 Maximum period of care agreement. . . . . . . . . . . . . . . . . . . . . . . 44 54 Ending of care agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 2 Guardianship of child after consent is given to local adoption 55 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 56 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 57 Chief executive becomes guardian when consent is given or dispensed with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 58 Child may be placed in care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 59 Effect of consent or dispensation ending . . . . . . . . . . . . . . . . . . . 45 60 Chief executive may place child in parents' care . . . . . . . . . . . . . 46 61 Other ending of chief executive's guardianship . . . . . . . . . . . . . . 47 62 Guardianship under Child Protection Act not affected . . . . . . . . . 47 Division 3 Transfer of guardianship between chief executive and corresponding officer for another State 63 Corresponding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 64 Chief executive may renounce guardianship . . . . . . . . . . . . . . . . 47 65 Chief executive may ask corresponding officer to renounce guardianship ................................... 48 Part 4 Recruitment and selection of prospective adoptive parents Division 1 Planning 66 Chief executive must plan for future need . . . . . . . . . . . . . . . . . . 49 67 Deciding number of parents to be assessed . . . . . . . . . . . . . . . . 50 Division 2 Making expressions of interest 68 Who may make an expression of interest. . . . . . . . . . . . . . . . . . . 50 69 Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 70 Nomination relating to local or intercountry adoption . . . . . . . . . . 52 71 Other requirements for expressing an interest . . . . . . . . . . . . . . . 52 Page 3

 


 

Adoption Bill 2009 Contents 72 Person may express an interest despite previous expressions . . 52 73 Changes to current expression of interest or relevant information 53 74 No expressions of interest while register is closed. . . . . . . . . . . . 53 Division 3 Expression of interest register 75 Expression of interest register . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 76 Eligibility for inclusion in register. . . . . . . . . . . . . . . . . . . . . . . . . . 54 77 Notice and information to persons entered in register . . . . . . . . . 55 78 Notice to persons not entered in register . . . . . . . . . . . . . . . . . . . 55 79 Automatic removal from register. . . . . . . . . . . . . . . . . . . . . . . . . . 56 80 Other removal from register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 81 Chief executive may require further information . . . . . . . . . . . . . . 58 82 Obligation to notify chief executive of changed or new information relevant to eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . 59 83 Inclusion in register does not confer entitlement . . . . . . . . . . . . . 60 Division 4 Closing and re-opening expression of interest register 84 Chief executive may close register . . . . . . . . . . . . . . . . . . . . . . . . 60 85 Notice of closure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 86 Periodic review of closure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 87 Re-opening the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 5 Selections for assessment 88 Selection to meet anticipated future need . . . . . . . . . . . . . . . . . . 62 89 Selection to meet needs of particular child . . . . . . . . . . . . . . . . . 63 90 Joint selection of spouses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 91 Notice of selection and fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 5 Application by person wishing to adopt stepchild Division 1 Making an application 92 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 93 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 94 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 95 Obligation to notify chief executive of changed or new information relevant to application . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 2 How chief executive must deal with accepted application 96 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 97 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 98 Obtaining consents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 99 All consents not obtained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Page 4

 


 

Adoption Bill 2009 Contents 100 Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Part 6 Assessment of prospective adoptive parents Division 1 Preliminary 101 Who is assessed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 102 Suitable adoptive parents register . . . . . . . . . . . . . . . . . . . . . . . . 69 103 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2 Purpose and scope of assessment 104 Purpose of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 105 Scope of assessment--persons selected to meet anticipated future need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 106 Scope of assessment--persons selected to meet needs of particular child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 107 Scope of assessment--persons wishing to adopt stepchild . . . . 71 Division 3 Assessment process 108 Joint assessment of a couple . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 109 Assessment process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 110 Timing and pace of assessment. . . . . . . . . . . . . . . . . . . . . . . . . . 73 111 Consent of household members to assessment . . . . . . . . . . . . . 73 112 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 4 Information to assess suitability 113 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 114 Chief executive may require information . . . . . . . . . . . . . . . . . . . 75 115 Obligation to notify chief executive of changed or new information relevant to eligibility or suitability . . . . . . . . . . . . . . . . 76 116 Police information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 117 Traffic information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 118 Consultation with appropriate Aboriginal or Torres Strait Islander person ................................. 78 119 Other information gathering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 5 Bases for deciding suitability 120 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 121 Unacceptable risk of harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 122 Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 123 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 124 Capacity to be adoptive parent generally . . . . . . . . . . . . . . . . . . . 82 125 Good character. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Page 5

 


 

Adoption Bill 2009 Contents 126 Attitudes to children and parenting. . . . . . . . . . . . . . . . . . . . . . . . 83 127 Adoptive parenting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 128 Quality of relationship with spouse. . . . . . . . . . . . . . . . . . . . . . . . 84 129 Infertility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 130 Matters relating to step-parent . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 131 Aboriginal or Torres Strait Islander children . . . . . . . . . . . . . . . . . 84 132 Other cultural matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 133 Other prescribed matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 6 Action following decision 134 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 135 Chief executive must give notice of decision . . . . . . . . . . . . . . . . 86 136 Removal from expression of interest register . . . . . . . . . . . . . . . . 86 137 Entry in suitable adoptive parents register . . . . . . . . . . . . . . . . . . 86 138 Preparation of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 7 Interstate register 139 Registration of person on interstate register . . . . . . . . . . . . . . . . 88 Division 8 Re-assessment of person listed in suitable adoptive parents register 140 When a person may be re-assessed . . . . . . . . . . . . . . . . . . . . . . 89 141 Conduct of re-assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 142 Re-assessment may be limited . . . . . . . . . . . . . . . . . . . . . . . . . . 89 143 Notice of re-assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Division 9 Removal from suitable adoptive parents register 144 Automatic removal from register. . . . . . . . . . . . . . . . . . . . . . . . . . 90 145 Removal after re-assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 146 Other grounds for removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Division 10 Investigative information 147 Police commissioner may decide that information about a person is investigative information . . . . . . . . . . . . . . . . . . . . . . . . 92 148 Appeal from decision that information is investigative information 93 149 Court to decide matters afresh . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 150 Consequence of successful appeal . . . . . . . . . . . . . . . . . . . . . . . 95 Part 7 Selection of prospective adoptive parents Division 1 Requirement to select persons as prospective adoptive parents 151 Application of div 1 for initial selection for local adoptions . . . . . . 95 152 Application of div 1 when further selection required. . . . . . . . . . . 95 Page 6

 


 

Adoption Bill 2009 Contents 153 Chief executive must select prospective adoptive parents . . . . . . 96 Division 2 How selection must be made 154 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 155 Child's wellbeing and best interests generally . . . . . . . . . . . . . . . 97 156 Child's particular needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 157 Preferences of parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 158 Characteristics of persons who may be selected . . . . . . . . . . . . . 98 159 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 160 Placement with sibling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 161 Other children in adoptive family . . . . . . . . . . . . . . . . . . . . . . . . . 99 162 Initial period of full-time personal care by adoptive parents . . . . . 99 163 Additional provisions relating to Aboriginal or Torres Strait Islander children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Division 3 Facilitating matters between parents and selected persons 164 Facilitating agreement or adoption plan . . . . . . . . . . . . . . . . . . . . 100 Part 8 Adoption plans Division 1 General 165 What is an adoption plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 166 Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 167 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 168 Nature of plan and limitations on operation . . . . . . . . . . . . . . . . . 103 169 Chief executive to help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Division 2 When is plan required 170 In-person contact between child and birth family . . . . . . . . . . . . . 104 171 Child protection order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 172 Particular Aboriginal or Torres Strait Islander placements . . . . . . 104 173 Adoption plans otherwise not compulsory . . . . . . . . . . . . . . . . . . 105 Part 9 Adoption orders Division 1 General matters 174 Court may make adoption orders . . . . . . . . . . . . . . . . . . . . . . . . . 105 175 Consents and pre-consent counselling and information . . . . . . . 105 176 Particular documents not to be served on prospective adoptive parents ....................................... 106 177 Proceedings about whether parents have consented . . . . . . . . . 107 178 Child subject to child protection order . . . . . . . . . . . . . . . . . . . . . 108 179 Child able to form and express views . . . . . . . . . . . . . . . . . . . . . . 108 Page 7

 


 

Adoption Bill 2009 Contents 180 References to prospective adoptive parents . . . . . . . . . . . . . . . . 109 Division 2 Local adoptions 181 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 182 Application for interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 183 Requirements for making interim order . . . . . . . . . . . . . . . . . . . . 110 184 Period of operation of interim order . . . . . . . . . . . . . . . . . . . . . . . 110 185 Effect of interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 186 Discharge of interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 187 Application for final adoption order if interim order is in force. . . . 112 188 Application for final adoption order in favour of approved carers . 112 189 Requirements for making final adoption order . . . . . . . . . . . . . . . 113 190 Notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Division 3 Intercountry adoptions 191 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 192 Custody and guardianship if no guardian under Commonwealth Act ............................. 115 193 Custody and guardianship if interim order in force . . . . . . . . . . . . 115 194 Order ending custody or discharging interim order . . . . . . . . . . . 116 195 Application for interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 196 Requirements for making interim order . . . . . . . . . . . . . . . . . . . . 117 197 Period of operation of interim order . . . . . . . . . . . . . . . . . . . . . . . 118 198 Chief executive to supervise child's wellbeing and interests . . . . 118 199 Application for final adoption order . . . . . . . . . . . . . . . . . . . . . . . . 119 200 Requirements for making final adoption order . . . . . . . . . . . . . . . 119 201 Discharge of interim order on application for final order. . . . . . . . 120 202 Notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Division 4 Adoptions by step-parent 203 Meaning of suitability report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 204 Application by step-parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 205 Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 206 Respondents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 207 Chief executive must file report . . . . . . . . . . . . . . . . . . . . . . . . . . 122 208 Requirements for making final adoption order . . . . . . . . . . . . . . . 122 209 Notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Division 5 Adoptions by residents of a convention country 210 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Page 8

 


 

Adoption Bill 2009 Contents 211 Selection of prospective adoptive parents . . . . . . . . . . . . . . . . . . 124 212 Application for final adoption order . . . . . . . . . . . . . . . . . . . . . . . . 124 213 Requirements for making adoption order . . . . . . . . . . . . . . . . . . . 124 Division 6 Effect of final adoption order 214 Effect on relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 215 Child's name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 216 Effect of adoption orders in relation to property . . . . . . . . . . . . . . 127 217 Bequest by will to an unascertained adopted person. . . . . . . . . . 127 218 Transfer or distribution of property by trustee or personal representative .................................. 129 Division 7 Discharge of final adoption order 219 Grounds for discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 220 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 221 How to apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 222 Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 223 Hearing not to be in public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 224 Hearing of application in absence of party . . . . . . . . . . . . . . . . . . 131 225 Court orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 226 Effect of discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Part 10 Court proceedings Division 1 Preliminary 227 Application of pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Division 2 Constitution of court and procedural provisions 228 Court's constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 229 Court's paramount consideration . . . . . . . . . . . . . . . . . . . . . . . . . 134 230 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 231 Court to ensure parties understand proceeding. . . . . . . . . . . . . . 134 232 Expert help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 233 Right of appearance and representation . . . . . . . . . . . . . . . . . . . 135 234 Right of appearance of departmental coordinators . . . . . . . . . . . 135 235 Separate legal representation of child . . . . . . . . . . . . . . . . . . . . . 135 236 Support for child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 237 Legal representation of more than 1 child . . . . . . . . . . . . . . . . . . 137 238 Child can not be compelled to give evidence . . . . . . . . . . . . . . . . 137 239 Court may hear submissions from non-parties to proceeding . . . 137 240 Transfer of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Page 9

 


 

Adoption Bill 2009 Contents 241 Hearing of applications together. . . . . . . . . . . . . . . . . . . . . . . . . . 138 242 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Division 3 Appeals 243 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 244 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 245 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 246 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 247 Powers of appellate court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Part 11 Access to adoption information Division 1 Preliminary 248 Identifying information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 249 Meaning of relative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 250 References to birth parent--who is a biological father . . . . . . . . . 141 251 Application to persons who have died . . . . . . . . . . . . . . . . . . . . . 141 252 Prescribed documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 253 Release of altered documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 254 How request for information is made . . . . . . . . . . . . . . . . . . . . . . 142 Division 2 Access to particular identifying information while adopted person is a child 255 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 256 Request by, or on behalf of, adopted child . . . . . . . . . . . . . . . . . . 143 257 Request by birth parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 258 Taking steps to obtain consent to disclosure . . . . . . . . . . . . . . . . 146 259 Support for persons involved in disclosure of information . . . . . . 146 260 Adoption plan may include consent or request not to be asked for consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 261 Access to information is subject to court order. . . . . . . . . . . . . . . 147 Division 3 Access to particular information when adopted person is an adult 262 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 263 Request by adopted person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 264 Request by adult relative in place of adopted person. . . . . . . . . . 148 265 Request by birth parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 266 Request by adult relative in place of birth parent . . . . . . . . . . . . . 149 267 Request by pre-adoption sibling . . . . . . . . . . . . . . . . . . . . . . . . . . 149 268 Limitations on access to information . . . . . . . . . . . . . . . . . . . . . . 150 Page 10

 


 

Adoption Bill 2009 Contents Division 4 Contact statements and related matters 269 Contact statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 270 Contact statement obligations for post-June 1991 adoptions. . . . 151 271 Contact statement obligations for pre-June 1991 adoptions . . . . 152 272 Offence about contact for pre-June 1991 adoptions. . . . . . . . . . . 154 273 Currency and revocation of contact statements . . . . . . . . . . . . . . 155 274 Persons making contact statements presumed to be living . . . . . 155 Division 5 Miscellaneous 275 Court order restricting access to information . . . . . . . . . . . . . . . . 156 276 Chief executive may obtain or disclose non-identifying medical information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 277 Intercountry adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Division 6 Mailbox service 278 What is the mailbox service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 279 Other definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 280 Who is eligible to take part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 281 Exchanging non-identifying information . . . . . . . . . . . . . . . . . . . . 160 282 Exchanging identifying information. . . . . . . . . . . . . . . . . . . . . . . . 160 283 Notice of intention to take part . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 284 Receipt and review of documents . . . . . . . . . . . . . . . . . . . . . . . . 162 285 Document with no identifying information or concerning matter. . 162 286 Document with identifying information or concerning matter . . . . 163 287 Photographs of persons more than 2 years old . . . . . . . . . . . . . . 163 Part 12 Registration of adoptions 288 Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 289 Chief executive must notify registrar. . . . . . . . . . . . . . . . . . . . . . . 165 290 Entitlement to certificate, information or source document relating to particular entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Part 13 Recognition of adoptions and related matters Division 1 Recognition of interstate and overseas adoptions 291 Recognition of Australian and New Zealand adoptions . . . . . . . . 167 292 Recognition of adoptions granted in convention countries . . . . . . 167 293 Recognition of adoptions granted in non-convention countries . . 169 Division 2 Simple adoptions 294 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 295 Simple adoption does not end parent-child relationship. . . . . . . . 171 Page 11

 


 

Adoption Bill 2009 Contents 296 Conversion of simple adoption in convention country . . . . . . . . . 171 297 Conversion of simple adoption by Childrens Court . . . . . . . . . . . 172 Division 3 Other matters concerning overseas adoptions 298 Chief executive to have limited supervision of adopted children . 173 299 Declarations of validity of overseas adoptions . . . . . . . . . . . . . . . 174 Part 14 Offences 300 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 301 Territorial application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 302 False representation about arranging adoption . . . . . . . . . . . . . . 176 303 Giving or receiving consideration . . . . . . . . . . . . . . . . . . . . . . . . . 176 304 Advertisements and other published matters . . . . . . . . . . . . . . . . 177 305 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 177 306 Improperly witnessing a consent . . . . . . . . . . . . . . . . . . . . . . . . . 178 307 Fraud or undue influence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Part 15 General Division 1 Matters about offences and proceedings 308 Types of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 309 Proceedings for indictable offence . . . . . . . . . . . . . . . . . . . . . . . . 179 310 Limitation on who may summarily hear indictable offence . . . . . . 180 311 Limitation on time for starting summary proceeding. . . . . . . . . . . 180 312 Evidentiary provisions for proceedings under this Act . . . . . . . . . 181 313 Proof of adoptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Division 2 Confidentiality 314 Confidentiality of information obtained by persons involved in administration of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 315 Publishing identifying material . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 316 Disclosure to other jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Division 3 Miscellaneous 317 Adoption contract workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 318 Meaning of appropriate Aboriginal or Torres Strait Islander person ....................................... 187 319 Right of review against particular decisions . . . . . . . . . . . . . . . . . 187 320 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 321 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 322 Convention countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 323 State central authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Page 12

 


 

Adoption Bill 2009 Contents 324 Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 325 Assistance to adoptive parents and others. . . . . . . . . . . . . . . . . . 190 326 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 327 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 328 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Part 16 Repeal, savings and transitional provisions Division 1 Repeal 329 Repeal of Adoption of Children Act 1964 . . . . . . . . . . . . . . . . . . . 191 Division 2 Savings and transitional 330 Meaning of commencement day . . . . . . . . . . . . . . . . . . . . . . . . . 191 331 Adoption orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 332 Correction of adoption orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 333 Application by step-parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 334 Special Needs Children's Adoption List . . . . . . . . . . . . . . . . . . . . 192 335 Review of decision to remove name from adoption list . . . . . . . . 193 336 Expression of interest register . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 337 Uncompleted review of decision to remove persons from expression of interest register . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 338 Suitable adoptive parents register . . . . . . . . . . . . . . . . . . . . . . . . 194 339 Current applications to Supreme Court or Childrens Court . . . . . 194 340 Consents to adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 341 Chief executive's guardianship . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 342 Current applications to chief executive to convert simple adoption ...................................... 196 343 Particular objections continue in force as contact statements for pt 11 ...................................... 196 344 Current application to chief executive to disclose particular information .................................... 196 345 Entitlement to particular records . . . . . . . . . . . . . . . . . . . . . . . . . 197 346 Transitional--effect of adoption orders in relation to property . . . 197 Part 17 Amendments Division 1 Amendment of Adoption of Children Act 1964 347 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 348 Amendment of s 19 (Consents of parents and guardians required to adoptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 349 Amendment of s 29A (Bequest by will to unascertained adopted persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 350 Insertion of new s 59D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Page 13

 


 

Adoption Bill 2009 Contents 59D Chief executive may obtain or disclose non-identifying medical information . . . . . . . . . . . . . . 198 351 Insertion of new pt 7, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Division 4 Provision for Adoption Act 2009 76 Who is a birth parent for pt 4A . . . . . . . . . . . . . . . . . . 199 Division 2 Amendment of Births, Deaths and Marriages Registration Act 2003 352 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 353 Amendment of s 3 (Objects). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 354 Amendment of s 14 (Reregistering a birth or adoption) . . . . . . . . 200 355 Amendment of s 41 (Registering events in register) . . . . . . . . . . 200 356 Insertion of new ss 41A-41C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 41A Registering adoptions. . . . . . . . . . . . . . . . . . . . . . . . . 201 41B Amending registers on discharges of adoptions . . . . 202 41C Sending notice of relevant adoption orders and discharges to other States . . . . . . . . . . . . . . . . . . . . . 204 357 Amendment of s 44 (Obtaining information from the registrar) . . 204 358 Insertion of new s 48D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 48D Arrangement for giving information about persons for particular purposes under Adoption Act . . . . . . . . 205 359 Insertion of new s 57B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 57B Transitional--Adoption Act 2009 . . . . . . . . . . . . . . . . 206 360 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 206 Division 3 Amendment of Child Protection Act 1999 361 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 362 Amendment of s 51ZI (Ending an agreement) . . . . . . . . . . . . . . . 207 363 Amendment of s 186 (Confidentiality of notifiers of harm or risk of harm) ...................................... 207 364 Amendment of s 187 (Confidentiality of information obtained by persons involved in administration of Act) . . . . . . . . . . . . . . . . 207 365 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 208 Division 4 Amendment of Childrens Court Act 1992 366 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 367 Amendment of s 20 (Who may be present at a proceeding) . . . . 208 Division 5 Amendment of other Acts 368 Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 Schedule 1 Hague convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Schedule 2 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Page 14

 


 

Adoption Bill 2009 Contents Child Care Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Commission for Children and Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Commonwealth Powers (Family Law--Children) Act 1990 . . . . . 229 Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 232 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 Page 15

 


 

 

2009 A Bill for An Act to make provision about the adoption of children and to make related amendments of the Adoption of Children Act 1964, the Births, Deaths and Marriages Registration Act 2003 and the Child Protection Act 1999 and to make consequential amendments of other Acts as stated in schedule 2

 


 

Adoption Bill 2009 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Division 1 Introduction 3 1 Short title 4 This Act may be cited as the Adoption Act 2009. 5 2 Commencement 6 This Act, other than part 17 division 1, commences on a day 7 to be fixed by proclamation. 8 3 Dictionary 9 The dictionary in schedule 3 defines particular words used in 10 this Act. 11 Division 2 Application, object and guiding 12 principles 13 4 Act binds all persons 14 (1) This Act binds all persons including the State and, as far as 15 the legislative power of the Parliament permits, the 16 Commonwealth and all the other States. 17 (2) Subsection (1) does not make the State, the Commonwealth or 18 another State liable for an offence. 19 Page 18

 


 

Adoption Bill 2009 Part 1 Preliminary [s 5] 5 Main object of Act 1 The main object of this Act is to provide for the adoption of 2 children in Queensland, and for access to information about 3 parties to adoptions in Queensland, in a way that-- 4 (a) promotes the wellbeing and best interests of adopted 5 persons throughout their lives; and 6 (b) supports efficient and accountable practice in the 7 delivery of adoption services; and 8 (c) complies with Australia's obligations under the Hague 9 convention. 10 6 Guiding principles 11 (1) This Act is to be administered under the principle that the 12 wellbeing and best interests of an adopted child, both through 13 childhood and the rest of his or her life, are paramount. 14 (2) Subject to subsection (1), this Act is to be administered under 15 the following principles-- 16 (a) the purpose of an adoption is to provide for a child's 17 long-term care, wellbeing and development by creating 18 a permanent parent-child relationship between the child 19 and the adoptive parents; 20 (b) adoption is an appropriate long-term care option for a 21 child if-- 22 (i) the child's parents choose adoption for the child's 23 long-term care; or 24 (ii) the child does not have a parent who is willing and 25 able to protect the child from harm and meet the 26 child's need for long-term stable care; 27 (c) each of the parties to an adoption or proposed adoption 28 should be given the information he or she reasonably 29 needs to participate effectively in processes under this 30 Act; 31 (d) a child should be kept informed of matters affecting him 32 or her in a way and to an extent that is appropriate, 33 Page 19

 


 

Adoption Bill 2009 Part 1 Preliminary [s 6] having regard to the child's age and ability to 1 understand; 2 (e) the process for a child's adoption should include 3 considering the views of-- 4 (i) the child's parents; and 5 (ii) the child, if he or she is able to form and express 6 views about the adoption, having regard to the 7 child's age and ability to understand; 8 (f) an adopted child of a particular ethnic or other cultural 9 background should have-- 10 (i) access to information about the child's ethnic or 11 cultural heritage; and 12 (ii) opportunities to develop and maintain a connection 13 with the child's ethnicity or culture; and 14 (iii) opportunities to maintain contact with the child's 15 community or language group; 16 (g) a child's adoptive parents have the primary 17 responsibility for the child's upbringing, protection and 18 development; 19 (h) an adopted child should be cared for in a way that-- 20 (i) ensures a safe, stable and nurturing family and 21 home life; and 22 (ii) promotes openness and honesty about the child's 23 adoption; and 24 (iii) promotes the development of the child's emotional, 25 mental, physical and social wellbeing; 26 (i) the same protection, support and resources should be 27 available to an adopted person regardless of whether the 28 adoption was a local adoption, intercountry adoption or 29 adoption by a step-parent; 30 (j) although a final adoption order changes legal 31 relationships, it may be in an adopted child's best 32 interests for-- 33 Page 20

 


 

Adoption Bill 2009 Part 1 Preliminary [s 7] (i) the child's emotional connections with members of 1 the child's birth family to continue; or 2 (ii) the child to have ongoing contact with members of 3 the child's birth family; or 4 (iii) the child or the child's adoptive parents to 5 exchange information with members of the child's 6 birth family. 7 7 Additional principles concerning Aboriginal and Torres 8 Strait Islander persons 9 (1) This Act is also to be administered under the following 10 principles-- 11 (a) because adoption (as provided for in this Act) is not part 12 of Aboriginal tradition or Island custom, adoption of an 13 Aboriginal or Torres Strait Islander child should be 14 considered as a way of meeting the child's need for 15 long-term stable care only if there is no better available 16 option; 17 Note-- 18 Island custom includes a customary child-rearing practice that is 19 similar to adoption in so far as parental responsibility for a child 20 is permanently transferred to someone other than the child's 21 parents. This practice is sometimes referred to as either 22 `customary adoption' or `traditional adoption'. 23 (b) it is in the best interests of an Aboriginal or Torres Strait 24 Islander child-- 25 (i) to be cared for within an Aboriginal or Torres 26 Strait Islander community; and 27 (ii) to maintain contact with the child's community or 28 language group; and 29 (iii) to develop and maintain a connection with the 30 child's Aboriginal tradition or Island custom; and 31 (iv) for the child's sense of Aboriginal or Torres Strait 32 Islander identity to be preserved and enhanced. 33 Page 21

 


 

Adoption Bill 2009 Part 1 Preliminary [s 8] (2) If the Childrens Court exercises a power under this Act in 1 relation to an Aboriginal or Torres Strait Islander child, the 2 court must have regard to the views, about the child and about 3 Aboriginal tradition or Island custom relating to the child, of 4 an appropriate Aboriginal or Torres Strait Islander person. 5 (3) As far as is reasonably practicable, the chief executive and 6 other officers of the department must try to conduct 7 consultations, counselling, negotiations and other proceedings 8 involving an Aboriginal person or Torres Strait Islander in a 9 way and in a place that is appropriate to Aboriginal tradition 10 or Island custom. 11 8 Act applies despite Anti-Discrimination Act 1991 12 (1) Despite the Anti-Discrimination Act 1991, a person may make 13 a decision or do another act that is necessary to comply with, 14 or is specifically authorised by, this Act. 15 (2) Without limiting subsection (1), a person may make a 16 decision or do another act under this Act to comply with the 17 main guiding principle under section 6(1). 18 9 References to child's wellbeing or best interests 19 Unless a contrary intention appears, a reference in this Act to 20 a child's wellbeing or best interests is a reference to the child's 21 wellbeing or best interests through both childhood and the rest 22 of his or her life. 23 Division 3 Adoptions under this Act 24 10 Who may be adopted 25 (1) A child may be adopted by an order of the Childrens Court 26 under this Act. 27 Page 22

 


 

Adoption Bill 2009 Part 1 Preliminary [s 11] (2) A child may be adopted whether or not the child has been 1 previously adopted. 2 (3) An adult may not be adopted. 3 11 Rules of private international law not relevant 4 The power to make an adoption order under this Act does not 5 depend on any fact or circumstance not expressly stated in this 6 Act. 7 Division 4 Custody and guardianship 8 12 What is the effect of custody 9 For this Act, a person who has custody of a child has-- 10 (a) the right to have the child's daily care; and 11 (b) the right and responsibility to make decisions about the 12 child's daily care. 13 13 What is the effect of guardianship 14 For this Act, a person who has guardianship of a child has-- 15 (a) the right to have the child's daily care; and 16 (b) the right and responsibility to make decisions about the 17 child's daily care; and 18 (c) all the powers, rights and responsibilities in relation to 19 the child that would otherwise have been vested in the 20 person having parental responsibility for making 21 decisions about the long-term care, wellbeing and 22 development of the child. 23 Page 23

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 14] Part 2 Consent to adoption and 1 related matters 2 Division 1 Preliminary 3 14 Non-application to intercountry adoptions 4 This part applies to the proposed adoption of a child other 5 than by an intercountry adoption. 6 15 References to parent in pt 2 7 A reference in this part, other than division 6, to a parent of 8 the child does not include a person if, under section 39, a court 9 has dispensed with the need for the person's consent to the 10 child's adoption. 11 16 Requirement for consent 12 Section 175 states the requirement for the child's parents to 13 consent under this part to the adoption before the Childrens 14 Court may make an adoption order. 15 17 References to consent 16 (1) In this part-- 17 consent means consent freely and voluntarily given by a 18 person with capacity to give the consent. 19 (2) A reference in this part to consent to an adoption is a reference 20 to-- 21 (a) for an adoption of a step-child under part 9, division 4-- 22 (i) consent to the child's adoption by the proposed 23 adoptive parent; or 24 (ii) consent to the child's adoption generally; or 25 (b) otherwise, consent to the child's adoption generally. 26 Page 24

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 18] Division 2 Requirements about consent 1 18 Form of consent 2 (1) A parent's consent to the child's adoption must be in the 3 approved form, signed by the parent and witnessed by an 4 authorised person. 5 (2) The approved form must include provision for-- 6 (a) information to identify the child; and 7 (b) information to identify the parent; and 8 (c) a signed statement by the witness that the witness has 9 sighted the documents, relating to proof of the parent's 10 identity, prescribed under a regulation. 11 (3) The approved form may also include provision for other 12 matters relevant to the child's adoption that may be, but are 13 not required to be, completed. 14 Example of other matters-- 15 details of another parent of the child to the extent the details are known 16 by the parent giving the consent 17 (4) A single document must not contain-- 18 (a) consent to the adoption of more than 1 child; or 19 (b) more than 1 parent's consent to the adoption of the 20 child. 21 (5) In this section-- 22 authorised person means a public service employee, or other 23 appropriate person in Queensland or elsewhere, authorised by 24 the chief executive to witness a consent for this Act. 25 19 Time of consent 26 A parent's consent to the child's adoption may not be given-- 27 (a) less than 30 days after the child's birth; or 28 Page 25

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 20] (b) less than 14 days after the parent is given the documents 1 under section 22; or 2 (c) less than 14 days after the parent is given the prescribed 3 information under section 23; or 4 (d) less than 14 days after the day the counsellor swears the 5 statement mentioned in section 175(3)(b). 6 20 Revocation of consent 7 A parent may revoke the parent's consent to the child's 8 adoption only by giving a signed notice to the chief executive 9 within 30 days after the consent is given. 10 Division 3 Giving forms, information and 11 counselling to parents 12 21 Obligation to enable understanding 13 The chief executive must ensure information is given to each 14 of the child's parents under this division, and counselling of 15 the parent is carried out under this division, in a way that 16 enables the parent to understand. 17 22 Parents to be given consent documents 18 The chief executive must give to each of the child's parents-- 19 (a) a document showing the contents of the approved form 20 for section 18; and 21 (b) a document that the parent may use to revoke consent 22 given by the parent to the child's adoption. 23 23 Parents to be given prescribed information 24 (1) The chief executive must give each of the child's parents a 25 document containing information about the following matters 26 (the prescribed information)-- 27 Page 26

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 23] (a) options other than adoption for the child's long-term 1 care; 2 (b) support (financial and otherwise) that may be available 3 to the parent whether or not adoption of the child 4 proceeds; 5 (c) possible psychological effects for the parent, both short 6 and long-term, of consenting to the adoption; 7 (d) possible psychological effects for the child, both short 8 and long-term, of being adopted; 9 (e) how and when the parent's consent to the adoption may 10 be revoked; 11 (f) how the parent may give the chief executive the parent's 12 preferences relating to the child's adoption including, 13 for example, preferences about-- 14 (i) the child's religious upbringing; or 15 (ii) the characteristics of the child's adoptive parents 16 and adoptive family; or 17 (iii) the degree of openness in the adoption; 18 (g) the adoption process under this Act, including-- 19 (i) the consents required for an adoption; and 20 (ii) the process for recruiting, assessing and selecting 21 prospective adoptive parents; and 22 (iii) the chief executive's functions and powers relating 23 to the child's adoption; and 24 (iv) the role of the Childrens Court; 25 (h) the legal effect of adoption; 26 (i) the rights and responsibilities of the parties to an 27 adoption, including those relating to-- 28 (i) adoption plans; and 29 (ii) access to information about, and contact with, 30 other parties to an adoption throughout the life of 31 the adopted person; 32 Page 27

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 24] (j) the requirement for pre-consent counselling and how it 1 will be arranged; 2 (k) if the child to be adopted is an Aboriginal person or 3 Torres Strait Islander-- 4 (i) options other than adoption for the child's 5 long-term care in accordance with Aboriginal 6 tradition or Island custom; and 7 (ii) the importance of the child being cared for in a 8 way that-- 9 (A) helps the child to develop and maintain a 10 connection with the child's Aboriginal 11 tradition or Island custom; and 12 (B) preserves and enhances the child's sense of 13 Aboriginal or Torres Strait Islander identity. 14 (2) The chief executive must arrange for the prescribed 15 information to be explained to the parent. 16 24 Parents to be given pre-consent counselling 17 (1) The chief executive must arrange for each of the child's 18 parents to receive counselling about the prescribed 19 information under section 23. 20 (2) The counselling must be carried out by a counsellor 21 nominated by the chief executive. 22 (3) The nominated counsellor may be an officer of the 23 department. 24 (4) However, if the nominated counsellor is an officer of the 25 department, the chief executive must-- 26 (a) advise the parent that he or she may ask for further 27 counselling by someone who is not an officer of the 28 department; and 29 (b) if the parent makes a request under paragraph (a), 30 nominate another counsellor who is not an officer of the 31 department to carry out the further counselling. 32 Page 28

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 25] (5) The counselling must be carried out in a way that allows the 1 parent to ask questions and discuss the prescribed information 2 and matters arising from the information. 3 (6) If the counsellor reasonably suspects the parent does not have 4 capacity to consent to the adoption, the counsellor must notify 5 the chief executive. 6 (7) The counsellor may offer to meet with other persons. 7 Example-- 8 The counsellor may offer to meet other family members to help the 9 parent to consider other options for the child's long-term care. 10 (8) The counselling may be carried out in 1 or more sessions and 11 by 1 or more counsellors. 12 (9) In this section-- 13 counsellor means a person who the chief executive is satisfied 14 has appropriate qualifications or experience to carry out 15 counselling under this section. 16 25 Pre-consent information and counselling for Aboriginal 17 or Torres Strait Islander child 18 (1) This section applies if the child to be adopted is an Aboriginal 19 person or Torres Strait Islander. 20 (2) The counselling under section 24 must be carried out in a way 21 and at a place that is appropriate to Aboriginal tradition or 22 Island custom. 23 (3) The person who explains the prescribed information 24 mentioned in section 23(1)(k)-- 25 (a) need not be a counsellor under section 24; but 26 (b) must be an appropriate Aboriginal or Torres Strait 27 Islander person. 28 (4) This section does not apply to the counselling of a parent to 29 the extent the parent, by giving the chief executive a signed 30 notice in the approved form, declines to receive counselling in 31 a way, or by a person, required by this section. 32 Page 29

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 26] (5) The approved form for subsection (4) must state-- 1 (a) that the chief executive has offered the parent 2 counselling under this section; and 3 (b) the extent to which the counselling is declined; and 4 (c) that the chief executive has given the parent a document 5 containing the information mentioned in subsection (3). 6 26 Parents' access to legal advice 7 The chief executive must ensure each of the child's parents is 8 told that the parent may wish to seek legal advice and is given 9 the details of at least 1 entity that generally provides free legal 10 services. 11 Division 4 Ensuring parents have capacity to 12 consent 13 27 Meaning of qualified person for div 4 14 In this division-- 15 qualified person means a person who, if called as a witness in 16 a proceeding, would be qualified to give expert evidence on 17 the issue whether a parent has capacity to give consent to an 18 adoption of the child. 19 28 Assessing whether a non-adult parent has capacity to 20 consent 21 (1) This section applies if a parent of the child is not an adult. 22 (2) Before the parent may consent to the adoption, the chief 23 executive must have a qualified person assess whether the 24 parent has capacity to give the consent. 25 (3) The qualified person must not be the same person who 26 counsels the parent under section 24. 27 Page 30

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 29] 29 Declaration of tribunal whether an adult parent has 1 capacity to consent 2 (1) This section applies to an adult parent of the child if-- 3 (a) a counsellor under section 24 notifies the chief executive 4 that the counsellor reasonably suspects the parent does 5 not have capacity to consent to the adoption; or 6 (b) the chief executive otherwise knows or reasonably 7 suspects the parent does not have capacity to consent to 8 the adoption. 9 (2) Before the parent may consent to the adoption, the chief 10 executive must apply to the Guardianship and Administration 11 Tribunal for a declaration about the parent's capacity to give 12 the consent. 13 Note-- 14 See the Guardianship and Administration Act 2000, section 146. 15 (3) However, if the parent is not in Queensland at the time the 16 parent's consent is proposed to be given, the chief executive 17 must take the following steps instead of making an application 18 under subsection (2)-- 19 (a) if it is possible for the chief executive to make an 20 application, equivalent to an application mentioned in 21 subsection (2), in the jurisdiction where the parent is, 22 the chief executive must make that application; 23 (b) otherwise, the chief executive must ensure a qualified 24 person assesses whether the parent has capacity to give 25 the consent. 26 30 Appointment of guardian for adult parent without 27 capacity to consent 28 (1) This section applies if-- 29 (a) the Guardianship and Administration Tribunal makes a 30 declaration that the parent does not have capacity to give 31 the consent; and 32 Page 31

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 31] (b) the parent does not have a guardian under the 1 Guardianship and Administration Act 2000 for the 2 matter of dispensation. 3 (2) Before the chief executive may make an application under 4 division 6 for an order for dispensation, the chief executive 5 must apply to the Guardianship and Administration Tribunal 6 for an order appointing a guardian for the matter of the 7 dispensation. 8 (3) In this section-- 9 dispensation means dispensation with the need for the 10 parent's consent. 11 Division 5 Identifying child's father and related 12 matters 13 31 Application of div 5 14 This division applies in relation to the child if, so far as the 15 chief executive is aware, every consent required for the child's 16 adoption has been given other than the consent of the child's 17 father. 18 32 Establishing father's identity and location 19 If the chief executive does not know the identity and location 20 of the child's father, the chief executive must take reasonable 21 steps to establish those matters. 22 33 Giving notice to father or person suspected to be father 23 (1) If the chief executive knows or reasonably suspects a person is 24 the child's father, the chief executive must give him a notice 25 stating-- 26 (a) the other consent or consents to the child's adoption 27 have been given; and 28 (b) how the person may-- 29 Page 32

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 34] (i) give consent; or 1 (ii) take steps to establish whether he is the child's 2 father; or 3 (iii) apply under the Family Law Act 1975 (Cwlth) for a 4 parenting order for the child. 5 (2) Subsection (1) does not apply if the chief executive is 6 satisfied-- 7 (a) the person is a lineal relative of the child's mother; or 8 (b) the child's conception was a result of an offence 9 committed by the person; or 10 (c) there would be an unacceptable risk of harm to the child 11 or mother if the person were made aware of the child's 12 birth or proposed adoption. 13 34 Chief executive may apply for declaration of paternity 14 For the Status of Children Act 1978, section 10(1)(c), the chief 15 executive is a person having a proper interest in the result of 16 the question whether the relationship of father and child exists 17 between the child and another person. 18 Division 6 Dispensing with requirement for 19 parent's consent 20 35 Application for dispensation 21 (1) The chief executive, or a person who has made an application 22 to the chief executive under part 5, may apply to the Childrens 23 Court for an order dispensing with the need for the consent of 24 a stated parent of the child (the relevant parent) to the child's 25 adoption. 26 (2) The application must state the grounds on which it is made. 27 Page 33

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 36] 36 Notice of application 1 (1) As soon as practicable after filing the application in the court, 2 the applicant must serve a copy of it on the relevant parent 3 and, if the applicant is not the chief executive, serve a copy on 4 the chief executive. 5 (2) A served copy must state where and when the application is to 6 be heard. 7 (3) A copy served on the relevant parent must also state that the 8 application may be heard and decided even though the 9 relevant parent does not appear in court. 10 (4) The court may dispense with the requirement to serve a copy 11 of the application on the relevant parent if the court is satisfied 12 of any of the following matters-- 13 (a) the applicant can not establish the identity of the 14 relevant parent after making all reasonable enquiries; 15 (b) the applicant can not locate the relevant parent after 16 making all reasonable enquiries; 17 (c) the relevant parent is a lineal relative of the child's 18 mother; 19 (d) the child's conception was a result of an offence 20 committed by the relevant parent; 21 (e) there would be an unacceptable risk of harm to the child 22 or mother if the relevant parent were made aware of the 23 child's birth or proposed adoption; 24 (f) there are other special circumstances for giving the 25 dispensation. 26 37 Respondent 27 (1) If the relevant parent is served with a copy of the application, 28 he or she is a respondent in the proceeding. 29 (2) If the chief executive is not the applicant, the chief executive 30 may apply to the court to be included as a respondent in the 31 proceeding. 32 Page 34

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 38] 38 Hearing of application in absence of relevant parent 1 (1) The court may hear and decide the application in the absence 2 of the relevant parent only if-- 3 (a) the relevant parent has been given reasonable notice of 4 the hearing and failed to attend or continue to attend the 5 hearing; or 6 (b) the court dispenses with the requirement to serve a copy 7 of the application on the relevant parent under section 8 36(4). 9 (2) Subsection (1) does not limit the court's jurisdiction to 10 exclude a person from a proceeding. 11 39 Court may dispense with need for consent 12 (1) The court may make an order dispensing with the need for the 13 relevant parent's consent to the adoption if-- 14 (a) the court is satisfied of a matter stated in section 15 36(4)(a) to (e); or 16 (b) the Guardianship and Administration Tribunal has made 17 a declaration that the relevant parent does not have 18 capacity to give the consent; or 19 (c) the relevant parent is not an adult and the court is 20 satisfied, on the basis of an assessment mentioned in 21 section 28, that the relevant parent does not have 22 capacity to give the consent; or 23 (d) the relevant parent is not in Queensland and the court is 24 satisfied, on the basis of a declaration or assessment 25 mentioned in section 29(3), that the relevant parent does 26 not have capacity to give the consent; or 27 (e) the court is satisfied the relevant parent-- 28 (i) is not, and will not be within a time frame 29 appropriate to the child's age and circumstances, 30 willing and able to protect the child from harm and 31 meet the child's need for long-term stable care; and 32 (ii) is unreasonably-- 33 Page 35

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 39] (A) withholding his or her consent to the 1 adoption; or 2 (B) refusing to engage with the chief executive in 3 relation to the issue of whether to give 4 consent to the adoption; or 5 (f) the court is satisfied there are other special 6 circumstances for giving the dispensation. 7 (2) However, if the relevant parent is or is believed to be the 8 child's father, the court may not give the dispensation-- 9 (a) within 30 days after notice is given to the relevant parent 10 under section 33; or 11 (b) if the court has reason to believe there is-- 12 (i) a current application under the Status of Children 13 Act 1978, section 10, by the relevant parent or 14 someone else, for a declaration of paternity for the 15 child; or 16 (ii) a current application under the Family Law Act 17 1975 (Cwlth) by the relevant parent for a parenting 18 order for the child. 19 (3) Also, the court must not give the dispensation unless satisfied 20 it would be in the child's best interests for arrangements for 21 the child's adoption to continue to be made. 22 (4) Without limiting subsection (3)-- 23 (a) if the applicant is a person who has made an application 24 under part 5, the court must be satisfied the grounds for 25 making an adoption order in favour of the applicant are 26 likely to exist; and 27 (b) if the child is in the custody or guardianship of the chief 28 executive (child safety) or someone else under the Child 29 Protection Act 1999, the court must-- 30 (i) have regard to anything in a case plan in force for 31 the child under chapter 2, part 3A of that Act 32 about-- 33 Page 36

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 40] (A) adoption as a way of meeting the child's 1 need for long-term stable care; or 2 (B) re-uniting the child with the child's family; 3 and 4 (ii) consider whether there is another way of meeting 5 the child's need for long-term stable care that 6 would better promote the child's wellbeing and 7 best interests. 8 (5) If the child has any views about the relevant parent and is able 9 to express the views, having regard to the child's age and 10 ability to understand, the court must consider the views. 11 40 Notice of court order 12 (1) This section applies if-- 13 (a) the court makes an order dispensing with the need for 14 the relevant parent's consent; and 15 (b) the chief executive was not the applicant for the order. 16 (2) The applicant must give the chief executive a copy of the 17 order. 18 41 Discharge of dispensation order if relevant parent not 19 served with application 20 (1) This section applies if-- 21 (a) the court makes an order dispensing with the need for 22 the relevant parent's consent (the dispensation order); 23 and 24 (b) a copy of the application for the dispensation order was 25 not served on the relevant parent. 26 (2) The relevant parent or the chief executive may apply to the 27 court to discharge the dispensation order. 28 (3) The applicant must serve a copy of the application on each 29 party to the proceeding for the dispensation order. 30 Page 37

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 42] (4) The court may discharge the dispensation order if-- 1 (a) an adoption order for the child has not been made; and 2 (b) the court is satisfied the ground on which the 3 dispensation order was made under section 39(1) does 4 not apply. 5 (5) The discharge of the dispensation order does not affect a 6 consent given by anyone else to the child's adoption unless the 7 court decides otherwise. 8 Division 7 Complying interstate consents 9 42 Consent given under a law of another State 10 (1) A complying interstate consent has effect for this Act as if it 11 were given under this part. 12 (2) For subsection (1), a person's consent to the child's adoption 13 is a complying interstate consent if an authorised officer for 14 another State has given the chief executive-- 15 (a) a notice stating that the consent was given, by signed 16 writing, under a law of the other State and has not been 17 revoked under that law; and 18 (b) a written authorisation to make arrangements for the 19 adoption of the child in Queensland. 20 (3) In this section-- 21 authorised officer, for another State, means an officer who, 22 under the law of the State, is authorised to make arrangements 23 for the adoption of children in the State. 24 Page 38

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 43] Division 8 Giving information, counselling and 1 support to child 2 43 Application of div 8 3 This division applies if the child is able to form and express 4 views about the adoption. 5 44 Child must be given information 6 (1) The chief executive must ensure the child is given the 7 prescribed information before an application for an adoption 8 order for the child is made. 9 (2) The information must be given in a way and to an extent that 10 is reasonable, having regard to the child's age and ability to 11 understand. 12 (3) In this section-- 13 prescribed information means information about the 14 following matters-- 15 (a) options other than adoption for the child's long-term 16 care; 17 (b) possible psychological effects for the child, both short 18 and long-term, of being adopted; 19 (c) how the child's parents may give the chief executive 20 their preferences relating to the child's adoption 21 including, for example, preferences about-- 22 (i) the child's religious upbringing; or 23 (ii) the characteristics of the child's adoptive parents 24 and adoptive family; or 25 (iii) the degree of openness in the adoption; 26 (d) the adoption process under this Act, including-- 27 (i) the consents required for an adoption; and 28 (ii) the process for recruiting, assessing and selecting 29 prospective adoptive parents; and 30 Page 39

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 44] (iii) the chief executive's functions and powers relating 1 to the child's adoption; and 2 (iv) the role of the Childrens Court; 3 (e) support that may be available to the child under sections 4 47, 235 and 236; 5 (f) the legal effect of adoption; 6 (g) the rights and responsibilities of the parties to an 7 adoption, including those relating to-- 8 (i) adoption plans; and 9 (ii) access to information about, and contact with, 10 other parties to an adoption throughout the life of 11 the adopted person; 12 (h) the requirement for counselling under section 45 and 13 how it will be arranged; 14 (i) if the child to be adopted is an Aboriginal person or 15 Torres Strait Islander-- 16 (i) options other than adoption for the child's 17 long-term care in accordance with Aboriginal 18 tradition or Island custom; and 19 (ii) the importance of the child being cared for in a 20 way that-- 21 (A) helps the child to develop and maintain a 22 connection with the child's Aboriginal 23 tradition or Island custom; and 24 (B) preserves and enhances the child's sense of 25 Aboriginal or Torres Strait Islander identity; 26 (j) the guiding principles that-- 27 (i) the child should be kept informed of matters 28 affecting him or her in a way and to an extent that 29 is appropriate, having regard to the child's age and 30 ability to understand; and 31 Page 40

 


 

Adoption Bill 2009 Part 2 Consent to adoption and related matters [s 45] (ii) the child's views must be given consideration, 1 having regard to the child's age or ability to 2 understand. 3 45 Child must be given counselling 4 (1) The chief executive must ensure the child receives counselling 5 about the proposed adoption, from a counsellor nominated by 6 the chief executive, before an application for an adoption 7 order for the child is made. 8 (2) The counselling must be carried out in a way and to an extent 9 that is reasonable, having regard to the child's age and ability 10 to understand. 11 (3) The counselling may be carried out in 1 or more sessions and 12 by 1 or more counsellors. 13 (4) In this section-- 14 counsellor means a person who the chief executive is satisfied 15 has appropriate qualifications or experience to carry out 16 counselling under this section. 17 46 Counselling for Aboriginal or Torres Strait Islander child 18 (1) This section applies to the counselling under section 45 if the 19 child is an Aboriginal person or Torres Strait Islander. 20 (2) The counselling must be carried out in a way and at a place 21 that is appropriate to Aboriginal tradition or Island custom. 22 (3) A person who, as part of the counselling, explains the 23 information under section 44(3), definition prescribed 24 information, paragraph (i)-- 25 (a) need not be a counsellor under section 45; but 26 (b) must be an appropriate Aboriginal or Torres Strait 27 Islander person. 28 (4) This section does not apply to the extent the child declines to 29 receive counselling in a way, or by a person, required by this 30 section. 31 Page 41

 


 

Adoption Bill 2009 Part 3 Custody and guardianship of a child awaiting adoption [s 47] 47 Child may be given other support 1 (1) The chief executive may appoint a qualified person to support 2 the child during the adoption process. 3 (2) In this section-- 4 qualified person means a social worker, lawyer or other 5 person who the chief executive is satisfied has the necessary 6 expertise or experience to give the relevant support and who is 7 not an employee of the department. 8 Part 3 Custody and guardianship of a 9 child awaiting adoption 10 Division 1 Custody of child under care 11 agreement 12 48 References to parent in div 1 13 A reference in this division to a parent of a child does not 14 include a person if, under section 39, a court has dispensed 15 with the need for the person's consent to the child's adoption. 16 49 Meaning of care agreement 17 In this division-- 18 care agreement means an agreement under this division 19 between a child's parent and the chief executive (child safety) 20 for the short-term placement of the child in care while 21 consents for the child's adoption are obtained. 22 50 Entering into care agreements 23 (1) This section applies if a parent of a child has asked the chief 24 executive to arrange for the child's adoption or indicated to 25 Page 42

 


 

Adoption Bill 2009 Part 3 Custody and guardianship of a child awaiting adoption [s 51] the chief executive that the parent is considering adoption for 1 the child. 2 (2) The chief executive (child safety) may enter into a care 3 agreement with a parent who has custody of the child. 4 (3) The agreement must be in the approved form, signed by the 5 parties. 6 (4) The child may also be a party to the agreement if the chief 7 executive (child safety) considers it appropriate, having regard 8 to the child's age and ability to understand. 9 (5) The agreement must state-- 10 (a) arrangements for contact between the child and the 11 parents; and 12 (b) the type of decisions relating to the child for which the 13 parents must be consulted. 14 51 Effect of care agreement 15 (1) While a care agreement for a child is in force, the chief 16 executive (child safety) has custody of the child and may 17 place the child in care under the Child Protection Act 1999, 18 chapter 2, part 6, division 4. 19 (2) The Child Protection Act 1999, sections 74, 90 and 162 apply 20 as if a reference in the sections to a care agreement included a 21 care agreement under this Act. 22 52 No agreement against the wishes of a parent 23 (1) A parent of a child may give the chief executive (child safety) 24 notice that the parent does not wish the child to be placed in 25 care under a care agreement. 26 (2) On receiving a notice under subsection (1)-- 27 (a) the chief executive (child safety) must not enter a care 28 agreement for the child with another parent of the child; 29 or 30 Page 43

 


 

Adoption Bill 2009 Part 3 Custody and guardianship of a child awaiting adoption [s 53] (b) if a care agreement is in force for the child with another 1 parent of the child, the chief executive (child safety) 2 must end the agreement under section 54. 3 53 Maximum period of care agreement 4 (1) A care agreement may not be entered into for a child if 1 or 5 more care agreements have already been in force for the child 6 for a total period of 1 year. 7 (2) A care agreement expires if the total period for which the care 8 agreement and any other care agreement entered into for the 9 child under this division has been in force is 1 year. 10 54 Ending of care agreement 11 (1) Unless it ends earlier under this division, a care agreement has 12 effect until the chief executive becomes a guardian of the 13 child under section 57. 14 (2) A care agreement may be ended at any time with the 15 agreement of the chief executive and each parent who is a 16 party to the agreement. 17 (3) A party to a care agreement may end the agreement at any 18 time by giving at least 2 days notice to the other parties. 19 (4) A care agreement ends if the chief executive (child safety) 20 obtains custody or guardianship of the child under the Child 21 Protection Act 1999. 22 Note-- 23 If a care agreement ends and the child is a child in need of protection 24 under the Child Protection Act 1999, the chief executive (child safety) 25 may take the action under that Act that the chief executive (child safety) 26 considers appropriate. 27 Page 44

 


 

Adoption Bill 2009 Part 3 Custody and guardianship of a child awaiting adoption [s 55] Division 2 Guardianship of child after consent 1 is given to local adoption 2 55 Application of div 2 3 This division applies to the proposed adoption of a child by a 4 local adoption. 5 56 Definitions for div 2 6 In this division-- 7 consent means consent given under part 2. 8 dispense with, in relation to the need for a parent's consent, 9 means dispense with under section 39. 10 57 Chief executive becomes guardian when consent is given 11 or dispensed with 12 (1) This section applies when-- 13 (a) a parent consents to the child's adoption; or 14 (b) the need for a parent's consent to the child's adoption is 15 dispensed with. 16 (2) The parent stops having guardianship of the child. 17 (3) The chief executive becomes a guardian of the child under this 18 section. 19 (4) No-one else's guardianship of the child is affected. 20 58 Child may be placed in care 21 If the chief executive is the child's guardian under section 57, 22 the chief executive may place the child in care under the Child 23 Protection Act 1999, chapter 2, part 6, division 4. 24 59 Effect of consent or dispensation ending 25 (1) This section applies if-- 26 Page 45

 


 

Adoption Bill 2009 Part 3 Custody and guardianship of a child awaiting adoption [s 60] (a) a parent revokes his or her consent to the child's 1 adoption under section 20; or 2 (b) an order dispensing with the need for a parent's consent 3 is overturned on appeal or discharged. 4 (2) The parent's guardianship of the child resumes. 5 (3) The chief executive's guardianship under section 57, because 6 of the consent or dispensation, ends. 7 (4) The chief executive's guardianship under section 57, because 8 of another parent's consent or another dispensation, is not 9 affected. 10 60 Chief executive may place child in parents' care 11 (1) This section applies if-- 12 (a) the chief executive is the child's guardian under section 13 57; and 14 (b) it is at least 30 days since, for each of the child's parents, 15 his or her consent was given or the need for his or her 16 consent was dispensed with; and 17 (c) the chief executive is satisfied-- 18 (i) one or more of the child's parents are willing and 19 able to protect the child from harm and meet the 20 child's need for long-term stable care; and 21 (ii) it would otherwise be in the child's best interests to 22 be placed in the care of one or more of the parents 23 under this section; and 24 (d) an interim order is not in force for the child. 25 (2) The chief executive may place the child in the care of one or 26 more of the parents by giving each of the child's parents a 27 signed notice. 28 (3) On the placement of the child under subsection (2)-- 29 (a) the chief executive's guardianship of the child under 30 section 57 ends; and 31 Page 46

 


 

Adoption Bill 2009 Part 3 Custody and guardianship of a child awaiting adoption [s 61] (b) a consent to the child's adoption given by a parent of the 1 child stops having effect. 2 61 Other ending of chief executive's guardianship 3 The chief executive's guardianship of the child under section 4 57 ends if-- 5 (a) a final adoption order for the child is made; or 6 (b) a court makes an order ending the chief executive's 7 guardianship of the child; or 8 (c) under a law of another jurisdiction, the chief executive 9 agrees to someone else having guardianship of the child 10 for the purpose of the child's adoption under that law. 11 62 Guardianship under Child Protection Act not affected 12 Nothing in this division affects the chief executive (child 13 safety)'s guardianship of a child under the Child Protection 14 Act 1999. 15 Division 3 Transfer of guardianship between 16 chief executive and corresponding 17 officer for another State 18 63 Corresponding officers 19 In this division-- 20 corresponding officer, for another State, means an officer 21 with powers and functions substantially corresponding to the 22 chief executive's powers and functions under this Act. 23 64 Chief executive may renounce guardianship 24 (1) This section applies if-- 25 Page 47

 


 

Adoption Bill 2009 Part 3 Custody and guardianship of a child awaiting adoption [s 65] (a) the chief executive is a guardian of a child under section 1 57; and 2 (b) it is at least 30 days since the last consent required for 3 the adoption was given; and 4 (c) the chief executive has received a notice from a 5 corresponding officer for another State-- 6 (i) stating that the corresponding officer wishes to 7 arrange for the child's adoption in the other State; 8 and 9 (ii) asking the chief executive to renounce the chief 10 executive's guardianship of the child. 11 (2) If the chief executive is satisfied it would be in the child's best 12 interests, the chief executive may, by a signed document, 13 renounce the chief executive's guardianship of the child. 14 (3) Immediately after signing a document under subsection (2), 15 the chief executive must give to the corresponding officer the 16 document and all consents to the adoption of the child held by 17 the chief executive. 18 (4) When the chief executive gives the documents to the 19 corresponding officer, the chief executive stops having 20 guardianship of the child. 21 65 Chief executive may ask corresponding officer to 22 renounce guardianship 23 (1) This section applies if-- 24 (a) the chief executive wishes to arrange for a child's 25 adoption; and 26 (b) a corresponding officer for another State has 27 guardianship of the child under a law of the other State 28 substantially corresponding to section 57. 29 (2) The chief executive may ask the corresponding officer to give 30 the chief executive a document under which the officer 31 renounces the officer's guardianship of the child. 32 Page 48

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 66] (3) If the chief executive receives the document mentioned in 1 subsection (2), the chief executive becomes guardian of the 2 child. 3 Note-- 4 The chief executive may also ask the corresponding officer to give the 5 chief executive any of the following documents-- 6 · a consent to the adoption of the child given under the law of the 7 other State that is held by the officer 8 · a document mentioned in section 42. 9 Part 4 Recruitment and selection of 10 prospective adoptive parents 11 Division 1 Planning 12 66 Chief executive must plan for future need 13 The chief executive must plan continually for the future need 14 for adoptive parents by-- 15 (a) anticipating the numbers and characteristics of children 16 likely to need an adoptive placement by local adoption; 17 and 18 (b) anticipating the numbers and characteristics of children 19 likely to be placed for an intercountry adoption from 20 each country with which arrangements have been made 21 or with which it is anticipated arrangements will be 22 made; and 23 (c) anticipating what are likely to be the placement needs of 24 the children; and 25 (d) identifying the numbers and profiles of prospective 26 adoptive parents likely to be needed, having regard to 27 the matters mentioned in paragraphs (a) to (c). 28 Page 49

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 67] 67 Deciding number of parents to be assessed 1 (1) At least once in each financial year, the chief executive must 2 decide the numbers of persons with different profiles that it 3 would be reasonable to assess for suitability to ensure there 4 are enough suitable prospective adoptive parents to meet the 5 needs identified under section 66(d). 6 (2) In deciding the number of persons it would be reasonable to 7 assess, the chief executive must have regard to the numbers 8 and profiles of persons currently listed in the suitable adoptive 9 parents register, and to the considerations that-- 10 (a) if too few persons with appropriate profiles are assessed, 11 the need for adoptive parents may not be met within a 12 reasonable time; and 13 (b) if too many persons with appropriate profiles are 14 assessed, this-- 15 (i) may be an inefficient use of resources; and 16 (ii) may unnecessarily raise the expectations of some 17 of the assessed persons about the likelihood of 18 their adopting a child; and 19 (iii) may unnecessarily intrude on the privacy or 20 personal affairs of the persons assessed who are 21 not likely to be required. 22 Division 2 Making expressions of interest 23 68 Who may make an expression of interest 24 (1) A couple may make an expression of interest in being 25 assessed for suitability to be adoptive parents. 26 (2) A person may not make an expression of interest unless the 27 person has a spouse and makes the expression of interest 28 jointly with the person's spouse. 29 (3) A person may not express an interest if-- 30 Page 50

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 69] (a) the person's name is already in the expression of interest 1 register or suitable adoptive parents register; or 2 (b) the person has custody of a child under an interim order. 3 69 Form 4 (1) A couple make an expression of interest by giving the chief 5 executive a notice in the approved form. 6 (2) The form must be signed by the couple and by each person 7 who is, at the time the form is given to the chief executive, an 8 adult member of the couple's household. 9 (3) The information that may be required by the approved form 10 includes the following for each member of the couple-- 11 (a) information demonstrating the person's eligibility to 12 have his or her name entered in the expression of 13 interest register; 14 (b) information demonstrating the person's compliance with 15 a requirement prescribed under section 71 or another 16 requirement under this division; 17 (c) information relating to the person's profile, including-- 18 (i) any preferences of the person relating to the 19 characteristics of a child whom the person is 20 willing to adopt; and 21 (ii) other information relevant to whether the person 22 would meet the anticipated placement needs of 23 children relevant to the expression of interest; 24 (d) information relevant to the person's suitability, 25 including information about the person's health and 26 personal history; 27 (e) membership of the person's household; 28 (f) information of which the person is aware, or that the 29 person reasonably suspects, about the personal history 30 of each adult member of the person's household. 31 Page 51

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 70] (4) The approved form must include information about the 1 assessment that will be carried out under part 6 if the couple 2 are selected for assessment under division 5. 3 70 Nomination relating to local or intercountry adoption 4 (1) An expression of interest must state whether it relates to a 5 local adoption, intercountry adoption or both. 6 (2) If a couple's expression of interest relates to an intercountry 7 adoption, it must state each country for which the couple wish 8 to be considered. 9 71 Other requirements for expressing an interest 10 (1) A regulation may prescribe requirements with which a couple 11 must comply before or when expressing an interest. 12 (2) A regulation may, for example, require that the couple must-- 13 (a) attend a departmental information session within a 14 stated time before expressing an interest; or 15 (b) when expressing an interest, be able to demonstrate-- 16 (i) an ability of one or both of them to personally care 17 for a child full-time for a stated period after the 18 child is placed with them; or 19 (ii) for an expression of interest relating to an 20 intercountry adoption--an ability to meet the full 21 cost of completing the adoption process within a 22 stated period. 23 (3) A regulation may set a fee payable for an information session 24 or other thing relating to a requirement under this section. 25 72 Person may express an interest despite previous 26 expressions 27 A person may express an interest even though the person has 28 previously expressed an interest, or purported to express an 29 interest, and-- 30 Page 52

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 73] (a) the person was not eligible or, for another reason, the 1 expression of interest or purported expression of interest 2 did not comply with this division; or 3 (b) the person's name was removed from the expression of 4 interest register. 5 73 Changes to current expression of interest or relevant 6 information 7 (1) A couple with a current expression of interest may, by giving 8 a notice to the chief executive, change-- 9 (a) their preferences relating to the characteristics of a child 10 who they are willing to adopt; or 11 (b) for an expression of interest relating to an intercountry 12 adoption, a country for which they wish to be 13 considered. 14 (2) A couple with a current expression of interest may notify the 15 chief executive of any other new information or changes in 16 information previously given to the chief executive. 17 Note-- 18 See sections 82 and 115 for the obligations to notify the chief executive 19 of new information, or changes in information previously given to the 20 chief executive, relevant to eligibility or suitability. 21 74 No expressions of interest while register is closed 22 An expression of interest may not be made while the 23 expression of interest register, or a part of the register to which 24 the expression of interest relates, is closed under division 4. 25 Page 53

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 75] Division 3 Expression of interest register 1 75 Expression of interest register 2 (1) The chief executive must keep a register of persons who have 3 made an expression of interest under division 2 (the 4 expression of interest register). 5 (2) The chief executive may only, and must, enter a person's 6 name in the register if-- 7 (a) the person and the person's spouse make an expression 8 of interest under division 2; and 9 (b) the chief executive is satisfied the person and the 10 person's spouse are eligible to have their names entered 11 in the expression of interest register. 12 76 Eligibility for inclusion in register 13 (1) A person is eligible to have his or her name entered or remain 14 in the expression of interest register if-- 15 (a) the person is an adult; and 16 (b) the person or the person's spouse is an Australian 17 citizen; and 18 (c) the person is resident or domiciled in Queensland; and 19 (d) for a woman, the person is not pregnant; and 20 (e) the person is not undergoing fertility treatment and has 21 not undergone fertility treatment within the previous 6 22 months; and 23 (f) the person does not have custody of-- 24 (i) a child aged less than 1 year; or 25 (ii) a child who has been in the person's custody for 26 less than 1 year; and 27 (g) the person has a spouse who-- 28 (i) is also eligible under paragraphs (a) to (f); and 29 Page 54

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 77] (ii) is not the same gender as the person; and 1 (iii) has been the person's spouse for at least 2 years; 2 and 3 (h) the person and the person's spouse-- 4 (i) are living together; and 5 (ii) lived together for a continuous period of at least 2 6 years up to the time they made an expression of 7 interest under division 2. 8 (2) Subsection (1)(f) does not include children of whom the 9 person is an approved carer. 10 77 Notice and information to persons entered in register 11 After entering a couple's names in the expression of interest 12 register, the chief executive must give them a notice-- 13 (a) stating that their names have been entered in the 14 register; and 15 (b) explaining the selection and assessment processes; and 16 (c) containing information about the fees and other costs 17 associated with the adoption process. 18 78 Notice to persons not entered in register 19 (1) This section applies if-- 20 (a) a person has made, or has purported to make, an 21 expression of interest under division 2; but 22 (b) the chief executive considers that, under section 75(2), 23 the person's name may not be entered in the expression 24 of interest register. 25 (2) The chief executive must give the person a notice (a show 26 cause notice) stating-- 27 (a) that the person's name has not been entered in the 28 register; and 29 Page 55

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 79] (b) why the person's name has not been entered in the 1 register; and 2 (c) that the person may, within a stated time of at least 28 3 days, give the chief executive a written response about 4 entering the person's name in the register. 5 (3) The chief executive must consider any response given by the 6 person within the time stated in the show cause notice before 7 deciding whether the person's name may be entered in the 8 register. 9 (4) If the chief executive decides the person's name may not be 10 entered in the register, the chief executive must give the 11 person an information notice for the decision. 12 79 Automatic removal from register 13 (1) The chief executive must remove a person's name from the 14 expression of interest register if-- 15 (a) it is 2 years since the person's name was entered in the 16 register and the person has not been given a notice under 17 section 91 stating that the person and the person's 18 spouse have been selected for assessment; or 19 (b) the person has given the chief executive a written 20 request to remove the person's name from the register; 21 or 22 (c) the name of the person's spouse is not in the register. 23 (2) After removing the person's name under this section, the chief 24 executive must give the person a notice stating-- 25 (a) that the person's name has been removed from the 26 register; and 27 (b) the reason for the removal. 28 Note-- 29 Also, if a person is selected for assessment, the person's name is 30 removed from the expression of interest register when the assessment is 31 complete. See section 136. 32 Page 56

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 80] 80 Other removal from register 1 (1) The chief executive must remove a person's name from the 2 expression of interest register if-- 3 (a) the person or person's spouse is not eligible to have his 4 or her name remain in the register; or 5 (b) the person has not complied with a requirement under 6 section 112 to pay a prescribed fee or part of a 7 prescribed fee relating to an assessment of the person. 8 (2) The chief executive may remove a person's name from the 9 expression of interest register if-- 10 (a) the person does not comply with a notice under section 11 81 or 114 by the due day for the notice; or 12 (b) the person contravenes section 82 or 115; or 13 (c) the person gives information to the chief executive for 14 this Act that is false or misleading in a material 15 particular. 16 (3) Before removing a person's name from the register under this 17 section, the chief executive must give the person a notice (a 18 show cause notice) stating-- 19 (a) that the chief executive proposes to remove the name; 20 and 21 (b) the reason for the proposed removal; and 22 (c) that the person may, within a stated time of at least 28 23 days, give the chief executive a written response to the 24 proposed removal. 25 (4) The chief executive must consider any response given by the 26 person within the time stated in the show cause notice before 27 deciding whether to remove the person's name. 28 (5) If the chief executive decides not to remove the person's 29 name, the chief executive must give the person notice of the 30 decision. 31 Page 57

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 81] (6) If the chief executive decides to remove the person's name, 1 the chief executive must give the person an information notice 2 for the decision. 3 (7) For subsection (1)(a), a woman does not become ineligible to 4 have her name remain in the register on the ground of being 5 pregnant unless she is at least 14 weeks pregnant. 6 81 Chief executive may require further information 7 (1) This section applies to a person with a current expression of 8 interest. 9 (2) The person must give the chief executive any relevant 10 information that the chief executive reasonably requires to 11 decide whether the person-- 12 (a) is eligible to have his or her name remain in the 13 expression of interest register; or 14 (b) has complied with division 2. 15 (3) The chief executive may seek information mentioned in 16 subsection (2) by giving the person a notice stating-- 17 (a) the information that the chief executive requires; and 18 (b) the day by which the person must give the information 19 to the chief executive; and 20 (c) the consequence under subsection (7) if the information 21 is not given to the chief executive by the due day. 22 (4) The due day must be reasonable and, in any case, at least 14 23 days after the notice is given. 24 (5) The chief executive may withdraw the requirement, or part of 25 the requirement, at any time. 26 (6) On or before the due day for giving particular information, the 27 chief executive may give the person a further notice 28 substituting a later due day for giving the information if the 29 chief executive is satisfied it would be reasonable in all the 30 circumstances to do so. 31 Page 58

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 82] (7) The following applies if the person does not give required 1 information by its due day-- 2 (a) if the person's name has not been entered in the 3 expression of interest register, the person's expression of 4 interest lapses; 5 (b) if the person's name is in the expression of interest 6 register, the chief executive may remove the name under 7 section 80(2)(a); 8 (c) if the person's name is in the suitable adoptive parents 9 register, the chief executive may remove the name under 10 section 146(2)(b). 11 (8) In this section-- 12 due day, for giving information, means the day stated in the 13 notice under subsection (3)(b) or any later day substituted by 14 notice under subsection (6). 15 information includes a document. 16 82 Obligation to notify chief executive of changed or new 17 information relevant to eligibility 18 (1) This section applies if-- 19 (a) the person has given information about a matter to the 20 chief executive under this part or part 6; and 21 (b) the person becomes aware that the information has 22 changed or becomes aware of new information relating 23 to the matter; and 24 (c) the changed or new information is relevant to whether 25 the person is eligible to have his or her name entered or 26 remain in the expression of interest register. 27 (2) The person must immediately give the chief executive a notice 28 of the changed or new information. 29 Page 59

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 83] 83 Inclusion in register does not confer entitlement 1 Inclusion of a person's name in the expression of interest 2 register does not confer an entitlement on the person to be 3 assessed, or to be selected for assessment, for suitability to be 4 an adoptive parent. 5 Division 4 Closing and re-opening expression 6 of interest register 7 84 Chief executive may close register 8 (1) The chief executive may close the expression of interest 9 register, or a part of the register, if satisfied the number of 10 persons listed in the register, having regard to their profiles, is 11 significantly higher than the number needed to meet the 12 anticipated need for adoptive parents. 13 (2) The chief executive may act under subsection (1) in relation 14 to-- 15 (a) the whole of the register; or 16 (b) a part of the register relating to-- 17 (i) local adoptions; or 18 (ii) intercountry adoptions; or 19 (iii) intercountry adoptions from a stated country; or 20 (iv) adoptions of children with stated characteristics. 21 (3) The reference in subsection (1) to the anticipated need for 22 adoptive parents includes, for intercountry adoptions from a 23 particular country, the extent to which applications or 24 expressions of interest from Australian couples are being 25 received at the relevant time by the country's competent 26 authority. 27 Page 60

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 85] 85 Notice of closure 1 (1) At least 30 days before closing the expression of interest 2 register or a part of the register, the chief executive must 3 publish, in a newspaper circulating throughout the State, 4 notice of-- 5 (a) the extent of the closure; and 6 (b) the reason for the closure; and 7 (c) the last day for giving an expression of interest to the 8 chief executive before the closure. 9 (2) The notice may include any other information the chief 10 executive considers appropriate. 11 Example-- 12 If there is a time at which the chief executive anticipates the register or 13 part of the register will be re-opened, the notice may state that time. 14 (3) The chief executive may also publish the notice in other ways 15 the chief executive considers appropriate. 16 86 Periodic review of closure 17 From time to time while the expression of interest register or a 18 part of the register is closed, at intervals of not more than 6 19 months, the chief executive must consider whether the closure 20 remains appropriate. 21 87 Re-opening the register 22 (1) The chief executive may re-open the expression of interest 23 register or part of the register if satisfied it would be 24 appropriate to do so, having regard to the matters stated in 25 section 84. 26 (2) The chief executive must publish notice of the re-opening in a 27 newspaper circulating throughout the State and in any other 28 way the chief executive considers appropriate. 29 Page 61

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 88] Division 5 Selections for assessment 1 88 Selection to meet anticipated future need 2 (1) From time to time, the chief executive must select persons 3 from the expression of interest register to be assessed for 4 suitability to be an adoptive parent. 5 (2) The purpose of selections under this section is to ensure the 6 likely future need for adoptive parents identified in planning 7 under division 1 may be met. 8 (3) The chief executive must select appropriate numbers of 9 persons, with appropriate profiles, according to the likely 10 need relating to local adoptions and the likely need relating to 11 intercountry adoptions for each relevant country. 12 (4) The chief executive must be satisfied the persons selected are, 13 based on their profiles, likely to meet the anticipated 14 placement needs of children to be adopted. 15 Note-- 16 The placement needs of children to be adopted by an intercountry 17 adoption are determined having regard to matters that include the 18 requirements of the competent authority for the country that apply to 19 prospective adoptive parents of children from the country. See schedule 20 3, definition placement needs, paragraph (c). 21 (5) Subject to subsection (4), the chief executive may, in deciding 22 whom to select, give priority to-- 23 (a) a person with the same ethnic background as children to 24 be adopted; or 25 (b) a person who has previously adopted a child with 26 similar placement needs as children to be adopted; or 27 (c) a person with the earliest relevant expression of interest. 28 (6) In this section-- 29 relevant expression of interest, for a person, means-- 30 (a) if the person's name has previously been removed from 31 the expression of interest register under section 79(1)(a), 32 Page 62

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 89] the expression of interest for which the person's name 1 had been entered in the register; or 2 (b) otherwise, the person's current expression of interest. 3 89 Selection to meet needs of particular child 4 (1) This section applies if the chief executive anticipates a 5 particular child will need an adoptive placement. 6 (2) To ensure the child's placement needs are met, the chief 7 executive may select 1 or more persons under this section to 8 be assessed for suitability to be an adoptive parent of the 9 child. 10 (3) If the child has an approved carer, the chief executive may 11 select the approved carer. 12 (4) If a sibling of the child has been adopted, the chief executive 13 may select a person who adopted the sibling. 14 (5) If the chief executive considers there is no-one listed in the 15 suitable adoptive parents register who is likely to meet the 16 anticipated placement needs of the child, the chief executive 17 may select anyone who the chief executive considers is likely 18 to meet the anticipated placement needs of the child. 19 Examples of persons who may be likely to meet the anticipated placement 20 needs of a child-- 21 · for a child with a disability, a person who has previously expressed 22 an interest in adopting a child with a disability 23 · for an Aboriginal or Torres Strait Islander child, a person from the 24 child's community or language group 25 (6) A person may be selected under this section even if the 26 person-- 27 (a) does not have a conforming expression of interest; or 28 (b) is not listed in the expression of interest register; or 29 (c) does not have a spouse. 30 (7) However-- 31 Page 63

 


 

Adoption Bill 2009 Part 4 Recruitment and selection of prospective adoptive parents [s 90] (a) the chief executive may select a person listed in the 1 expression of interest register who does not have a 2 conforming expression of interest only if the person 3 agrees to being selected; and 4 (b) the chief executive may select a person who is not listed 5 in the expression of interest register only if-- 6 (i) the person agrees to being selected; and 7 (ii) the person is an adult; and 8 (iii) the person is an Australian citizen or has a spouse 9 who is an Australian citizen; and 10 (iv) the person is resident or domiciled in Queensland; 11 and 12 (v) for a person who has a spouse-- 13 (A) the spouse is not the same gender as the 14 person; and 15 (B) the person and the spouse are living together. 16 (8) In this section-- 17 conforming expression of interest, in relation to a child, 18 means a current expression of interest that-- 19 (a) relates to a local adoption or an intercountry adoption 20 from a particular country, whichever is relevant to the 21 child; and 22 (b) contains preferences that are consistent with the child's 23 characteristics. 24 90 Joint selection of spouses 25 If a person has a spouse, the chief executive may only select 26 the person for assessment jointly with the person's spouse. 27 91 Notice of selection and fees 28 (1) Immediately after selecting a person for assessment, the chief 29 executive must give the person a notice of the selection. 30 Page 64

 


 

Adoption Bill 2009 Part 5 Application by person wishing to adopt stepchild [s 92] (2) The notice must include information about the fees payable 1 under section 112. 2 Part 5 Application by person wishing 3 to adopt stepchild 4 Division 1 Making an application 5 92 Who may apply 6 (1) A person may apply to the chief executive to arrange an 7 adoption by the person of a stated child if-- 8 (a) the person is the spouse of a parent of the child; and 9 (b) the person, the person's spouse and the child are living 10 together; and 11 (c) paragraphs (a) and (b) have applied for a continuous 12 period of at least 3 years up to the time of the 13 application; and 14 (d) the person has been granted leave under the Family Law 15 Act 1975 (Cwlth), section 60G(1); and 16 (e) the person is an adult; and 17 (f) the person or the person's spouse is an Australian 18 citizen; and 19 (g) the person is resident or domiciled in Queensland; and 20 (h) the person's spouse is not the same gender as the person; 21 and 22 (i) the child is at least 5 years old and has not yet turned 17. 23 (2) Despite subsection (1)(i), the chief executive may accept an 24 application relating to a child who has turned 17 if the chief 25 executive considers-- 26 Page 65

 


 

Adoption Bill 2009 Part 5 Application by person wishing to adopt stepchild [s 93] (a) there is enough time to complete the adoption process 1 before the child turns 18; and 2 Note-- 3 An adult may not be adopted. See section 10(3). 4 (b) the grounds for making an adoption order in favour of 5 the applicant are likely to exist. 6 (3) In this section-- 7 parent does not include guardian. 8 93 Requirements for application 9 The application must be-- 10 (a) in the approved form; and 11 (b) signed by the applicant, the applicant's spouse and each 12 adult member of the applicant's household; and 13 (c) accompanied by the fee prescribed under a regulation. 14 94 Refusal of application 15 (1) The chief executive must refuse an application made, or 16 purportedly made, by a person under section 92 if the chief 17 executive is satisfied-- 18 (a) the person may not make the application under that 19 section; or 20 (b) if relevant, the application should not be accepted under 21 section 92(2). 22 (2) If the chief executive proposes to refuse the application, the 23 chief executive must give the person a notice (a show cause 24 notice) stating-- 25 (a) why it is proposed to refuse the application; and 26 (b) that the person may give the chief executive a written 27 response within a stated time of at least 28 days. 28 Page 66

 


 

Adoption Bill 2009 Part 5 Application by person wishing to adopt stepchild [s 95] (3) The chief executive must consider any response given by the 1 person within the time stated in the show cause notice before 2 deciding whether to refuse the application. 3 (4) If the chief executive decides to refuse the application, the 4 chief executive must give the person an information notice for 5 the decision. 6 95 Obligation to notify chief executive of changed or new 7 information relevant to application 8 (1) This section applies if-- 9 (a) the person has given information about a matter to the 10 chief executive under this part or part 6; and 11 (b) the person becomes aware that the information has 12 changed or becomes aware of new information relating 13 to the matter; and 14 (c) the changed or new information is relevant to a matter 15 stated in section 92(1). 16 (2) The person must immediately give the chief executive a notice 17 of the changed or new information. 18 Division 2 How chief executive must deal with 19 accepted application 20 96 Definitions for div 2 21 In this division-- 22 consent means consent to the proposed adoption given under 23 part 2. 24 dispensation application means an application under part 2, 25 division 6, for an order dispensing with the need for a parent's 26 consent. 27 parent, of a child, does not include a person if, under section 28 39, a court has dispensed with the need for the person's 29 consent to the child's adoption. 30 Page 67

 


 

Adoption Bill 2009 Part 5 Application by person wishing to adopt stepchild [s 97] 97 Application of div 2 1 This division applies to an application made under division 1 2 unless the chief executive decides under section 94 to refuse 3 the application. 4 98 Obtaining consents 5 (1) The chief executive must take steps to obtain the consent of 6 each parent. 7 (2) If the chief executive obtains the consent of each parent, the 8 chief executive must assess the applicant under part 6. 9 99 All consents not obtained 10 (1) This section applies if the chief executive-- 11 (a) becomes aware that a parent does not wish to give his or 12 her consent; or 13 (b) can not establish the identity of a parent after making all 14 reasonable enquiries; or 15 (c) can not locate a parent after making all reasonable 16 enquiries. 17 (2) The chief executive must notify the applicant that, for the 18 relevant reason mentioned in subsection (1)(a) to (c), the chief 19 executive has not obtained the consent of each parent. 20 (3) Then the chief executive must not deal further with the 21 application unless-- 22 (a) the chief executive becomes aware that the parent 23 wishes to give the consent, or identifies the parent, or 24 locates the parent, whichever is relevant; or 25 (b) the applicant makes a dispensation application. 26 (4) If the applicant makes a dispensation application, the chief 27 executive may proceed to assess the applicant under part 6, 28 pending the result of the dispensation application, as if each 29 consent had been obtained. 30 Page 68

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 100] 100 Lapsing of application 1 (1) If an application under this part has been inactive for 6 2 months, the application lapses. 3 (2) For subsection (1), an application is inactive if the chief 4 executive is not dealing with it and, under section 99, must not 5 deal further with it or, under section 114(6)(b), is not required 6 to deal further with it. 7 Part 6 Assessment of prospective 8 adoptive parents 9 Division 1 Preliminary 10 101 Who is assessed 11 (1) The chief executive must assess a person under this part if-- 12 (a) the person is selected for assessment under part 4, 13 division 5; or 14 (b) the assessment is required under section 98(2). 15 (2) Subsection (1) applies subject to section 112(4). 16 (3) The chief executive must not assess a person under this part 17 unless the assessment is required under subsection (1) or 18 allowed under section 99(4) or division 8. 19 102 Suitable adoptive parents register 20 The chief executive must keep a register (the suitable adoptive 21 parents register) for this part. 22 Page 69

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 103] 103 This part applies despite the Criminal Law (Rehabilitation 1 of Offenders) Act 1986 2 This part applies to a person despite anything in the Criminal 3 Law (Rehabilitation of Offenders) Act 1986. 4 Division 2 Purpose and scope of assessment 5 104 Purpose of assessment 6 The purpose of assessing a person is to decide if he or she is 7 suitable to be an adoptive parent. 8 105 Scope of assessment--persons selected to meet 9 anticipated future need 10 (1) This section applies to a person selected for assessment under 11 section 88. 12 (2) The chief executive must decide the person's suitability to be 13 an adoptive parent generally. 14 (3) If the chief executive considers it appropriate, the chief 15 executive may also decide the person's suitability to be an 16 adoptive parent of a child with particular characteristics. 17 (4) In deciding whether it would be appropriate to make a 18 decision mentioned in subsection (3), the chief executive must 19 consider-- 20 (a) the person's current expression of interest; and 21 (b) the likely future need for adoptive parents. 22 106 Scope of assessment--persons selected to meet needs 23 of particular child 24 (1) This section applies to a person selected for assessment under 25 section 89 in relation to the anticipated placement needs of a 26 particular child (the relevant child). 27 Page 70

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 107] (2) The chief executive must decide the person's suitability to be 1 an adoptive parent of the relevant child. 2 (3) If the chief executive considers it appropriate, the chief 3 executive may also decide-- 4 (a) the person's suitability to be an adoptive parent of a 5 child with particular characteristics other than those of 6 the relevant child; or 7 (b) the person's suitability to be an adoptive parent 8 generally. 9 (4) In deciding whether it would be appropriate to make a 10 decision mentioned in subsection (3), the chief executive must 11 consider-- 12 (a) the person's current expression of interest, if any; and 13 (b) the likely future need for adoptive parents. 14 107 Scope of assessment--persons wishing to adopt 15 stepchild 16 (1) This section applies to the assessment of a person who has 17 made an application under part 5. 18 (2) The chief executive must decide the person's suitability to be 19 an adoptive parent of the child whom the person wishes to 20 adopt. 21 Division 3 Assessment process 22 108 Joint assessment of a couple 23 (1) If a person being assessed has a spouse, the assessment must 24 be made of the person and the person's spouse jointly. 25 (2) Subsection (1) does not apply to a person being assessed after 26 making an application under part 5. 27 Page 71

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 109] 109 Assessment process 1 (1) To assess a person, the chief executive must-- 2 (a) obtain relevant information under division 4; and 3 (b) assess the person's suitability on the bases stated in 4 division 5; and 5 (c) prepare a preliminary report about the person's 6 suitability; and 7 (d) give to the person-- 8 (i) a copy of the report; and 9 (ii) a notice inviting the person to give the chief 10 executive, within a stated period of at least 28 days, 11 a written response to the report, including 12 corrections or comments about the matters stated 13 in the report; and 14 (e) after considering the person's response, if any, decide 15 whether the person is suitable. 16 Note-- 17 See division 6 for the steps following the chief executive's decision. 18 (2) If, in the course of carrying out the assessment mentioned in 19 subsection (1)(b), the chief executive is satisfied there is an 20 unacceptable risk mentioned in section 121, the chief 21 executive must prepare a preliminary report stating that the 22 person is unsuitable without any further assessment under 23 division 5. 24 (3) If, in carrying out the assessment mentioned in subsection 25 (1)(b), the chief executive is satisfied the person is unsuitable 26 on any of the other bases stated in division 5 (for example, 27 because the person does not have the health required under 28 section 122), the chief executive may prepare a preliminary 29 report stating that the person is unsuitable without any further 30 assessment under division 5. 31 (4) The chief executive must comply with subsection (1)(d) and 32 (e) even if the scope of the assessment is limited under 33 subsection (2) or (3). 34 Page 72

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 110] 110 Timing and pace of assessment 1 The chief executive may assess a person over the period, and 2 at the rate of progress, that the chief executive considers 3 appropriate, having regard to-- 4 (a) the need to carry out the assessment efficiently, 5 thoroughly, to a high standard and in compliance with 6 this Act; and 7 (b) the need to be fair to the person; and 8 (c) whether it would be appropriate to repeat a stage of the 9 assessment process; and 10 (d) the timing of a possible application for an adoption 11 order in favour of the person if the person is decided to 12 be suitable. 13 111 Consent of household members to assessment 14 (1) The assessment of a person under this part includes an 15 assessment of certain matters relating to members of the 16 person's household. 17 Note-- 18 Under section 121, a person may be unsuitable because of the risk posed 19 by a member of the person's household. 20 (2) An adult member of the person's household may give written 21 consent to being assessed under this part by signing the 22 person's expression of interest or by signing the person's 23 application under part 5 or in another way. 24 (3) If an adult member of the person's household has not given 25 written consent to being assessed under this part-- 26 (a) the chief executive may not ask the police commissioner 27 under section 116 for information, or access to the 28 police commissioner's records, relating to the household 29 member; and 30 (b) the chief executive may not ask the chief executive 31 (transport) under section 117 for a written report about 32 the household member's traffic history. 33 Page 73

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 112] (4) If an adult member of the person's household refuses to give 1 written consent to being assessed under this part, section 2 114(6) applies as if the person had failed to give information 3 required under that section within the required time. 4 112 Fees 5 (1) A regulation may prescribe fees for an assessment under this 6 part. 7 (2) A person being, or to be, assessed under this part must pay a 8 prescribed fee, or part of a prescribed fee, (the required 9 amount) when required by the chief executive. 10 (3) The requirement must be written and must state-- 11 (a) the reasonable time within which the required amount 12 must be paid; and 13 (b) the consequences of non-payment under this section and 14 section 80(1)(b). 15 (4) The chief executive need not assess the person, or continue 16 assessing the person, until the required amount is paid. 17 (5) The chief executive must not enter the person's name in the 18 suitable adoptive parents register if the required amount is not 19 paid. 20 (6) An amount stops being a required amount to the extent the 21 chief executive waives payment of it. 22 Division 4 Information to assess suitability 23 113 Application of div 4 24 This division applies to a person-- 25 (a) being assessed under this part; or 26 (b) whose name is in the suitable adoptive parents register; 27 or 28 (c) for whom an interim order is in force. 29 Page 74

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 114] 114 Chief executive may require information 1 (1) The person must give the chief executive any relevant 2 information that the chief executive reasonably requires to 3 assess the person's suitability. 4 Examples of relevant information-- 5 1 a report about the person's health, in the approved form, completed 6 by a doctor who has examined the person 7 2 a further report or opinion, from a specialist or other doctor, about a 8 stated medical condition or other stated aspect of the person's 9 health 10 3 a copy of a bench charge sheet, trial transcript or other document 11 containing information relating to a charge or conviction of the 12 person or a member of the person's household 13 (2) The chief executive may give the person a notice stating-- 14 (a) the information that the chief executive requires; and 15 (b) the day by which the person must give the information 16 to the chief executive; and 17 (c) the consequence under subsection (6) if the person does 18 not give the information to the chief executive by the 19 due day. 20 (3) The due day must be reasonable and, in any case, at least 14 21 days after the requirement is made. 22 (4) The chief executive may withdraw the requirement, or part of 23 the requirement, at any time. 24 (5) On or before the due day for giving particular information, the 25 chief executive may give the person a further notice 26 substituting a later due day for giving the information if the 27 chief executive is satisfied it would be reasonable in all the 28 circumstances to do so. 29 (6) The following applies if the person does not give required 30 information by its due day-- 31 (a) if the person's name is in the expression of interest 32 register, the chief executive may revoke the selection of 33 the person for assessment and remove the name from the 34 register under section 80(2)(a); 35 Page 75

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 115] (b) if the person is an applicant under part 5, the chief 1 executive is not required to deal further with the 2 application; 3 (c) if the person's name is in the suitable adoptive parents 4 register, the chief executive may remove the name from 5 the register under section 146(2)(b); 6 (d) if an interim order for the person is in force, the chief 7 executive may have regard to the non-compliance in 8 making a decision about an application to the court 9 relating to the interim order or a final adoption order. 10 (7) In this section-- 11 due day, for giving information, means the day stated in the 12 notice under subsection (2)(b) or any later day substituted by 13 notice under subsection (5). 14 information includes a document. 15 115 Obligation to notify chief executive of changed or new 16 information relevant to eligibility or suitability 17 (1) This section applies if-- 18 (a) the person has given information about a matter to the 19 chief executive under this part or part 4 or 5; and 20 (b) the person becomes aware that the information has 21 changed or becomes aware of new information relating 22 to the matter; and 23 (c) the changed or new information is relevant to the 24 person's suitability to be an adoptive parent. 25 (2) The person must immediately give the chief executive a notice 26 of the changed or new information. 27 (3) Without limiting subsection (1), the person must give notice 28 of a change in-- 29 (a) the person's personal history; or 30 (b) the membership of the person's household; or 31 Page 76

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 116] (c) information of which the person is aware, or that the 1 person reasonably suspects, about the personal history 2 of an adult member of the person's household. 3 (4) A reference in this section to a change in a person's personal 4 history includes, for a person with no personal history, the 5 acquisition of a personal history. 6 116 Police information 7 (1) The chief executive may ask the police commissioner for 8 information, or for access to the police commissioner's 9 records, to enable the chief executive to learn what police 10 information exists, if any, in relation to the person or an adult 11 member of the person's household. 12 (2) If there is police information about the person or household 13 member, the chief executive may ask the police commissioner 14 for a brief description of-- 15 (a) the circumstances of a conviction, charge or order 16 mentioned in the police information; or 17 (b) investigative information mentioned in the police 18 information. 19 (3) The police commissioner must comply with a request under 20 subsection (1) or (2). 21 (4) However, the duty imposed on the police commissioner to 22 comply with a request for information applies only to 23 information in the police commissioner's possession or to 24 which the police commissioner has access. 25 (5) The police commissioner need not give investigative 26 information, or give access to a record containing 27 investigative information, about the person or household 28 member to the chief executive under this section if the police 29 commissioner is reasonably satisfied that giving the 30 information or access may do any of the following-- 31 (a) prejudice the investigation of a contravention or possible 32 contravention of the law in a particular case; 33 Page 77

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 117] (b) enable the existence or identity of a confidential source 1 of information, in relation to the enforcement or 2 administration of the law, to be ascertained; 3 (c) endanger a person's life or physical safety; 4 (d) prejudice the effectiveness of a lawful method or 5 procedure for preventing, detecting, investigating or 6 dealing with a contravention or possible contravention 7 of the law. 8 (6) In this section-- 9 police information, about a person, means the following-- 10 (a) the person's criminal history; 11 (b) investigative information about the person; 12 (c) the person's domestic violence history; 13 (d) information as to whether the person is or has been-- 14 (i) the subject of a disqualification order; or 15 (ii) the respondent for an offender prohibition order. 16 117 Traffic information 17 (1) The chief executive may ask the chief executive (transport) 18 for a written report about the traffic history of the person or an 19 adult member of the person's household. 20 (2) The chief executive (transport) must comply with the request 21 despite the Transport Operations (Road Use Management) 22 Act 1995, section 77. 23 118 Consultation with appropriate Aboriginal or Torres Strait 24 Islander person 25 (1) This section applies if the person is being assessed for 26 suitability to be an adoptive parent of a child who is, or 27 children who include, an Aboriginal or Torres Strait Islander 28 child. 29 Page 78

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 119] (2) The chief executive must consult with an appropriate 1 Aboriginal or Torres Strait Islander person about-- 2 (a) Aboriginal tradition or Island custom relating to the 3 child; and 4 (b) the person's suitability. 5 119 Other information gathering 6 The chief executive may make enquiries and gather 7 information in other ways the chief executive considers 8 appropriate, including any of the following-- 9 (a) talking with the person; 10 (b) asking the person to attend and participate in a 11 workshop or similar educational activity conducted by 12 the department; 13 (c) visiting the person's home; 14 (d) talking with members of the person's family or 15 household; 16 (e) talking with referees nominated by the person; 17 (f) talking with anyone else with information relevant to the 18 person's suitability; 19 (g) obtaining expert advice about relevant health, 20 psychological or social matters; 21 (h) asking the person to prepare documents, for example, a 22 profile of the person's family; 23 (i) lawfully obtaining information from the department or 24 other departments. 25 Page 79

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 120] Division 5 Bases for deciding suitability 1 120 Application of div 5 2 This division states how the chief executive must decide 3 whether a person is suitable to be an adoptive parent. 4 121 Unacceptable risk of harm 5 (1) The chief executive must decide if the person or any member 6 of the person's household would pose an unacceptable risk of 7 harming a child adopted by the person. 8 (2) The chief executive must consider, in particular, any personal 9 history of the person or of an adult member of the person's 10 household. 11 (3) The chief executive must decide there is an unacceptable risk 12 for subsection (1) if the person or an adult member of the 13 person's household-- 14 (a) has been convicted of a disqualifying offence for which 15 an imprisonment order was imposed; or 16 (b) is subject to-- 17 (i) reporting obligations under the Child Protection 18 (Offender Prohibition Order) Act 2008; or 19 (ii) an offender prohibition order; or 20 (iii) a disqualification order; or 21 (c) has been convicted of a serious offence. 22 (4) Subsection (3)(c) does not apply if the chief executive is 23 satisfied it is an exceptional case in which it would not harm 24 the best interests of a child to be adopted by the person. 25 (5) Subject to subsection (3), if the chief executive is aware that 26 the person or a member of the person's household has been 27 convicted of, or charged with, an offence, the chief executive 28 must have regard to the following-- 29 Page 80

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 122] (a) in relation to the commission, or alleged commission, of 1 an offence by the person or household member-- 2 (i) whether it is a conviction or a charge; and 3 (ii) whether the offence is a serious offence and, if it is, 4 whether it is a disqualifying offence; and 5 (iii) when the offence was committed or is alleged to 6 have been committed; and 7 (iv) the nature of the offence and its relevance to 8 adopting children; and 9 (v) in the case of a conviction--the penalty imposed 10 by the court and if it decided not to impose an 11 imprisonment order for the offence, or decided not 12 to make a disqualification order, the court's 13 reasons for its decision; 14 (b) anything else relating to the commission, or alleged 15 commission, of the offence that the chief executive 16 reasonably considers to be relevant to the assessment of 17 the risk mentioned in subsection (1). 18 (6) If the chief executive is aware of investigative information 19 about the person or a member of the person's household, the 20 chief executive must have regard to the following-- 21 (a) when the acts or omissions constituting the alleged 22 offence to which the investigative information relates 23 were committed; 24 (b) anything else relating to the commission of the acts or 25 omissions that the chief executive reasonably considers 26 relevant to the assessment of the risk mentioned in 27 subsection (1). 28 122 Health 29 (1) The chief executive must be satisfied the person has good 30 health to provide stable, high level care for a child until 31 adulthood. 32 Page 81

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 123] (2) Without limiting subsection (1), the person does not have 1 good health for subsection (1) if the person has a disqualifying 2 condition. 3 (3) If the person has a condition other than a disqualifying 4 condition, the chief executive must have regard to-- 5 (a) its effect on the level of care the person will be able to 6 provide to an adopted child, without help from someone 7 else, and the time for which the person is likely to be 8 able to provide the care; and 9 (b) whether the person needs a carer or is likely to need a 10 carer in the future; and 11 (c) whether the condition is likely to have an adverse 12 impact on an adopted child's wellbeing or best interests. 13 (4) In this section-- 14 condition means-- 15 (a) a disability or impairment; or 16 (b) an illness or anything else that affects a person's health. 17 disqualifying condition means a condition prescribed under a 18 regulation to be a disqualifying condition for this section. 19 health means physical, psychological and mental health. 20 123 Guiding principles 21 The chief executive must have regard to the guiding principles 22 under section 6. 23 124 Capacity to be adoptive parent generally 24 The chief executive must have regard to the person's capacity 25 to be an adoptive parent, including-- 26 (a) the person's psychological capacity and other personal 27 qualities; and 28 (b) the person's financial stability and other financial 29 capacity; and 30 Page 82

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 125] (c) the person's willingness and ability to ensure a child's 1 safety and wellbeing; and 2 (d) anything else relevant to the person's capacity to provide 3 for a child's emotional, physical, educational, 4 recreational and social needs. 5 125 Good character 6 The chief executive must be satisfied the person is of good 7 character. 8 126 Attitudes to children and parenting 9 The chief executive must have regard to the person's attitudes 10 to, and understanding of-- 11 (a) children and their physical and emotional development; 12 and 13 (b) the responsibilities and duties of parenthood. 14 127 Adoptive parenting 15 The chief executive must have regard to the person's attitudes 16 to, and understanding of, the issues relevant to adoptive 17 parenting, including-- 18 (a) issues about informing a child of his or her adoption; 19 and 20 (b) the significance to an adopted child of his or her birth 21 parents and their families; and 22 (c) the importance of developing and maintaining 23 relationships with an adopted child's birth parents and 24 their families, through an open adoption arrangement, so 25 far as this is possible and in the child's best interests. 26 Page 83

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 128] 128 Quality of relationship with spouse 1 If the person has a spouse, the chief executive must have 2 regard to the quality of the person's relationship with his or 3 her spouse, including the duration and stability of the 4 relationship. 5 129 Infertility 6 If the person is infertile or has a spouse who is infertile, the 7 chief executive must have regard to the person's adjustment 8 to, and acceptance of, the infertility. 9 130 Matters relating to step-parent 10 (1) This section applies if the person is being assessed because 11 the person has made an application under part 5 relating to the 12 proposed adoption of a child of whom the person is a 13 step-parent. 14 (2) The chief executive must have regard to the nature, closeness 15 and quality of the child's relationship with the person and 16 members of the person's household. 17 131 Aboriginal or Torres Strait Islander children 18 (1) This section applies if the chief executive is making a decision 19 about the person's suitability to be an adoptive parent of a 20 child who is, or children who include, an Aboriginal or Torres 21 Strait Islander child. 22 (2) The chief executive must have regard to the person's ability 23 and willingness to-- 24 (a) help the child to maintain contact with the child's 25 community or language group; and 26 (b) help the child to develop and maintain a connection with 27 the child's Aboriginal tradition or Island custom; and 28 (c) preserve and enhance the child's sense of Aboriginal or 29 Torres Strait Islander identity. 30 Page 84

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 132] (3) If the chief executive is making a decision about the person's 1 suitability to be an adoptive parent of a particular Aboriginal 2 or Torres Strait Islander child, the chief executive must have 3 regard to the person's links with, and standing in, the child's 4 community or language group. 5 132 Other cultural matters 6 (1) This section applies if the chief executive is making a decision 7 about the person's suitability to be an adoptive parent of a 8 child who is, or children who include, a child of a particular 9 ethnic or other cultural background. 10 (2) The chief executive must have regard to the person's ability 11 and willingness to-- 12 (a) understand the child's background; and 13 (b) help the child to maintain contact with the child's 14 community or language group; and 15 (c) help the child to develop and maintain a connection with 16 the child's ethnicity or culture; and 17 (d) preserve and enhance the child's sense of ethnic or 18 cultural identity. 19 (3) If the person has a current expression of interest that relates to 20 an intercountry adoption from a particular country, the chief 21 executive must have regard to-- 22 (a) the person's attitudes to, and understanding of, the 23 country and its culture; and 24 (b) the person's ability and willingness, if the person 25 adopted a child from the country, to-- 26 (i) continue to learn about the country and its culture; 27 and 28 (ii) help the child learn about the country and its 29 culture. 30 Page 85

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 133] 133 Other prescribed matters 1 The chief executive must have regard to any other matters 2 prescribed under a regulation. 3 Division 6 Action following decision 4 134 Application of div 6 5 This division applies after the chief executive decides whether 6 a person is suitable to be an adoptive parent. 7 135 Chief executive must give notice of decision 8 (1) The chief executive must give to the person a notice of the 9 decision. 10 (2) The notice must state the reasons for the decision and the 11 information on which it is based. 12 (3) For a person assessed jointly with the person's spouse, the 13 notice must include the decisions for both the person and the 14 person's spouse. 15 (4) If the chief executive decides the person is not suitable to be 16 an adoptive parent, the chief executive must give the person an 17 information notice for the decision. 18 136 Removal from expression of interest register 19 If the person's name is in the expression of interest register, 20 the chief executive must remove the name from that register. 21 137 Entry in suitable adoptive parents register 22 (1) This section applies if-- 23 (a) the person was assessed after being selected under part 24 4, division 5; and 25 (b) the decision is that the person is suitable; and 26 Page 86

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 138] (c) for a person assessed jointly with the person's spouse, 1 the decision is that the person's spouse is suitable. 2 (2) The chief executive must enter the person's name in the 3 suitable adoptive parents register. 4 138 Preparation of report 5 (1) This section applies if-- 6 (a) the person was assessed after making an application 7 under part 5; and 8 (b) the decision is that the person is suitable. 9 (2) The chief executive must prepare a report for the Childrens 10 Court stating-- 11 (a) that the person has been assessed as suitable; and 12 (b) whether the chief executive considers-- 13 (i) an order for the child's adoption by the person 14 would better serve the child's interests than an 15 order under the Family Law Act 1975 (Cwlth), any 16 other court order or no court order; and 17 (ii) there are exceptional circumstances that warrant 18 the making of the order. 19 (3) In deciding a matter under subsection (2)(b), the chief 20 executive must consider-- 21 (a) the circumstances in which the child came to be living 22 with the person; and 23 (b) the likely effect on the child, both through childhood 24 and the rest of his or her life, of permanently ending the 25 parent-child relationship between the child's biological 26 parents and the child (even if the biological parents are 27 no longer living) or another parent-child relationship 28 that would be ended by the making of an adoption order. 29 (4) The chief executive must give the person a copy of the report. 30 (5) In this section-- 31 Page 87

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 139] suitable means suitable to be an adoptive parent of the child 1 whom the person wishes to adopt. 2 Division 7 Interstate register 3 139 Registration of person on interstate register 4 (1) This section applies if-- 5 (a) a person gives the chief executive a signed application in 6 the approved form to have the person's name entered in 7 the suitable adoptive parents register; and 8 (b) at the time the application is given, the person's name is 9 in an interstate register; and 10 (c) the person is eligible under section 76 to have his or her 11 name entered in the expression of interest register. 12 (2) The chief executive must enter the person's name in the 13 suitable adoptive parents register. 14 (3) This Act applies in relation to the person as if-- 15 (a) the person's application under subsection (1)(a) were 16 the person's current expression of interest; and 17 (b) the chief executive assessed the person, after selecting 18 the person from the expression of interest register under 19 section 88 and decided the person was suitable to be an 20 adoptive parent generally. 21 (4) In this section-- 22 interstate register means a register kept under a law of 23 another State substantially corresponding to the suitable 24 adoptive parents register. 25 Page 88

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 140] Division 8 Re-assessment of person listed in 1 suitable adoptive parents register 2 140 When a person may be re-assessed 3 (1) This section applies to a person listed in the suitable adoptive 4 parents register. 5 (2) The chief executive may re-assess the person if-- 6 (a) the chief executive becomes aware of further 7 information about the person or a member of the 8 person's household, or of a change in the person's 9 circumstances, that may be relevant to the person's 10 suitability; or 11 (b) because of the time that has passed since the person's 12 assessment, the chief executive considers it would be 13 appropriate to re-assess the person; or 14 (c) the re-assessment is required to meet the requirements 15 for an intercountry adoption from a country to which the 16 person's current expression of interest relates; or 17 (d) the chief executive is considering selecting the person 18 under part 7 as a child's prospective adoptive parent but 19 considers it would be appropriate to first assess the 20 person's suitability to be an adoptive parent of a child 21 with particular characteristics. 22 141 Conduct of re-assessment 23 Subject to this division, this part applies to the re-assessment 24 as if it were an original assessment of the person. 25 142 Re-assessment may be limited 26 Having regard to the reason for the re-assessment, the chief 27 executive must decide whether the matters relating to the 28 person's suitability that are to be considered in the 29 re-assessment are-- 30 Page 89

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 143] (a) all matters that would be considered if the re-assessment 1 were an original assessment of the person; or 2 (b) only particular matters relevant to the reason for the 3 re-assessment. 4 143 Notice of re-assessment 5 Before starting the re-assessment, the chief executive must 6 give the person a notice stating-- 7 (a) that the person is being re-assessed; and 8 (b) the reasons for the re-assessment; and 9 (c) the matters relating to the person's suitability that are to 10 be considered in the re-assessment. 11 Division 9 Removal from suitable adoptive 12 parents register 13 144 Automatic removal from register 14 The chief executive must remove a person's name from the 15 suitable adoptive parents register if-- 16 (a) a final adoption order is made in favour of the person 17 under this Act; or 18 (b) the person is selected from the suitable adoptive parents 19 register as a prospective adoptive parent by the 20 competent authority for another country, under 21 arrangements made between the chief executive and the 22 competent authority, and an adoption order is made in 23 favour of the person in the other country; or 24 (c) the person gives the chief executive a written request to 25 remove the person's name from the register. 26 Page 90

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 145] 145 Removal after re-assessment 1 The chief executive must remove a person's name from the 2 suitable adoptive parents register if, on a re-assessment under 3 division 8, the chief executive decides the person is 4 unsuitable. 5 Note-- 6 Under section 135(4), the person is given a notice of the decision stating 7 the person's right to a review of the decision. 8 146 Other grounds for removal 9 (1) The chief executive must remove a person's name from the 10 suitable adoptive parents register if-- 11 (a) for a person who was selected for assessment from the 12 expression of interest register--the person is not eligible 13 to have his or her name remain in the expression of 14 interest register under section 76; or 15 (b) for a person selected for assessment under section 16 89--the person is not a person mentioned in section 17 89(7)(b)(ii) to (v). 18 (2) The chief executive may remove a person's name from the 19 suitable adoptive parents register if-- 20 (a) the person gives information to the chief executive for 21 this Act that is false or misleading in a material 22 particular; or 23 (b) the person does not comply with a notice under section 24 114 by the due day for the notice; or 25 (c) the person contravenes section 115. 26 (3) Before removing a person's name from the register under this 27 section, the chief executive must give the person a notice (a 28 show cause notice) stating-- 29 (a) that the chief executive proposes to remove the name; 30 and 31 (b) the reason for the proposed removal; and 32 Page 91

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 147] (c) that the person may, within a stated time of at least 28 1 days, give the chief executive a written response to the 2 proposed removal. 3 (4) The chief executive must consider any response given by the 4 person within the time stated in the show cause notice before 5 deciding whether to remove the person's name. 6 (5) If the chief executive decides not to remove the person's 7 name, the chief executive must give the person notice of the 8 decision. 9 (6) If the chief executive decides to remove the person's name, 10 the chief executive must give the person an information notice 11 for the decision. 12 (7) For subsection (1)(a), a woman does not become ineligible to 13 have her name remain in the expression of interest register 14 under section 76 on the ground of being pregnant unless she is 15 at least 14 weeks pregnant. 16 Division 10 Investigative information 17 147 Police commissioner may decide that information about a 18 person is investigative information 19 (1) The police commissioner may decide under this section that 20 information about a person (the investigated person) is 21 investigative information if-- 22 (a) there is or was evidence of acts or omissions that, at the 23 time of the acts or omissions, constituted a disqualifying 24 offence (the alleged offence) by the investigated person 25 against a child or a person who was a child at the time of 26 the offence (each of whom is a complainant); and 27 (b) the police investigated the alleged offence and the 28 investigated person was formally notified about the 29 investigation, including-- 30 Page 92

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 148] (i) by participating in an interview, or by being asked 1 to participate in an interview, about the alleged 2 offence; or 3 (ii) by otherwise being given an opportunity to answer 4 allegations about the alleged offence; and 5 (c) there was sufficient evidence available that was capable 6 of establishing each element of the alleged offence but a 7 decision was made not to charge the investigated person 8 because-- 9 (i) the complainant died before the charge was 10 brought; or 11 (ii) either or both of the following applied-- 12 (A) the complainant was unwilling to proceed; 13 (B) an adult who, at the relevant time, was the 14 complainant's parent decided that, in the 15 interests of the complainant, the matter 16 should not proceed. 17 (2) Evidence of acts or omissions includes information from a 18 third party if the complainant did not make a formal complaint 19 at or about the time of the investigation. 20 (3) Despite the Police Service Administration Act 1990, 21 section 4.10, the police commissioner may not delegate the 22 police commissioner's powers under this section to anyone 23 other than a police officer of at least the rank of 24 superintendent. 25 148 Appeal from decision that information is 26 investigative information 27 (1) This section applies if the police commissioner decides that 28 information about the investigated person is investigative 29 information and gives the information to the chief executive 30 under section 116. 31 (2) The police commissioner must give notice to the investigated 32 person that-- 33 Page 93

 


 

Adoption Bill 2009 Part 6 Assessment of prospective adoptive parents [s 149] (a) the police commissioner has decided that information 1 about the person is investigative information; and 2 (b) investigative information has been given to the chief 3 executive. 4 (3) Within 28 days after being given the notice, the investigated 5 person may appeal to a Magistrates Court about the decision 6 that the information is investigative information. 7 (4) The chief executive and police commissioner must be given a 8 copy of the notice of appeal. 9 (5) The tribunal does not have jurisdiction to review a decision of 10 the police commissioner that information about a person is 11 investigative information or that information that is 12 investigative information may be given to the chief executive. 13 149 Court to decide matters afresh 14 (1) A Magistrates Court hearing an appeal under section 148 is to 15 decide afresh whether the information given to the chief 16 executive as investigative information about the investigated 17 person is investigative information. 18 (2) A person who is the relevant complainant under section 147 19 must not be asked or called on by the investigated person to 20 give evidence in person before the court. 21 (3) Subsection (2) does not prevent documentary evidence being 22 tendered and received in evidence by the court. 23 (4) After hearing the appeal, the court may confirm or set aside 24 the decision. 25 (5) For subsection (4), the court must have regard to the matters 26 the police commissioner was required to have regard to under 27 this Act when the police commissioner made the decision. 28 (6) The clerk of the court must give notice of the decision to the 29 investigated person and the chief executive. 30 Page 94

 


 

Adoption Bill 2009 Part 7 Selection of prospective adoptive parents [s 150] 150 Consequence of successful appeal 1 (1) This section applies if, on appeal, a Magistrates Court sets 2 aside the police commissioner's decision under section 147 3 that information given to the chief executive about the 4 investigated person (the relevant information) is investigative 5 information. 6 (2) If the chief executive has decided the person is not suitable, 7 the chief executive must set aside that decision and re-assess 8 the person under this part. 9 (3) An assessment of the person under this part must be carried 10 out without regard to the relevant information. 11 Part 7 Selection of prospective 12 adoptive parents 13 Division 1 Requirement to select persons as 14 prospective adoptive parents 15 151 Application of div 1 for initial selection for local 16 adoptions 17 This division applies to a child if the chief executive is the 18 child's guardian under section 57 and all consents required for 19 the child's adoption have been given. 20 152 Application of div 1 when further selection required 21 (1) This division applies to a child (whether or not the child is an 22 intercountry adoption child) if-- 23 (a) the chief executive selects the child's prospective 24 adoptive parents under division 2; and 25 (b) an interim order is made in favour of the prospective 26 adoptive parents; and 27 Page 95

 


 

Adoption Bill 2009 Part 7 Selection of prospective adoptive parents [s 153] (c) the interim order is discharged. 1 (2) This division applies to an intercountry adoption child if the 2 persons who were the child's prospective adoptive parents 3 stop having custody of the child because-- 4 (a) the chief executive, as the child's guardian under a 5 delegation from the responsible Minister under the 6 Immigration (Guardianship of Children) Act 1946 7 (Cwlth), removes the child from their custody; or 8 (b) the Childrens Court makes an order under section 9 194(1)(a). 10 (3) A reference in this section to a child's prospective adoptive 11 parents includes, for a proposed adoption by a single person, 12 that person. 13 (4) In this section-- 14 intercountry adoption child means a child brought to 15 Queensland from another country to be adopted under 16 arrangements made between the chief executive and the 17 competent authority for the other country. 18 153 Chief executive must select prospective adoptive parents 19 (1) The chief executive must select a couple or single person from 20 the suitable adoptive parents register to be the child's 21 prospective adoptive parents or parent. 22 (2) The chief executive must select a couple unless satisfied that, 23 in the particular circumstances, it would best promote the 24 child's wellbeing and best interests to select a particular 25 person from the suitable adoptive parents register who is a 26 single person. 27 Note-- 28 A single person may be selected for assessment under section 89 and 29 subsequently entered in the suitable adoptive parents register. 30 Page 96

 


 

Adoption Bill 2009 Part 7 Selection of prospective adoptive parents [s 154] Division 2 How selection must be made 1 154 Application of div 2 2 This division states how, in compliance with a requirement 3 under section 153, the chief executive must decide who to 4 select. 5 155 Child's wellbeing and best interests generally 6 The chief executive must make the selection that will best 7 promote the child's wellbeing and best interests. 8 156 Child's particular needs 9 The chief executive must have regard to the needs of the child 10 to be adopted, including any needs relating to the following 11 matters-- 12 (a) the child's age and gender; 13 (b) any Aboriginal, Torres Strait Islander or other cultural 14 background of the child; 15 (c) any existing or possible future medical condition or 16 disability of the child; 17 (d) the child's education; 18 (e) whether the child has a sibling who has been adopted or 19 is proposed to be adopted; 20 (f) the child's social background. 21 157 Preferences of parents 22 (1) The chief executive must have regard to any preferences of the 23 child's parents including, for example, preferences about-- 24 (a) the child's religious upbringing; or 25 (b) the characteristics of the child's adoptive parents and 26 adoptive family; or 27 Page 97

 


 

Adoption Bill 2009 Part 7 Selection of prospective adoptive parents [s 158] (c) the degree of openness in the adoption. 1 (2) Subsection (1) does not apply to a preference that the chief 2 executive considers is likely to be contrary to the child's 3 wellbeing or best interests. 4 158 Characteristics of persons who may be selected 5 (1) The chief executive must have regard to any of the 6 characteristics of the persons the chief executive is 7 considering selecting that are relevant to-- 8 (a) their willingness and ability to parent a child with the 9 needs of the child to be adopted; or 10 (b) the extent to which they meet the preferences of the 11 child's parents being considered under section 157. 12 (2) In this section-- 13 characteristics, of a person, includes the matters relating to 14 the person's suitability decided by the chief executive on an 15 assessment under part 6. 16 159 Eligibility 17 (1) The chief executive must be satisfied a person to be selected 18 as a prospective adoptive parent is still eligible. 19 (2) For subsection (1), a person is still eligible if-- 20 (a) for a person selected for assessment from the expression 21 of interest register--the person is still eligible to have 22 his or her name entered or remain in the expression of 23 interest register under section 76; or 24 (b) for a person selected for assessment under section 25 89--the person still complies with section 89(7)(b)(ii) 26 to (v). 27 (3) For subsection (2)(a), a woman does not become ineligible to 28 have her name remain in the expression of interest register 29 under section 76 on the ground of being pregnant unless she is 30 at least 14 weeks pregnant. 31 Page 98

 


 

Adoption Bill 2009 Part 7 Selection of prospective adoptive parents [s 160] 160 Placement with sibling 1 The chief executive must have regard to the consideration that 2 it would ordinarily be in a child's best interests to be placed 3 with the same family as any sibling of the child who is also to 4 be adopted or has previously been adopted. 5 161 Other children in adoptive family 6 (1) The chief executive must have regard to the considerations 7 that it would ordinarily be in a child's best interests-- 8 (a) to be the youngest child in the adoptive family, by at 9 least 2 years, at the time of the placement; and 10 (b) for no other children to join the adoptive family for at 11 least 1 year after the placement, whether by birth, 12 adoption, placement under the Child Protection Act 13 1999 or in another way. 14 (2) Subsection (1) applies to children in the adoptive family other 15 than any sibling of the child placed with the same family. 16 162 Initial period of full-time personal care by adoptive 17 parents 18 The chief executive must have regard to the consideration that 19 it would ordinarily be in a child's best interests to receive 20 full-time care, provided personally by one or both of the 21 persons with whom the child is placed, for at least 1 year after 22 the placement. 23 163 Additional provisions relating to Aboriginal or Torres 24 Strait Islander children 25 (1) This section applies if the child to be adopted is an Aboriginal 26 person or Torres Strait Islander. 27 (2) The chief executive must consult with an appropriate 28 Aboriginal or Torres Strait Islander person about the selection 29 decision. 30 Page 99

 


 

Adoption Bill 2009 Part 7 Selection of prospective adoptive parents [s 164] (3) The chief executive must give proper consideration to 1 selecting, in order of priority-- 2 (a) a member of the child's community or language group; 3 or 4 (b) another Aboriginal person or Torres Strait Islander who 5 is compatible with the child's community or language 6 group; or 7 (c) another Aboriginal person or Torres Strait Islander. 8 (4) This section does not limit the application of the other 9 provisions of this division to the selection of prospective 10 adoptive parents for the child. 11 Division 3 Facilitating matters between 12 parents and selected persons 13 164 Facilitating agreement or adoption plan 14 (1) This section applies after the chief executive has selected the 15 child's prospective adoptive parents under division 2. 16 (2) The chief executive must act as intermediary between the 17 child's parents and the prospective adoptive parents to-- 18 (a) facilitate an agreement between them about the degree 19 of openness there will be in the adoption; and 20 (b) facilitate preparation of an adoption plan, if a plan is 21 required under this Act or is proposed by any of them. 22 Page 100

 


 

Adoption Bill 2009 Part 8 Adoption plans [s 165] Part 8 Adoption plans 1 Division 1 General 2 165 What is an adoption plan 3 (1) An adoption plan is a written plan, agreed to by the parties to 4 the plan, about anything relating to the adopted child's 5 wellbeing or interests. 6 (2) An adoption plan may, for example, address any of the 7 following matters-- 8 (a) the degree of openness there will be in the adoption, 9 including-- 10 (i) when a party will communicate with another party; 11 and 12 (ii) how a party will communicate with another party, 13 including whether the communication will be 14 through the mailbox service or in another way that 15 does not identify the first party; and 16 (iii) the matters about which information will be 17 exchanged; 18 Examples of matters about which information may be 19 exchanged-- 20 · the child's development 21 · important events in the child's life 22 · a medical condition of the child 23 · the medical history of the child's biological family 24 (b) the adoptive parents' commitment to telling the child 25 about the adoption and helping the child understand the 26 circumstances of the adoption; 27 (c) if the child is an Aboriginal or Torres Strait Islander 28 child, how the adoptive parents will-- 29 Page 101

 


 

Adoption Bill 2009 Part 8 Adoption plans [s 166] (i) help the child to maintain contact with the child's 1 community or language group; and 2 (ii) help the child to develop and maintain a 3 connection with the child's Aboriginal tradition or 4 Island custom; and 5 (iii) preserve and enhance the child's sense of 6 Aboriginal or Torres Strait Islander identity; 7 (d) if the child has a particular ethnic or other cultural 8 background, how the adoptive parents will-- 9 (i) help the child to maintain contact with the child's 10 community or language group; and 11 (ii) help the child to develop and maintain a 12 connection with the child's ethnicity or culture; 13 and 14 (iii) preserve and enhance the child's sense of ethnic or 15 cultural identity. 16 166 Parties 17 (1) The parties to an adoption plan are the prospective adoptive 18 parents or adoptive parents and any birth parent who wishes to 19 be a party. 20 (2) The parties to an adoption plan may also include-- 21 (a) the child, if the chief executive considers it would be 22 appropriate having regard to all the circumstances 23 including the child's age and maturity; or 24 (b) a representative for the child; or 25 (c) for an intercountry adoption--the competent authority 26 for the relevant country, the chief executive or another 27 appropriate entity. 28 (3) The chief executive (child safety) must be a party to an 29 adoption plan required under section 171. 30 Page 102

 


 

Adoption Bill 2009 Part 8 Adoption plans [s 167] (4) If no birth parent wishes to be a party to an adoption plan 1 required under section 172, the chief executive must be a party 2 to the plan. 3 167 Purpose 4 The purpose of an adoption plan is to contribute to the success 5 of the adoption by ensuring parties to the adoption-- 6 (a) properly consider-- 7 (i) the matters that may affect the child's wellbeing 8 and interests; and 9 (ii) the consequences of entering into the particular 10 arrangements for the adoption (for example, the 11 degree of openness); and 12 (b) commit to practical ways to address the matters 13 mentioned in paragraph (a). 14 168 Nature of plan and limitations on operation 15 (1) An adoption plan-- 16 (a) is not enforceable; and 17 (b) does not limit the primary responsibility of the adoptive 18 parents for the child's upbringing; and 19 (c) does not entitle a member of the child's birth family or 20 anyone else to interfere in the child's upbringing or the 21 relationship between the child and adoptive parents. 22 (2) An adoption plan may not include anything that purports to 23 prevent, restrict or otherwise control the movement of a party. 24 (3) An adoption plan has no effect once the child becomes an 25 adult. 26 169 Chief executive to help 27 (1) On request by the parties to a proposed adoption or adoption, 28 the chief executive must help them to prepare an adoption 29 Page 103

 


 

Adoption Bill 2009 Part 8 Adoption plans [s 170] plan, for example, by making an officer of the department 1 available to act as an intermediary. 2 (2) If an adoption plan is required under section 172, the chief 3 executive must arrange for an appropriate Aboriginal or 4 Torres Strait Islander person to be available to help the parties 5 to prepare the plan. 6 Division 2 When is plan required 7 170 In-person contact between child and birth family 8 (1) This section applies if a birth parent and a prospective 9 adoptive parent have advised the chief executive that they 10 wish there to be in-person contact, after the adoption, between 11 the child and the child's birth family. 12 (2) An adoption plan must be agreed to, between the birth parent 13 and prospective adoptive parents, that addresses how the 14 contact will happen and the nature and frequency of the 15 contact. 16 171 Child protection order 17 (1) This section applies if a child protection order is, or has been, 18 in force for the child. 19 (2) An adoption plan must be agreed to that addresses the matters 20 stated in section 165(2)(a). 21 172 Particular Aboriginal or Torres Strait Islander placements 22 (1) This section applies if the child is an Aboriginal or Torres 23 Strait Islander child and the prospective adoptive parents are 24 not from the child's community or language group. 25 (2) An adoption plan must be agreed to that addresses the matters 26 stated in section 165(2)(c). 27 Page 104

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 173] 173 Adoption plans otherwise not compulsory 1 Unless required under sections 170 to 172, an adoption plan 2 need not be prepared. 3 Part 9 Adoption orders 4 Division 1 General matters 5 174 Court may make adoption orders 6 On an application under this part, the Childrens Court may 7 make an adoption order for the adoption of a child by the 8 person or persons named in the application. 9 175 Consents and pre-consent counselling and information 10 (1) This section does not apply to a parent if the need for the 11 parent's consent to the child's adoption has been dispensed 12 with under section 39. 13 (2) The court must not make an adoption order unless it is 14 satisfied each parent has given consent to the adoption, under 15 part 2, at least 30 days before the making of the order. 16 (3) A court must not make an adoption order unless the following 17 documents for each parent are produced to the court-- 18 (a) a document, sworn by an officer of the department, 19 stating that the officer gave a document containing the 20 prescribed information to the parent under section 23 on 21 a stated day; 22 (b) a document, sworn by a counsellor, stating that the 23 counsellor counselled the parent under section 24 on a 24 stated day or days; 25 Page 105

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 176] (c) if the parent is not an adult or section 29(3)(b) 1 applies--a document, sworn by a qualified person, 2 stating that-- 3 (i) the qualified person assessed the parent on a stated 4 day or days; and 5 (ii) in the qualified person's opinion, the parent had 6 capacity to give the consent; 7 (d) if section 29(2) applies to the parent--a declaration by 8 the Guardianship and Administration Tribunal that the 9 parent has capacity to give the consent; 10 (e) if the chief executive made an application mentioned in 11 section 29(3)(a)--a declaration made on the application 12 that the parent has capacity to give the consent. 13 (4) Subsections (2) and (3) do not apply to the making of a final 14 adoption order if an interim order is in force for the child. 15 (5) Also, subsection (3) does not apply to a parent for whom a 16 complying interstate consent under section 42 is in force. 17 (6) This section does not apply to an intercountry adoption. 18 176 Particular documents not to be served on prospective 19 adoptive parents 20 (1) In a proceeding under this part-- 21 (a) the chief executive must not serve, on a prospective 22 adoptive parent, a copy of a document mentioned in 23 section 175(3); and 24 (b) a party must not serve, on a prospective adoptive parent, 25 a copy of a document relating to the giving of consent 26 by a parent of the child. 27 (2) Subsection (1) applies despite a rule of court or other law. 28 Page 106

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 177] 177 Proceedings about whether parents have consented 1 (1) The chief executive may apply to the Childrens Court for a 2 declaration that a parent (the relevant parent) of a child has 3 given consent under part 2 to the child's adoption. 4 (2) The application may be made before or at the same time as an 5 application is made for an adoption order for the child. 6 (3) If the court is hearing an application for an interim adoption 7 order under division 2, or for a final adoption order under 8 section 188, and the court considers a proceeding about the 9 issue of consent should first be heard and decided under this 10 section, the court may direct the chief executive to make an 11 application under this section. 12 (4) The chief executive must serve a copy of the application on 13 the relevant parent. 14 (5) However, the court may dispense with the requirement to 15 serve a copy of the application on the relevant parent if the 16 court is satisfied the chief executive can not locate the relevant 17 parent after making all reasonable enquiries. 18 (6) A copy of the application served on the relevant parent must 19 state that the application may be heard and decided even 20 though the relevant parent does not appear in court. 21 (7) The prospective adoptive parents are not respondents in the 22 proceeding and must not be served with a copy of the 23 application. 24 (8) The court must hear and decide the application, in the absence 25 of the prospective adoptive parents, separately to a proceeding 26 in which the court hears and decides an application for an 27 adoption order for the child. 28 (9) The court may hear and decide the application in the absence 29 of the relevant parent only if-- 30 (a) the relevant parent has been given reasonable notice of 31 the hearing and failed to attend or continue to attend the 32 hearing; or 33 Page 107

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 178] (b) the court dispenses with the requirement to serve a copy 1 of the application on the relevant parent under 2 subsection (5). 3 (10) Subsections (8) and (9) do not limit the court's jurisdiction to 4 exclude a person from a proceeding. 5 178 Child subject to child protection order 6 (1) This section applies if the child is in the custody or 7 guardianship of the chief executive (child safety) or someone 8 else under the Child Protection Act 1999. 9 (2) The court must not make an adoption order unless a 10 document, signed by the chief executive (child safety), is 11 produced to the court stating that the chief executive (child 12 safety) considers the adoption is an appropriate way of 13 meeting the child's need for long-term stable care. 14 179 Child able to form and express views 15 (1) This section applies in relation to a child who is able to form 16 and express views about his or her adoption. 17 (2) The court must consider the child's views before deciding 18 whether to make an adoption order for the child. 19 Note-- 20 Under sections 235 and 236, someone may be appointed to give separate 21 legal representation or support to the child. 22 (3) For an adoption other than an intercountry adoption, the court 23 may make an adoption order only if the following documents 24 have been produced to the court-- 25 (a) a document, sworn by an officer of the department, 26 stating that the officer gave the information under 27 section 44 to the child on a stated day; 28 (b) a document, sworn by a counsellor under section 45, 29 stating that the counsellor counselled the child under 30 that section on a stated day or days. 31 Page 108

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 180] (4) Subsection (3) does not apply to the making of a final 1 adoption order if an interim order is already in force for the 2 child. 3 180 References to prospective adoptive parents 4 A reference in this part to a child's prospective adoptive 5 parents includes, for a proposed adoption by a single person, 6 that person. 7 Division 2 Local adoptions 8 181 Application of div 2 9 This division applies if the chief executive is a child's 10 guardian under section 57 and has selected the child's 11 prospective adoptive parents under part 7. 12 182 Application for interim order 13 (1) The chief executive may apply to the Childrens Court for an 14 interim order for the adoption of the child by the prospective 15 adoptive parents. 16 (2) The chief executive must serve a copy of the application on 17 the prospective adoptive parents. 18 (3) The chief executive must give notice of the application to each 19 person who has given consent to the child's adoption under 20 part 2. 21 (4) Subsection (3) does not apply to a person whom the chief 22 executive can not locate after making all reasonable enquiries. 23 (5) The prospective adoptive parents are respondents in the 24 proceeding. 25 (6) A person who has given consent to the child's adoption but 26 wishes to contest the application may apply to the court to be 27 included as a respondent in the proceeding. 28 Page 109

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 183] 183 Requirements for making interim order 1 (1) The court may make an interim order only if it is satisfied of 2 the following matters-- 3 (a) the child is present in Queensland; 4 (b) the proposed order will promote the child's wellbeing 5 and best interests; 6 (c) the chief executive selected the prospective adoptive 7 parents in compliance with part 7, division 2; 8 (d) each of the prospective adoptive parents-- 9 (i) is an adult; and 10 (ii) is an Australian citizen or has a spouse who is an 11 Australian citizen; and 12 (iii) is resident or domiciled in Queensland; and 13 (iv) is suitable, having regard to the matters stated in 14 part 6, division 5; 15 (e) for a female prospective adoptive parent, she is not 16 pregnant; 17 (f) any adoption plan required under part 8, division 2-- 18 (i) has been agreed; or 19 (ii) has been substantially developed. 20 (2) This section does not apply if the prospective adoptive parents 21 are habitually resident in a convention country. 22 Note-- 23 For the matters applying if the prospective adoptive parents are 24 habitually resident in a convention country, see section 213. 25 184 Period of operation of interim order 26 An interim order remains in force until the Childrens Court 27 discharges it or makes a final adoption order for the child. 28 Page 110

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 185] 185 Effect of interim order 1 (1) While an interim order is in force for the adoption of a child 2 by a person, the person has custody of the child. 3 (2) An interim order does not affect the chief executive's 4 guardianship of the child. 5 (3) While an interim order is in force, the chief executive must 6 supervise the child's wellbeing and interests. 7 186 Discharge of interim order 8 (1) The chief executive may apply to the Childrens Court to 9 discharge an interim order. 10 (2) The chief executive must serve a copy of the application on 11 the prospective adoptive parents. 12 (3) The court may discharge an interim order for a child-- 13 (a) on an application under subsection (1); or 14 (b) on an application under section 187 for a final adoption 15 order for the child. 16 (4) The court may discharge the interim order if satisfied it would 17 be contrary to the child's wellbeing or best interests to be 18 adopted by the prospective adoptive parents, having regard to 19 the relevant matters. 20 (5) Also, on an application under section 187 for a final adoption 21 order, the court may discharge the interim order if the court-- 22 (a) is not satisfied of the relevant matters; and 23 (b) considers the relevant matters are not likely to be 24 satisfied within an appropriate time. 25 (6) The discharge of an interim order does not affect the chief 26 executive's guardianship of the child. 27 (7) In this section-- 28 relevant matters means the matters under section 189 of 29 which the court must be satisfied before it may make a final 30 adoption order. 31 Page 111

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 187] 187 Application for final adoption order if interim order is in 1 force 2 (1) This section applies if an interim order is in force and the 3 child has been in the custody of the prospective adoptive 4 parents under the order for at least 1 year. 5 (2) The chief executive may apply to the Childrens Court for a 6 final adoption order for the adoption of the child by the 7 prospective adoptive parents. 8 (3) The chief executive must serve a copy of the application on 9 the prospective adoptive parents. 10 (4) The prospective adoptive parents may apply to the court for a 11 final adoption order if-- 12 (a) the child has been in their custody under the interim 13 order for at least 1 year and 30 days; and 14 (b) the chief executive has neither applied for a final 15 adoption order nor applied to discharge the interim 16 order. 17 (5) If the prospective adoptive parents apply for a final adoption 18 order, they must serve a copy of the application on the chief 19 executive. 20 (6) A person served with a copy of the application under 21 subsection (3) or (5) is a respondent in the proceeding. 22 188 Application for final adoption order in favour of approved 23 carers 24 (1) This section applies if the child's prospective adoptive parents 25 are, and have been for at least 1 year, approved carers of the 26 child. 27 (2) The chief executive may apply to the Childrens Court for a 28 final adoption order for the adoption of the child by the 29 prospective adoptive parents. 30 (3) The chief executive must serve a copy of the application on 31 the prospective adoptive parents. 32 Page 112

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 189] (4) The chief executive must give notice of the application to each 1 person who has given consent to the child's adoption under 2 part 2. 3 (5) Subsection (4) does not apply to a person whom the chief 4 executive can not locate after making all reasonable enquiries. 5 (6) The prospective adoptive parents are respondents in the 6 proceeding. 7 (7) If no interim order is in force, a person who has given consent 8 to the child's adoption but wishes to contest the application 9 may apply to the court to be included as a respondent in the 10 proceeding. 11 189 Requirements for making final adoption order 12 (1) The court may make a final adoption order for the child only 13 if it is satisfied of the following matters-- 14 (a) the child is present in Queensland; 15 (b) the proposed order will promote the child's wellbeing 16 and best interests; 17 (c) each of the prospective adoptive parents-- 18 (i) is an adult; and 19 (ii) is an Australian citizen or has a spouse who is an 20 Australian citizen; and 21 (iii) is resident or domiciled in Queensland; and 22 (iv) is suitable, having regard to the matters stated in 23 part 6, division 5; 24 (d) any adoption plan required under part 8, division 2 has 25 been agreed; 26 (e) while the child has been in their custody, the prospective 27 adoptive parents have demonstrated-- 28 (i) their willingness and ability to meet the child's 29 needs; and 30 Page 113

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 190] (ii) their commitment to any adoption plan mentioned 1 in paragraph (d); and 2 (iii) if the child has a particular ethnic or other cultural 3 background, their willingness and ability to-- 4 (A) help the child to maintain contact with the 5 child's community or language group; and 6 (B) help the child to develop and maintain a 7 connection with the child's ethnicity or 8 culture; and 9 (C) preserve and enhance the child's sense of 10 ethnic or cultural identity. 11 (2) Also, if an interim order is not in force for the child, the court 12 must be satisfied that the chief executive selected the 13 prospective adoptive parents in compliance with part 7, 14 division 2. 15 (3) This section does not apply if the prospective adoptive parent 16 is a person habitually resident in a convention country. 17 Note-- 18 For the matters applying if the prospective adoptive parents are 19 habitually resident in a convention country, see section 213. 20 190 Notice of order 21 (1) As soon as practicable after an adoption order is made, the 22 chief executive must-- 23 (a) give to the parties to the proceeding-- 24 (i) a copy of the order; and 25 (ii) a notice explaining its terms and effect; and 26 (b) give to each person who consented to the adoption under 27 part 2 a notice stating that the order has been made and 28 explaining its terms and effect. 29 (2) Subsection (1)(b) does not apply to a person whom the chief 30 executive can not locate after making all reasonable enquiries. 31 Page 114

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 191] Division 3 Intercountry adoptions 1 191 Application of div 3 2 This division applies if-- 3 (a) a child is brought to Queensland from another country 4 to be adopted under arrangements made between the 5 chief executive and the competent authority for the other 6 country; and 7 (b) the child's prospective adoptive parents, whose names 8 were on the suitable adoptive parents register, were 9 selected-- 10 (i) by the competent authority, under the 11 arrangements; or 12 (ii) by the chief executive, in the circumstances 13 mentioned in section 152(2). 14 192 Custody and guardianship if no guardian under 15 Commonwealth Act 16 (1) This section applies if there is no guardian of the child under 17 the Immigration (Guardianship of Children) Act 1946 18 (Cwlth). 19 (2) From the child's arrival in Queensland-- 20 (a) the chief executive has guardianship of the child; and 21 (b) the prospective adoptive parents have custody of the 22 child, subject to an order under section 194. 23 193 Custody and guardianship if interim order in force 24 (1) This section applies if an interim order is made in favour of 25 the prospective adoptive parents under this division. 26 (2) While the interim order is in force, the prospective adoptive 27 parents have custody of the child. 28 Page 115

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 194] (3) The interim order does not affect the chief executive's 1 guardianship of the child. 2 194 Order ending custody or discharging interim order 3 (1) The chief executive may apply to the Childrens Court for 4 either of the following orders-- 5 (a) if the child is in the custody of the prospective adoptive 6 parents under section 192--an order ending their 7 custody of the child; or 8 (b) if an interim order in favour of the prospective adoptive 9 parents is in force under this division--an order 10 discharging the interim order. 11 (2) The chief executive must serve a copy of the application on 12 the prospective adoptive parents. 13 (3) The court may make the relevant order if satisfied it would be 14 contrary to the child's wellbeing or best interests to be 15 adopted by the prospective adoptive parents, having regard to 16 the relevant matters. 17 Note-- 18 The court may also make an order discharging the interim order under 19 section 201. 20 (4) An order under this section does not affect the chief 21 executive's guardianship of the child. 22 (5) In this section-- 23 relevant matters means the matters under section 200 of 24 which the court must be satisfied before it may make a final 25 adoption order. 26 195 Application for interim order 27 (1) This section applies if-- 28 (a) the Childrens Court makes an order under section 29 194(1); and 30 Page 116

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 196] (b) the chief executive selects new prospective adoptive 1 parents from the suitable adoptive parents register. 2 Note-- 3 See section 152(2). 4 (2) The chief executive may apply to the Childrens Court for an 5 interim order for the adoption of the child by the prospective 6 adoptive parents. 7 (3) The chief executive must serve a copy of the application on 8 the prospective adoptive parents and the competent authority. 9 (4) The prospective adoptive parents are respondents in the 10 proceeding. 11 196 Requirements for making interim order 12 The court may make an interim order only if it is satisfied of 13 the following matters-- 14 (a) the child is present in Queensland; 15 (b) the child is not prevented from residing permanently in 16 Australia-- 17 (i) under a law of the Commonwealth or a State; or 18 (ii) by an order of a court of the Commonwealth or a 19 State; 20 (c) the competent authority has advised the chief executive 21 that arrangements for the adoption have been made-- 22 (i) under the law of the country; and 23 (ii) if the country is a convention country, under the 24 Hague convention; 25 (d) the competent authority for the country has agreed to the 26 adoption; 27 (e) the proposed adoption order will promote the child's 28 wellbeing and best interests; 29 Page 117

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 197] (f) if the prospective adoptive parents were selected by the 1 chief executive, they were selected in compliance with 2 part 7, division 2; 3 (g) each of the prospective adoptive parents-- 4 (i) is an adult; and 5 (ii) is an Australian citizen or has a spouse who is an 6 Australian citizen; and 7 (iii) is resident or domiciled in Queensland; and 8 (iv) is suitable, having regard to the matters stated in 9 part 6, division 5; 10 (h) for a female prospective adoptive parent, she is not 11 pregnant. 12 197 Period of operation of interim order 13 An interim order remains in force until the Childrens Court 14 discharges it or makes a final adoption order for the child. 15 198 Chief executive to supervise child's wellbeing and 16 interests 17 (1) This section applies while the child is in the custody of the 18 prospective adoptive parents-- 19 (a) under section 192; or 20 (b) because an interim order in favour of the prospective 21 adoptive parents is in force under this division; or 22 (c) because the chief executive, as the child's guardian 23 under a delegation from the responsible Minister under 24 the Immigration (Guardianship of Children) Act 1946 25 (Cwlth), placed the child in their custody. 26 (2) The chief executive must supervise the child's wellbeing and 27 interests. 28 Page 118

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 199] 199 Application for final adoption order 1 (1) This section applies if the child has been in the custody of the 2 prospective adoptive parents, for at least 1 year, as mentioned 3 in section 198(1). 4 (2) The chief executive may apply to the Childrens Court for a 5 final adoption order for the adoption of the child by the 6 prospective adoptive parents. 7 (3) The chief executive must serve a copy of the application on 8 the prospective adoptive parents. 9 (4) The prospective adoptive parents may apply to the court for a 10 final adoption order if-- 11 (a) the child has been in their custody, as mentioned in 12 section 198(1), for at least 1 year and 30 days; and 13 (b) the chief executive has neither applied for a final 14 adoption order nor applied for an order under section 15 194. 16 (5) If the prospective adoptive parents apply for a final adoption 17 order, they must serve a copy of the application on the chief 18 executive. 19 (6) A person served with a copy of the application under 20 subsection (3) or (5) is a respondent in the proceeding. 21 200 Requirements for making final adoption order 22 The court may make a final adoption order only if it is 23 satisfied of the following matters-- 24 (a) the child is present in Queensland; 25 (b) the child is not prevented from residing permanently in 26 Australia-- 27 (i) under a law of the Commonwealth or a State; or 28 (ii) by an order of a court of the Commonwealth or a 29 State; 30 (c) the competent authority has advised the chief executive 31 that arrangements for the adoption have been made-- 32 Page 119

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 201] (i) under the law of the country; and 1 (ii) if the country is a convention country, under the 2 Hague convention; 3 (d) the competent authority for the country has agreed to the 4 adoption; 5 (e) the proposed adoption order will promote the child's 6 wellbeing and best interests; 7 (f) each of the prospective adoptive parents-- 8 (i) is an adult; and 9 (ii) is an Australian citizen or has a spouse who is an 10 Australian citizen; and 11 (iii) is resident or domiciled in Queensland; and 12 (iv) is suitable, having regard to the matters stated in 13 part 6, division 5; 14 (g) while the child has been in their custody, the prospective 15 adoptive parents have demonstrated-- 16 (i) their willingness and ability to meet the child's 17 needs; and 18 (ii) if the child has a particular ethnic or other cultural 19 background, their willingness and ability to-- 20 (A) help the child to maintain contact with the 21 child's community or language group; and 22 (B) help the child to develop and maintain a 23 connection with the child's ethnicity or 24 culture; and 25 (C) preserve and enhance the child's sense of 26 ethnic or cultural identity. 27 201 Discharge of interim order on application for final order 28 (1) This section applies if, on an application for a final adoption 29 order, the court is not satisfied of the relevant matters and 30 Page 120

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 202] considers the relevant matters are not likely to be satisfied 1 within an appropriate time. 2 (2) The court may make an order discharging the interim order in 3 favour of the prospective adoptive parents. 4 (3) In this section-- 5 relevant matters means the matters under section 200 of 6 which the court must be satisfied before it may make a final 7 adoption order. 8 202 Notice of order 9 As soon as practicable after an adoption order is made, the 10 chief executive must-- 11 (a) give to the parties to the proceeding-- 12 (i) a copy of the order; and 13 (ii) a notice explaining the terms and effect of the 14 order; and 15 (b) give a copy of the order to the competent authority. 16 Division 4 Adoptions by step-parent 17 203 Meaning of suitability report 18 In this division-- 19 suitability report means a report prepared for the Childrens 20 Court by the chief executive under section 138(2). 21 204 Application by step-parent 22 (1) This section applies if a person (the step-parent)-- 23 (a) has made an application under part 5, division 1; and 24 (b) has been assessed as suitable under part 6; and 25 Page 121

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 205] (c) has received, from the chief executive, a suitability 1 report for the proposed adoption. 2 (2) The step-parent may apply to the Childrens Court for a final 3 adoption order for the adoption of the child by the step-parent. 4 (3) The application must be made jointly with the step-parent's 5 spouse. 6 205 Notice of application 7 (1) After making an application under section 204, the applicant 8 must-- 9 (a) serve a copy of the application on the chief executive; 10 and 11 (b) give notice of the application to each parent of the child 12 who has given consent to the proposed adoption under 13 part 2. 14 (2) Subsection (1)(b) does not apply to a parent whom the 15 applicant can not locate after making all reasonable enquiries. 16 206 Respondents 17 (1) The chief executive is a respondent in the proceeding. 18 (2) A person who has given consent to a proposed adoption under 19 part 2 but wishes to contest the application may apply to the 20 court to be included as a respondent in the proceeding. 21 207 Chief executive must file report 22 After being served with a copy of the application, the chief 23 executive must file the relevant suitability report in the court. 24 208 Requirements for making final adoption order 25 The court may make a final adoption order only if it is 26 satisfied of the following matters-- 27 (a) the child is present in Queensland; 28 Page 122

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 209] (b) the step-parent-- 1 (i) is an adult; and 2 (ii) is resident or domiciled in Queensland; 3 (c) the step-parent or his or her spouse is an Australian 4 citizen; and 5 (d) the step-parent is suitable, having regard to the matters 6 stated in part 6, division 5; 7 (e) an order for the child's adoption by the step-parent 8 would better promote the child's wellbeing and best 9 interests than an order under the Family Law Act 1975 10 (Cwlth), any other court order or no court order; 11 (f) there are exceptional circumstances that warrant the 12 making of the order. 13 209 Notice of order 14 As soon as practicable after a final adoption order is made, the 15 chief executive must-- 16 (a) give to the parties to the proceeding-- 17 (i) a copy of the order; and 18 (ii) a notice explaining the terms and effect of the 19 order; and 20 (b) give a notice explaining the terms and effect of the order 21 to each person who has given consent to the adoption 22 under part 2. 23 Division 5 Adoptions by residents of a 24 convention country 25 210 Application of div 5 26 This division applies to an adoption order under division 2 if 27 the prospective adoptive parents are habitually resident in a 28 convention country. 29 Page 123

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 211] 211 Selection of prospective adoptive parents 1 Despite section 181, an adoption order may be made under 2 division 2 even if the prospective adoptive parents are not 3 selected under part 7. 4 212 Application for final adoption order 5 Despite section 187(1), an application for a final adoption 6 order may be made under that section whether or not an 7 interim order is in force and whether or not the child has been 8 in the custody of the prospective adoptive parents for at least 1 9 year. 10 213 Requirements for making adoption order 11 The court may make an adoption order only if it is satisfied of 12 the following matters-- 13 (a) the child is present in Queensland; 14 (b) the child is not prevented from leaving Australia-- 15 (i) under a law of the Commonwealth or a State; or 16 (ii) by an order of a court of the Commonwealth or a 17 State; 18 (c) arrangements for the adoption have been made under the 19 Hague convention and under the law of the convention 20 country; 21 (d) the competent authority for the country has agreed to the 22 adoption; 23 (e) the child is not prevented by a law of the convention 24 country from residing permanently in that country; 25 (f) each of the prospective adoptive parents is an adult; 26 (g) the proposed order will promote the child's wellbeing 27 and best interests. 28 Page 124

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 214] Division 6 Effect of final adoption order 1 214 Effect on relationships 2 (1) This section applies on the making of a final adoption order 3 for the adoption of a child (the adopted child) by a person (the 4 adoptive parent). 5 (2) The adopted child becomes a child of the adoptive parent and 6 the adoptive parent becomes a parent of the adopted child. 7 (3) The adopted child stops being a child of a former parent and a 8 former parent stops being a parent of the adopted child. 9 (4) Other relationships are determined in accordance with 10 subsections (2) and (3). 11 (5) A former guardian stops being a guardian of the adopted 12 child. 13 (6) A former adoption order stops having effect. 14 (7) Despite subsections (3) to (6), if the final adoption order is for 15 the adopted child's adoption by the spouse of a parent of the 16 adopted child, the relationship between the adopted child and 17 that parent is not affected. 18 (8) Also despite subsections (3) to (6), for the purpose of a law 19 relating to a sexual offence for which relationships are 20 relevant, a former relationship continues, despite the final 21 adoption order, in addition to other relationships created by 22 the order. 23 (9) This section applies subject to another law that expressly 24 distinguishes between adopted children and other children. 25 (10) In this section-- 26 former adoption order means an order for the adoption of the 27 adopted child, made under this Act or another law of 28 Queensland or another jurisdiction, in force immediately 29 before the making of the final adoption order. 30 Page 125

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 215] former guardian means a person who was a guardian of the 1 adopted child immediately before the making of the final 2 adoption order. 3 former parent means a person who was a parent of the 4 adopted child immediately before the making of the final 5 adoption order. 6 former relationship means a relationship between the adopted 7 child and another person that existed immediately before the 8 making of the final adoption order. 9 Note-- 10 This section deals with the legal effect of a final adoption order on an 11 adopted child's relationship to other persons. See section 6(2)(j) for a 12 guiding principle about the continuance of emotional connections and 13 interactions with birth family members. 14 215 Child's name 15 (1) A final adoption order for a child may include-- 16 (a) an order that the child keep the child's existing surname 17 or have the same surname as an adoptive parent; and 18 (b) an order that the child-- 19 (i) keep an existing given name; or 20 (ii) have another given name agreed by the child's 21 adoptive parents as well as an existing given name; 22 or 23 (iii) have another given name agreed by the child's 24 adoptive parents instead of an existing given name. 25 (2) The court must make the order that will best promote the 26 child's wellbeing and best interests. 27 (3) The court must have regard to the child's right to preserve his 28 or her identity. 29 (4) The court must consider whether the child is generally known 30 by, or identifies with, any of the child's existing names. 31 Page 126

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 216] (5) The court must not make an order under subsection (1)(b)(iii) 1 unless satisfied it would harm the child's wellbeing or best 2 interests to keep the existing given name. 3 (6) This section does not prevent a change of the child's name 4 under another law after the final adoption order is made. 5 216 Effect of adoption orders in relation to property 6 (1) Section 214 has effect in relation to-- 7 (a) dispositions of property whether by will or otherwise; 8 and 9 (b) devolutions of property in respect of which a person dies 10 intestate. 11 (2) However, section 214 does not affect the operation of a will or 12 other instrument that distinguishes between adopted children 13 and children other than adopted children. 14 (3) This section applies subject to section 346. 15 217 Bequest by will to an unascertained adopted person 16 (1) This section applies if-- 17 (a) under a will, the testator makes a disposition of property 18 to a person who is described-- 19 (i) as being a child of the testator or of another person; 20 and 21 (ii) as having been adopted by another person; and 22 (b) the personal representative of the testator is unable to 23 find out the name and address of the adopted person. 24 (2) The personal representative must give the public trustee a 25 copy of the will and a notice stating that the personal 26 representative is unable to find out the name and address of 27 the adopted person. 28 Page 127

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 217] (3) On receipt of the copy of the will, the public trustee must give 1 the chief executive a notice asking the chief executive to take 2 steps to find out the name and address of the adopted person. 3 (4) On receipt of the request, the chief executive must take steps 4 to find out the name and address of the adopted person and, if 5 the adopted person has died, the date of the death by-- 6 (a) checking the chief executive's records; and 7 (b) asking the registrar. 8 (5) If the chief executive finds out the name, address or date of 9 death, the chief executive must give the information to the 10 public trustee. 11 (6) If the chief executive is unable to find out the name, address or 12 date of death, the chief executive must advise the public 13 trustee. 14 (7) On receiving information or advice from the chief executive 15 under subsection (5) or (6), the public trustee must give a 16 notice to the personal representative stating-- 17 (a) whether the name or address has been ascertained; or 18 (b) if it has been ascertained that the adopted person has 19 died, the date of death. 20 (8) The public trustee is a trustee for the adopted person on the 21 trusts stated in, or arising under, the will. 22 (9) If the personal representative transfers property to the public 23 trustee as trustee for the adopted person, the personal 24 representative is taken to have transferred the property to the 25 adopted person. 26 (10) Subsections (8) and (9) do not apply if the adopted person 27 died before the testator or, for another reason, is not entitled to 28 an interest under the will. 29 (11) If the public trustee gives the personal representative a notice 30 that the adopted person has disclaimed property to which the 31 adopted person was entitled under the will, the notice is, for 32 the purpose of administering the estate, sufficient evidence 33 that the adopted person has disclaimed the property. 34 Page 128

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 218] (12) This section applies only to a will made after the 1 commencement of the repealed Act, section 29A. 2 218 Transfer or distribution of property by trustee or personal 3 representative 4 (1) Subject to this section, a trustee may transfer or distribute 5 property to persons who appear entitled to it without finding 6 out whether or not an adoption has happened because of 7 which a person is or is not entitled to an interest in the 8 property. 9 (2) A trustee who transfers or distributes property under 10 subsection (1) is not liable to a person claiming directly or 11 indirectly because of an adoption unless the trustee has notice 12 of the claim before the transfer or distribution. 13 (3) This section does not affect a person's right to follow property 14 into the hands of a person, other than a purchaser for value, 15 who has received it. 16 (4) In this section-- 17 notice means written notice or other notice. 18 trustee includes a personal representative. 19 Division 7 Discharge of final adoption order 20 219 Grounds for discharge 21 (1) A final adoption order may be discharged on any of the 22 following grounds-- 23 (a) the order was made or something was done for the 24 purpose of making the order-- 25 (i) because of a false or misleading document or 26 representation; or 27 (ii) because a person acted fraudulently or used undue 28 influence on another person; or 29 Page 129

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 220] (iii) in another improper way; 1 (b) a consent required for the adoption was not given freely 2 and voluntarily by a person with capacity to give the 3 consent; 4 (c) there are other exceptional circumstances that warrant 5 the discharge. 6 (2) For this section, a person used undue influence on another 7 person if the first person-- 8 (a) used or threatened to use force or restraint against the 9 other person; or 10 (b) caused or threatened to cause injury to the other person; 11 or 12 (c) caused or threatened to cause any other detriment to the 13 other person. 14 220 Who may apply 15 Any of the following persons may apply for a final adoption 16 order to be discharged-- 17 (a) the adopted person, if he or she is an adult; 18 (b) a birth parent of the adopted person; 19 (c) an adoptive parent of the adopted person; 20 (d) the chief executive. 21 221 How to apply 22 (1) An application for the discharge of a final adoption order must 23 be made to the Supreme Court. 24 (2) The application must state the ground on which it is made. 25 (3) As soon as practicable after filing the application in the court, 26 the applicant must serve a copy of it on each party to the 27 adoption and, if the applicant is not the chief executive, on the 28 chief executive. 29 Page 130

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 222] (4) A served copy must state where and when the application is to 1 be heard. 2 (5) A copy served on a person who is a party to the adoption, 3 other than the adopted person, must also state that the 4 application may be heard and decided even though the person 5 does not appear in court. 6 (6) The court may dispense with the requirement to serve a copy 7 of the application on a person who is a party to the adoption, 8 other than the adopted person, if the court is satisfied the 9 applicant-- 10 (a) can not establish the person's identity after making all 11 reasonable enquiries; or 12 (b) can not locate the person after making all reasonable 13 enquiries. 14 222 Respondent 15 (1) A person, other than the chief executive, served with a copy of 16 the application is a respondent in the proceeding. 17 (2) If the chief executive is not the applicant, the chief executive 18 may apply to the court to be included as a respondent in the 19 proceeding. 20 223 Hearing not to be in public 21 (1) The hearing for the proceeding is not open to the public. 22 (2) However, the court may permit a person to be present during 23 the hearing if the court is satisfied it is in the interests of 24 justice. 25 224 Hearing of application in absence of party 26 (1) The court may not hear or decide the application unless the 27 adopted person or a lawyer representing the adopted person 28 appears in the proceeding. 29 Page 131

 


 

Adoption Bill 2009 Part 9 Adoption orders [s 225] (2) Otherwise, the court may hear and decide the application in 1 the absence of a person who is a party to the adoption only 2 if-- 3 (a) the person has been given reasonable notice of the 4 hearing and failed to attend or continue to attend the 5 hearing; or 6 (b) the court dispenses with the requirement to serve a copy 7 of the application on the person under section 221(6). 8 (3) Subsections (1) and (2) do not limit the court's jurisdiction to 9 exclude a person from a proceeding. 10 225 Court orders 11 (1) The court may discharge the final adoption order only if 12 satisfied of a ground mentioned in section 219. 13 (2) If the applicant is not the adopted person, the court must not 14 discharge the order if it considers the discharge is likely to be 15 contrary to the adopted person's wellbeing and best interests. 16 (3) The order may be discharged even if the adopted person is an 17 adult. 18 (4) If the adopted person is a child and has any views about the 19 proposed discharge and is able to express the views, having 20 regard to the child's age or ability to understand, the court 21 must consider the views. 22 (5) If the court makes an order discharging the final adoption 23 order, it may also make any other order it considers 24 appropriate in the interests of justice or to ensure the adopted 25 person's wellbeing and best interests including, for example, 26 an order about-- 27 (a) the ownership of property; or 28 (b) the adopted person's name; or 29 (c) if the adopted person is a child, custody or guardianship 30 of the child. 31 Page 132

 


 

Adoption Bill 2009 Part 10 Court proceedings [s 226] 226 Effect of discharge 1 (1) On the making of an order discharging the final adoption 2 order (the discharge order), the rights, privileges, duties, 3 liabilities and relationships of the child and all other persons 4 are the same as if the final adoption order had not been made. 5 (2) However, the making of the discharge order does not affect-- 6 (a) anything lawfully done, or the consequences of anything 7 lawfully done, while the final adoption order was in 8 force; or 9 (b) a right, privilege or liability acquired, accrued or 10 incurred while the final adoption order was in force. 11 (3) The discharge order does not affect a consent given to the 12 child's adoption unless the court decides otherwise. 13 (4) For the purpose of a law relating to a sexual offence for which 14 relationships are relevant, a relationship between a child and 15 another person that existed immediately before the making of 16 the discharge order continues, despite the discharge order, in 17 addition to other relationships that exist because of the 18 discharge order. 19 (5) This section applies subject to an order under section 225(5). 20 Part 10 Court proceedings 21 Division 1 Preliminary 22 227 Application of pt 10 23 This part applies to a proceeding under this Act. 24 Page 133

 


 

Adoption Bill 2009 Part 10 Court proceedings [s 228] Division 2 Constitution of court and 1 procedural provisions 2 228 Court's constitution 3 When exercising its jurisdiction under this Act, the Childrens 4 Court may not be constituted under the Childrens Court Act 5 1992, section 5(3)(c). 6 229 Court's paramount consideration 7 In exercising its jurisdiction or powers, the Childrens Court 8 must regard the wellbeing and best interests of the child as 9 paramount. 10 230 Evidence 11 (1) In a proceeding, the Childrens Court is not bound by the rules 12 of evidence, but may inform itself in any way it thinks 13 appropriate. 14 (2) If, on an application for an order, the Childrens Court is to be 15 satisfied of a matter, the court need only be satisfied of the 16 matter on the balance of probabilities. 17 231 Court to ensure parties understand proceeding 18 (1) The Childrens Court must, as far as practicable, ensure the 19 parties to a proceeding understand the nature, purpose and 20 legal implications of the proceeding and of any order or ruling 21 made by the court. 22 (2) If a party to a proceeding has a difficulty communicating in 23 English or a disability that prevents him or her from 24 understanding or taking part in the proceeding, the Childrens 25 Court must not hear the proceeding without an interpreter to 26 translate things said in the proceeding or a person to facilitate 27 his or her taking part in the proceeding. 28 Page 134

 


 

Adoption Bill 2009 Part 10 Court proceedings [s 232] 232 Expert help 1 (1) In a proceeding, the Childrens Court may appoint a person 2 having a special knowledge or skill to help the court. 3 (2) The court may act under subsection (1) on the court's own 4 initiative or on the application of a party to the proceeding. 5 233 Right of appearance and representation 6 (1) The parties to a proceeding may appear in person or be 7 represented by a lawyer. 8 (2) Also, if a child's parents for any reason can not appear in 9 person in a proceeding concerning the child, another person 10 appointed in writing by the parents may, with the leave of the 11 court, present their views and wishes. 12 (3) In this section-- 13 party, for a proceeding on an application for an adoption 14 order, includes the child. 15 234 Right of appearance of departmental coordinators 16 (1) A coordinator may appear in a proceeding. 17 (2) In this section-- 18 coordinator means an officer or employee of the department 19 who is authorised in writing by the chief executive to appear 20 in proceedings under this Act. 21 235 Separate legal representation of child 22 (1) This section applies in a proceeding on an application for an 23 order under this Act. 24 (2) If the Childrens Court considers it is in the child's best 25 interests for the child to be separately represented by a lawyer, 26 the court may-- 27 (a) order that the child be separately represented by a 28 lawyer; and 29 Page 135

 


 

Adoption Bill 2009 Part 10 Court proceedings [s 236] (b) make the other orders it considers necessary to secure 1 the child's separate legal representation. 2 (3) Without limiting subsection (2), the court must consider 3 making orders about the child's separate legal representation 4 if-- 5 (a) the application for the order is contested by a birth 6 parent; or 7 (b) the child opposes the application; or 8 (c) the application for the order is made under part 9, 9 division 4; or 10 (d) the child is or was a child in the child safety system 11 within the meaning given by the Commission for 12 Children Act, section 11A. 13 (4) The lawyer must-- 14 (a) act in the child's best interests regardless of any 15 instructions from the child; and 16 (b) as far as possible, present the child's views and wishes 17 to the court. 18 (5) In this section-- 19 child means-- 20 (a) the child whom it is proposed to adopt; and 21 (b) any birth parent who is not an adult. 22 236 Support for child 23 (1) In a proceeding on an application for an adoption order, the 24 Childrens Court may order the chief executive to appoint a 25 qualified person to support the child if the court considers it is 26 necessary in the child's best interests. 27 (2) In this section-- 28 qualified person see section 47(2). 29 Page 136

 


 

Adoption Bill 2009 Part 10 Court proceedings [s 237] 237 Legal representation of more than 1 child 1 (1) A lawyer may represent more than 1 child in the same 2 proceeding. 3 (2) However, if the court considers a lawyer should not represent 4 more than 1 child because of a conflict of interest, or a 5 possible conflict of interest, the court may order that a child 6 be represented by another lawyer. 7 238 Child can not be compelled to give evidence 8 (1) In a proceeding, a child may only be called to give evidence 9 with the leave of the Childrens Court. 10 (2) The court may grant leave only if the child-- 11 (a) is at least 12 years; and 12 (b) is represented by a lawyer; and 13 (c) agrees to give evidence. 14 (3) If the child gives evidence, he or she may be cross-examined 15 only with the leave of the court. 16 239 Court may hear submissions from non-parties to 17 proceeding 18 (1) In a proceeding, the Childrens Court may hear submissions 19 from the following persons-- 20 (a) a member of the family of the child to whom the 21 proceeding relates; 22 (b) anyone else the court considers is able to inform it on 23 any matter relevant to the proceeding. 24 (2) A submission may be made by a person's lawyer. 25 240 Transfer of proceedings 26 (1) If a magistrate constituting the Childrens Court is of the 27 opinion a proceeding before the magistrate should be heard by 28 the court constituted by a magistrate at another place, the 29 Page 137

 


 

Adoption Bill 2009 Part 10 Court proceedings [s 241] magistrate may order that the proceeding be transferred to the 1 court constituted by a magistrate at the other place. 2 (2) A magistrate may act under subsection (1) on the magistrate's 3 own initiative or on the application of a party to the 4 proceeding. 5 241 Hearing of applications together 6 (1) The Childrens Court may hear 2 or more applications for 7 orders together if, before any of the applications are decided, a 8 party to the proceeding for any of the applications asks that 9 the applications be heard together and the court considers it is 10 in the interests of justice that the applications be heard 11 together. 12 (2) Subsection (1) applies even though the parties, or all of the 13 parties, to the proceedings are not the same. 14 242 Costs 15 The parties to a proceeding in the Childrens Court for an order 16 must pay their own costs of the proceeding. 17 Division 3 Appeals 18 243 Who may appeal 19 A party to the proceeding for an application for any of the 20 following orders may appeal to the appellate court against a 21 decision on the application-- 22 (a) an order dispensing with the need for a parent's consent 23 to an adoption; 24 (b) an interim order; 25 (c) an order discharging an interim order; 26 (d) an order under section 194(1)(a) ending a person's 27 custody of a child; 28 Page 138

 


 

Adoption Bill 2009 Part 10 Court proceedings [s 244] (e) a final adoption order, but only if the decision is to 1 refuse the application; 2 (f) an order, included in a final adoption order, about the 3 adopted child's name; 4 (g) an order under section 275 that the chief executive must 5 not give particular information to a particular person. 6 244 How to start appeal 7 (1) The appeal is started by filing a notice of appeal with the 8 registrar of the appellate court. 9 (2) The appellant must serve a copy of the notice on the other 10 persons entitled to appeal against the decision. 11 (3) The notice of appeal must be filed within 28 days after the 12 decision is made. 13 (4) The court may at any time extend the period for filing the 14 notice of appeal. 15 (5) The notice of appeal must state fully the grounds of the appeal 16 and the facts relied on. 17 245 Stay of operation of decisions 18 If a person appeals against a decision under this division, the 19 decision is stayed until the end of the appeal. 20 246 Hearing procedures 21 (1) An appeal must be decided on the evidence and proceedings 22 before the Childrens Court. 23 (2) However, the appellate court may order that the appeal be 24 heard afresh, in whole or part. 25 247 Powers of appellate court 26 In deciding an appeal, the appellate court may-- 27 Page 139

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 248] (a) confirm the decision appealed against; or 1 (b) vary the decision appealed against; or 2 (c) set aside the decision and substitute another decision; or 3 (d) set aside the decision appealed against and remit the 4 matter to the Childrens Court that made the decision. 5 Part 11 Access to adoption information 6 Division 1 Preliminary 7 248 Identifying information 8 (1) A reference in this part to information that identifies a person 9 includes information that is likely to lead to the identification 10 of the person. 11 (2) Information may identify a person, if given to another person, 12 because of other information that the other person has or is 13 able to obtain. 14 Example-- 15 A person's first name may identify the person if given to someone else 16 who is able to obtain information about the person's family and the area 17 in which the person lives. 18 249 Meaning of relative 19 (1) In this part-- 20 relative means a spouse, parent, sibling or child. 21 (2) To remove any doubt, it is declared that a reference in this part 22 to a relative of an adopted person or birth parent does not 23 include a person who was his or her parent, sibling or child 24 before the adoption but is not his or her parent, sibling or child 25 after the adoption. 26 Page 140

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 250] 250 References to birth parent--who is a biological father 1 For the purpose of a reference in this part to a birth parent of 2 an adopted person, a man is the adopted person's biological 3 father only if-- 4 (a) the man is shown as the adopted person's father in the 5 register of births under the Births, Deaths and 6 Marriages Registration Act 2003; or 7 (b) the man consented to the adoption, or the need for his 8 consent was dispensed with, under the law in force at 9 the relevant time; or 10 (c) the chief executive holds a record or other sufficient 11 evidence that the man accepted paternity of the adopted 12 person before or at the time of the adoption; or 13 (d) the chief executive is otherwise satisfied, on the balance 14 of probabilities, the man is the adopted person's 15 biological father. 16 251 Application to persons who have died 17 (1) A reference in this part to an adult, in relation to a request for 18 information, includes a person who has died and who, but for 19 the death, would be an adult at the time of the request. 20 (2) A reference in this part to a person who is a child, in relation 21 to a request for information, includes a person who has died 22 and who, but for the death, would still be a child at the time of 23 the request. 24 (3) Without limiting subsections (1) and (2), a reference in this 25 part to information about a person includes information about 26 a person who has died. 27 (4) A reference in this part to a person who has a particular 28 relationship or connection with an adopted person includes a 29 person who has the relationship or connection with an adopted 30 person who has died. 31 Page 141

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 252] 252 Prescribed documents 1 A prescribed document, relating to an adoption, is a copy of 2 any of the following given or made under this Act, the 3 repealed Act or an Act repealed by the repealed Act-- 4 (a) a parent's consent to the adoption; 5 (b) an order dispensing with the need for a parent's consent 6 to the adoption; 7 (c) an adoption order. 8 253 Release of altered documents 9 (1) This section applies if-- 10 (a) the chief executive is required to give a particular 11 document to a person in response to a request under 12 division 2 or 3; and 13 (b) the document contains information (restricted 14 information) that the chief executive must not give the 15 person because of another provision of this Act to which 16 division 2 or 3 is subject. 17 (2) The chief executive may give the document after altering it so 18 the restricted information can not be read. 19 254 How request for information is made 20 (1) A request for information under division 2 or 3 must be made 21 by-- 22 (a) giving the chief executive a signed request in the 23 approved form; and 24 (b) producing for the chief executive's inspection the 25 documents prescribed under a regulation relating to the 26 person's identity. 27 (2) Before granting a person's request for information about 28 another person, the chief executive may also require the first 29 person to produce reasonable proof of his or her relationship 30 to the other person by giving the chief executive particular 31 Page 142

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 255] information or producing a particular document for the chief 1 executive's inspection. 2 Division 2 Access to particular identifying 3 information while adopted person is 4 a child 5 255 Application of div 2 6 This division applies in relation to an adopted person who is a 7 child. 8 256 Request by, or on behalf of, adopted child 9 (1) Either of the following persons (the applicant) may ask the 10 chief executive for pre-adoption information about the 11 adopted child-- 12 (a) an adoptive parent of the adopted child; 13 (b) the adopted child, but only with the consent of an 14 adoptive parent. 15 (2) The chief executive may give information in compliance with 16 the request only if written consent is given by each birth 17 parent who is identified by the information. 18 (3) A birth parent is taken to have given consent for subsection 19 (2) if the birth parent has asked for, and received, information 20 about the adopted child under section 257. 21 (4) Subject to subsection (2), the chief executive must comply 22 with the request by giving the applicant any of the following 23 held by the chief executive-- 24 (a) the adopted child's name before the adoption; 25 (b) a prescribed document; 26 (c) in relation to a birth parent of the adopted child-- 27 (i) the birth parent's name at the time of the adoption; 28 Page 143

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 257] (ii) the birth parent's date of birth; 1 (iii) the birth parent's last known name and address; 2 (d) in relation to any other adopted person who is an adult 3 and who has at least 1 birth parent who is also a birth 4 parent of the adopted child-- 5 (i) the person's date of birth; 6 (ii) the person's name immediately after the person's 7 adoption; 8 (iii) the person's last known name and address, but only 9 with the person's written consent. 10 (5) If a birth parent gives consent, it may relate to all the 11 information under subsection (4) or to all the information 12 other than the birth parent's last known name and address. 13 (6) If a person's consent is required under subsection (2) or 14 (4)(d)(iii) but the person has died, an adult relative of the 15 person may give the consent. 16 (7) If a person's consent is required under subsection (2) or 17 (4)(d)(iii) but the person does not have capacity to consent, a 18 guardian or adult relative of the person may give the consent. 19 257 Request by birth parent 20 (1) A birth parent of the adopted child may ask the chief 21 executive for information about the adopted child. 22 (2) The chief executive may give information in compliance with 23 the request only if-- 24 (a) written consent is given by an adoptive parent of the 25 child; and 26 (b) the chief executive has considered the adopted child's 27 views, if the child is able to form and express views; and 28 (c) the chief executive is satisfied that giving the 29 information is not likely to be contrary to the child's 30 wellbeing and best interests. 31 Page 144

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 257] (3) An adoptive parent is taken to have given consent for 1 subsection (2) if the adoptive parent has asked for, or given 2 consent for the adopted child to ask for, information about the 3 birth parent under section 256 and information was given 4 under that section. 5 (4) Subject to subsection (2), the chief executive must comply 6 with the request by giving the birth parent any of the 7 following held by the chief executive-- 8 (a) in relation to the adopted child-- 9 (i) his or her name immediately after the adoption; 10 (ii) his or her last known name and address; 11 (b) the name, at the time of the adoption, of an adoptive 12 parent of the adopted child; 13 (c) a prescribed document. 14 (5) If an adoptive parent gives consent, it may relate to all the 15 information under subsection (4) or to all the information 16 other than the adopted child's last known name and address. 17 (6) If the adopted child no longer has an adoptive parent, a parent 18 of the child at the time the request is made may give the 19 consent. 20 (7) If an adoptive parent of the child does not have capacity to 21 consent to the information being given, a guardian of the 22 adoptive parent or a parent of the child at the time the request 23 is made may give the consent. 24 (8) If a birth parent of the adopted child has died, an adult relative 25 of the birth parent may make a request under subsection (1) in 26 place of the birth parent. 27 (9) If a birth parent of the adopted child does not have capacity to 28 ask for information, a guardian or adult relative of the birth 29 parent may make a request under subsection (1) in place of the 30 birth parent. 31 (10) In this section-- 32 Page 145

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 258] parent, of a child, includes the chief executive (child safety), 1 or a corresponding officer in another jurisdiction, who is a 2 guardian of the child. 3 258 Taking steps to obtain consent to disclosure 4 (1) This section applies if a person's consent is required under 5 this division. 6 (2) The chief executive must take steps to contact the person and 7 ask if the person wishes to give the consent. 8 (3) Subsection (2) does not apply to a person who the chief 9 executive is aware does not wish to give the consent or to be 10 contacted for the purpose of asking for the consent. 11 259 Support for persons involved in disclosure of information 12 (1) The chief executive must provide the information, support or 13 counselling that the chief executive considers appropriate to 14 persons seeking information and persons whose consent to the 15 disclosure of information is sought. 16 (2) The purpose of providing the information, support or 17 counselling to a person is to help the person decide whether to 18 seek the information, or consent to the disclosure of the 19 information, at that time. 20 (3) The information that the chief executive may give to a person 21 making a decision mentioned in subsection (2) includes 22 personal information about another person that may influence 23 the decision. 24 260 Adoption plan may include consent or request not to be 25 asked for consent 26 (1) A person may give an information consent or non-contact 27 request to the chief executive by signing an adoption plan that 28 includes the consent or request and giving a copy of the plan 29 to the chief executive. 30 Page 146

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 261] (2) Subsection (1) does not limit the ways a person may give an 1 information consent or non-contact request to the chief 2 executive. 3 (3) In this section-- 4 information consent, of a person, means the person's consent 5 to the giving of information under this division. 6 non-contact request, by a person, means a request to the chief 7 executive not to contact the person for the purpose of asking 8 the person if he or she wishes to consent to the giving of 9 information under this division. 10 261 Access to information is subject to court order 11 This division applies subject to section 275. 12 Division 3 Access to particular information 13 when adopted person is an adult 14 262 Application of div 3 15 This division applies in relation to an adopted person who is 16 an adult. 17 263 Request by adopted person 18 (1) The adopted person may ask the chief executive for 19 pre-adoption information about the person. 20 (2) The chief executive must comply with the request by giving 21 the person any of the following held by the chief executive-- 22 (a) the person's name before the adoption; 23 (b) a prescribed document; 24 (c) in relation to a birth parent of the person-- 25 (i) the birth parent's name at the time of the adoption; 26 (ii) the birth parent's date of birth; 27 Page 147

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 264] (iii) the birth parent's last known name and address, but 1 only with his or her written consent; 2 (d) in relation to any other adopted person who is an adult 3 and who has at least 1 birth parent who is also a birth 4 parent of the first adopted person-- 5 (i) the person's date of birth; 6 (ii) the person's name immediately after the person's 7 adoption; 8 (iii) the person's last known name and address, but only 9 with the person's written consent. 10 (3) If a person's consent is required under subsection (2)(c)(iii) or 11 (d)(iii) but the person has died, an adult relative of the person 12 may give the consent. 13 (4) If a person's consent is required under subsection (2)(c)(iii) or 14 (d)(iii) but the person does not have capacity to consent, a 15 guardian or adult relative of the person may give the consent. 16 264 Request by adult relative in place of adopted person 17 (1) This section applies if the adopted person has died or does not 18 have capacity to ask for information. 19 (2) An adult relative of the adopted person may make a request 20 under section 263 for pre-adoption information about the 21 adopted person. 22 265 Request by birth parent 23 (1) A birth parent of the adopted person may ask the chief 24 executive for information about the adopted person. 25 (2) The chief executive must comply with the request by giving 26 the birth parent any of the following held by the chief 27 executive-- 28 (a) in relation to the adopted person-- 29 (i) the person's name immediately after the adoption; 30 Page 148

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 266] (ii) the person's last known name and address, but only 1 with the person's written consent; 2 (b) the name, at the time of the adoption, of an adoptive 3 parent of the adopted person; 4 (c) a prescribed document. 5 (3) If the adopted person has died, an adult relative of the person 6 may give the consent required under subsection (2)(a)(ii). 7 (4) If the adopted person does not have capacity to consent, a 8 guardian or adult relative of the person may give the consent 9 required under subsection (2)(a)(ii). 10 266 Request by adult relative in place of birth parent 11 (1) This section applies if a birth parent of an adopted person has 12 died or does not have capacity to ask for information. 13 (2) An adult relative of the birth parent may make a request under 14 section 265 for information about the adopted person. 15 267 Request by pre-adoption sibling 16 (1) An adult person (the applicant) may ask the chief executive 17 for information about the adopted person if-- 18 (a) the applicant would be a sibling of the adopted person if 19 the adoption had not happened; and 20 (b) the applicant is not also an adopted person. 21 (2) The chief executive may give information in compliance with 22 the request only if written consent is given by the adopted 23 person. 24 (3) The chief executive must not give information in compliance 25 with the request if-- 26 (a) the adoption happened before 1 June 1991; and 27 (b) a birth parent of the adopted person has made a contact 28 statement that the birth parent does not wish to be 29 contacted by the adopted person. 30 Page 149

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 268] (4) Subject to subsections (2) and (3), the chief executive must 1 comply with the request by giving the person any of the 2 following held by the chief executive-- 3 (a) the adopted person's date of birth; 4 (b) the adopted person's last known name and address; 5 (c) a prescribed document. 6 (5) If an adopted person gives consent, it may relate to all the 7 information under subsection (4) or to all the information 8 other than the adopted person's last known name and address. 9 (6) If an adopted person has died, an adult relative of the person 10 may give the consent. 11 (7) If an adopted person does not have capacity to consent, a 12 guardian or adult relative of the person may give the consent. 13 268 Limitations on access to information 14 This division applies subject to division 4 and section 275. 15 Division 4 Contact statements and related 16 matters 17 269 Contact statements 18 (1) An adopted person who is at least 17 years and 6 months old, 19 or a birth parent of an adopted person, may give the chief 20 executive a signed document in the approved form (a contact 21 statement) stating the person's wish about being contacted by 22 another stated person who may ask for information about the 23 person under division 3. 24 (2) A contact statement may state that-- 25 (a) the person does not wish to be contacted by another 26 stated person; or 27 (b) the person wishes any contact with another stated person 28 to happen only in a stated way. 29 Page 150

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 270] Examples-- 1 · contact is to happen only by telephone 2 · in-person contact is to happen only at a neutral place in the 3 presence of a mediator 4 (3) A contact statement may also state the person's wishes about 5 being contacted by the chief executive in relation to giving 6 consent to the disclosure of information about the person 7 under division 2 or 3. 8 270 Contact statement obligations for post-June 1991 9 adoptions 10 (1) This section applies if-- 11 (a) a person (the applicant) asks the chief executive, under 12 division 3, for information about another person (the 13 second person) who is an adopted person or a birth 14 parent of an adopted person; and 15 (b) the second person has given the chief executive a 16 contact statement concerning contact with the applicant; 17 and 18 (c) the adoption happened on or after 1 June 1991. 19 (2) Before giving any of the requested information to the 20 applicant, the chief executive must pass on to the applicant-- 21 (a) the contents of the contact statement; and 22 (b) if the contact statement is that the second person does 23 not wish to be contacted by the applicant-- 24 (i) the explanation for that wish (except to the extent 25 that the chief executive knows the second person 26 does not want the explanation to be passed on); or 27 (ii) if the chief executive is not aware of the 28 explanation, reasons that are typically given by 29 persons who do not wish to be contacted. 30 Page 151

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 271] 271 Contact statement obligations for pre-June 1991 1 adoptions 2 (1) This section applies if-- 3 (a) a person (the applicant) asks the chief executive, under 4 division 3, for information about another person (the 5 second person) who is an adopted person or a birth 6 parent of an adopted person; and 7 (b) the second person has given the chief executive a 8 contact statement concerning contact with the applicant; 9 and 10 (c) the adoption happened before 1 June 1991. 11 (2) Before giving any of the requested information to the 12 applicant, the chief executive must pass on the contents of the 13 contact statement to the applicant. 14 (3) If the contact statement is that the second person does not 15 wish to be contacted by the applicant, the chief executive must 16 not give any of the requested information about the second 17 person to the applicant unless-- 18 (a) a qualified officer speaks with the applicant, in person or 19 by telephone, to-- 20 (i) advise of the second person's wish not to be 21 contacted; and 22 (ii) pass on the explanation for the second person's 23 wish not to be contacted (except to the extent that 24 the chief executive knows the second person does 25 not want the explanation to be passed on) or, if the 26 chief executive is not aware of the explanation, 27 reasons that are typically given by persons who do 28 not wish to be contacted; and 29 (iii) explain the offence under section 272; and 30 (b) the applicant gives the chief executive a signed 31 statement, in the approved form, that-- 32 Page 152

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 271] (i) on a stated day, a qualified officer spoke with the 1 applicant about the matters stated in paragraph (a); 2 and 3 (ii) the applicant acknowledges -- 4 (A) the second person's wish not to be contacted; 5 and 6 (B) that it is an offence for the applicant to do a 7 thing stated in section 272(1)(d) in the 8 circumstances stated in that section. 9 (4) If the chief executive considers it appropriate, the chief 10 executive may delay giving the applicant the requested 11 information for the reasonable period required for the chief 12 executive to-- 13 (a) advise the second person that the applicant has asked the 14 chief executive for the information; and 15 (b) offer the second person an opportunity to give the chief 16 executive information, or further information, about 17 why the second person does not wish to be contacted by 18 the applicant; and 19 (c) if information is given under paragraph (b), pass it on to 20 the applicant to help the applicant better understand the 21 second person's wishes about contact. 22 (5) The chief executive may offer the applicant or second person 23 other information, counselling or support that the chief 24 executive considers appropriate (before or after the chief 25 executive discloses the information). 26 (6) In this section-- 27 qualified officer means an officer of the department who the 28 chief executive is satisfied has appropriate qualifications or 29 experience to carry out interviews under this section. 30 telephone includes any technology allowing reasonably 31 contemporaneous and continuous communication between 2 32 or more persons. 33 Page 153

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 272] 272 Offence about contact for pre-June 1991 adoptions 1 (1) A person (the first person) commits an offence if-- 2 (a) the first person knows that another person (the second 3 person) has given the chief executive a contact 4 statement stating that the second person does not wish to 5 be contacted by the first person; and 6 (b) the contact statement is current; and 7 (c) the second person is an adopted person, or a birth parent 8 of an adopted person, for an adoption that happened 9 before 1 June 1991; and 10 (d) the first person does any of the following in relation to 11 another person, knowing that the other person is the 12 second person or a relative of the second person-- 13 (i) contacts or attempts to contact the other person; 14 (ii) arranges or attempts to arrange contact with the 15 other person; 16 (iii) procures someone else to contact or arrange 17 contact with the other person. 18 Maximum penalty--100 penalty units or 2 years 19 imprisonment. 20 (2) It is a defence for a person charged with an offence against 21 subsection (1), in relation to contact with another person, to 22 prove-- 23 (a) the person had contact with the other person (the 24 previous contact) before the person acquired the 25 knowledge mentioned in subsection (1)(a) and (d); and 26 Examples-- 27 1 The person had contact with the other person in the course 28 of the person's employment before knowing the other 29 person was the second person or a relative of the second 30 person. 31 2 The person had contact with the other person before the 32 contact statement mentioned in subsection (1)(a) was given 33 to the chief executive. 34 Page 154

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 273] (b) the contact is a continuation of, or equivalent to, the 1 previous contact. 2 273 Currency and revocation of contact statements 3 (1) This section applies to a contact statement given by a person 4 to the chief executive. 5 (2) The contact statement continues in force until it is revoked by 6 the person or the person dies. 7 (3) The person may revoke the contact statement by giving the 8 chief executive a signed notice of revocation in the approved 9 form. 10 274 Persons making contact statements presumed to be 11 living 12 (1) This section applies if a person has given the chief executive a 13 contact statement and has not revoked it. 14 (2) In the absence of evidence to the contrary, the chief executive 15 must presume the person is still alive. 16 (3) The chief executive must take steps to find out whether the 17 person is still alive if-- 18 (a) the chief executive receives a request from someone (the 19 applicant) for information about the person under 20 division 3; and 21 (b) the contact statement is that the person does not wish to 22 be contacted by the applicant; and 23 (c) the chief executive is aware of information indicating 24 the person has died or may have died. 25 (4) Otherwise, the chief executive is not required to take steps at 26 any time to determine whether the person is still alive. 27 Note-- 28 Under the Births, Deaths and Marriages Registration Act 2003, section 29 48D, the chief executive and the registrar may enter into an arrangement 30 for giving information about whether a person giving a contact 31 statement has died. 32 Page 155

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 275] Division 5 Miscellaneous 1 275 Court order restricting access to information 2 (1) An application may be made to the Childrens Court for an 3 order that the chief executive must not give stated information 4 to a stated person (the relevant person) under division 2 or 3. 5 (2) The application may be made by an adopted person, a birth 6 parent or adoptive parent of an adopted person or the chief 7 executive. 8 (3) As soon as practicable after filing the application in the court, 9 the applicant must serve a copy of it on the relevant person 10 and, if the applicant is not the chief executive, serve a copy on 11 the chief executive. 12 (4) A served copy must state where and when the application is to 13 be heard. 14 (5) The court may dispense with the requirement to serve a copy 15 of the application on the relevant person if the court is 16 satisfied of any of the following matters-- 17 (a) the applicant can not locate the relevant person after 18 making all reasonable enquiries; 19 (b) there would be an unacceptable risk of harm to the 20 applicant (other than the chief executive) or someone 21 else if the relevant person were made aware of the 22 application; 23 (c) there are other special circumstances for giving the 24 dispensation. 25 (6) The court may make the order if satisfied there would be an 26 unacceptable risk of harm to the applicant (other than the 27 chief executive) or someone else if the information were 28 given. 29 (7) The application may be made and dealt with during 30 proceedings for an adoption order or after an adoption order is 31 made. 32 Page 156

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 276] (8) While the application is pending, the chief executive may 1 withhold the information from release under division 2 or 3. 2 276 Chief executive may obtain or disclose non-identifying 3 medical information 4 (1) The chief executive may contact a biological parent of an 5 adopted person for the purpose of obtaining information about 6 the medical history of the biological parent or another 7 biological relative of the adopted person. 8 (2) The chief executive may disclose, to an adopted person, 9 information about the medical history of a biological relative 10 of the adopted person. 11 (3) The chief executive may disclose, to a biological relative of an 12 adopted person, information about the adopted person's 13 medical history that relates to a condition that may have been 14 inherited from a biological relative. 15 (4) The chief executive may disclose information to a person that 16 is likely to identify an adopted person or biological relative 17 only if-- 18 (a) the chief executive-- 19 (i) could give the information to the person on a 20 request under this part; and 21 (ii) has not been asked by the biological relative or 22 adopted person not to disclose the information; or 23 (b) the chief executive is satisfied there is an unacceptable 24 risk that a person's health may be significantly adversely 25 affected if the information is not given or there are other 26 exceptional circumstances in which the disclosure is 27 justified. 28 (5) It does not matter for this section whether a person who is 29 contacted, or to whom information is given, or to whom 30 information relates, is a person who has made a contact 31 statement not to be contacted. 32 (6) At the request of a person who is an adopted person or 33 biological relative of an adopted person, the chief executive 34 Page 157

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 277] may, instead of giving the information to the person, give the 1 information to a medical practitioner nominated by the 2 person. 3 (7) Information that may be given to an adopted person under this 4 section may, for an adopted person who is a child, be given to 5 a parent of the adopted person. 6 (8) A person is not required to give or receive information under 7 this section. 8 (9) In this section-- 9 biological relative, of an adopted person, means-- 10 (a) a biological parent of the adopted person; or 11 (b) another person related to the adopted person other than a 12 person related only because of a marriage. 13 277 Intercountry adoption 14 (1) This section applies to an intercountry adoption if the relevant 15 competent authority or a birth family member has given 16 information or a document to the chief executive for the 17 purpose of giving it to the adopted person or his or her 18 adoptive parents. 19 (2) If the information or document is for the adoptive parents, the 20 chief executive must give it to the adoptive parents. 21 (3) If the information or document is for the adopted person, the 22 chief executive must, subject to any instructions from the 23 competent authority or birth family member, give the 24 information or document-- 25 (a) if the adopted person is a child--to the adoptive parents; 26 or 27 (b) if the adopted person is an adult--to the adopted person. 28 Page 158

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 278] Division 6 Mailbox service 1 278 What is the mailbox service 2 (1) The mailbox service is a service conducted by the chief 3 executive to enable parties to an adoption and other particular 4 persons to exchange information. 5 (2) The information may be-- 6 (a) non-identifying, where the persons-- 7 (i) would not otherwise be able to exchange the 8 information because of this part; or 9 (ii) are able to obtain identifying information about 10 each other but choose to communicate on a 11 non-identifying basis; or 12 (a) identifying, where the persons have identifying 13 information about each other and choose to use the 14 service to exchange information. 15 279 Other definitions for div 6 16 In this division-- 17 concerning matter see section 284(3)(b). 18 document includes any item, other than money, that the chief 19 executive considers it would be reasonably practicable to pass 20 on through the mailbox service. 21 exchange means give or receive by way of the chief 22 executive. 23 identifying information, in relation to an adoption-- 24 (a) means information that identifies a party to an adoption; 25 and 26 Note-- 27 See section 248. 28 (b) includes a photograph of a party to the adoption taken 29 when the party was at least 2 years old, other than a 30 Page 159

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 280] photograph to which an approval under section 287 1 applies. 2 money includes a gift card, cheque or money order. 3 non-identifying information means information other than 4 identifying information. 5 notice of intention means a notice under section 283. 6 participant means a person who-- 7 (a) is eligible to take part in the mailbox service under 8 section 280; and 9 (b) has given the chief executive a notice of intention. 10 280 Who is eligible to take part 11 (1) A party to an adoption may take part in the mailbox service. 12 (2) However, while an adopted person is a child, he or she may 13 take part only with the written consent of an adoptive parent. 14 (3) An adult relative of a birth parent who is not a party to the 15 adoption may take part if the birth parent gives consent, does 16 not have capacity to give consent or has died. 17 (4) A consent under this section may be limited to exchanging 18 non-identifying information. 19 281 Exchanging non-identifying information 20 A participant in the mailbox service may exchange 21 non-identifying information with another participant. 22 282 Exchanging identifying information 23 (1) A participant may exchange identifying information with 24 another participant only if-- 25 (a) either-- 26 Page 160

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 283] (i) the chief executive has given identifying 1 information to each participant on an application 2 under division 2 or 3; or 3 (ii) the participants are parties to an intercountry 4 adoption or their participation relates to an 5 intercountry adoption; and 6 (b) each participant has given a notice of intention stating 7 that he or she wishes to exchange identifying 8 information. 9 (2) For an adult relative of a birth parent who is a participant 10 under section 280(3), subsection (1)(a) applies as if the birth 11 parent were the participant instead of the adult relative. 12 283 Notice of intention to take part 13 (1) A person who wishes to take part in the mailbox service, and 14 who is eligible to take part, must-- 15 (a) give the chief executive a signed notice in the approved 16 form; and 17 (b) produce for the chief executive's inspection the 18 documents prescribed under a regulation relating to the 19 person's identity. 20 (2) The notice must state whether the person wishes to exchange 21 identifying information. 22 (3) The notice may also include other information necessary or 23 convenient to enable the person's participation. 24 Examples-- 25 1 If the person wishes to exchange only non-identifying information, 26 the person may state a name that he or she would like to use in 27 correspondence. 28 2 The person may state whether the person wishes the chief executive 29 to forward letters to the person as soon as they are received or to 30 hold any letters until the person asks for them to be forwarded or 31 collects them in person. 32 Page 161

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 284] 284 Receipt and review of documents 1 (1) A participant (the sender) may give a document to the chief 2 executive to pass on to another participant (the addressee). 3 (2) Unless, under section 282, the sender may exchange 4 identifying information with the addressee, the chief executive 5 must review the document to ensure it contains only 6 non-identifying information. 7 (3) The chief executive must also review the document to ensure 8 it does not contain anything the chief executive considers-- 9 (a) may be distressing for the addressee; or 10 (b) is abusive, offensive or intended to intimidate, harass or 11 threaten the addressee (concerning matter). 12 285 Document with no identifying information or concerning 13 matter 14 (1) This section applies if the chief executive is satisfied a 15 document received under section 284 does not contain-- 16 (a) identifying information that it may not contain; or 17 (b) any concerning matter. 18 (2) Subject to subsection (3), if the chief executive is able to pass 19 it on as requested, the chief executive must do so and then 20 notify the sender that it has been passed on. 21 (3) If the document contains information that may be distressing 22 for the addressee (for example, news of someone's death), the 23 chief executive may pass on the document in a way, and at a 24 time, that the chief executive considers may minimise the 25 possible distress. 26 Example-- 27 The chief executive may arrange for an officer of the department to pass 28 on the document personally and give support to the addressee. 29 (4) If the chief executive is not able to pass it on as requested, the 30 chief executive must-- 31 Page 162

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 286] (a) notify the sender that it is not currently possible to pass 1 on the document; and 2 (b) hold the document until it is possible to pass it on, 3 subject to any other request from the sender. 4 286 Document with identifying information or concerning 5 matter 6 (1) This section applies if the chief executive considers a 7 document received under section 284 contains-- 8 (a) identifying information that it may not contain; or 9 (b) any concerning matter. 10 (2) The chief executive must notify the sender why the document 11 may not be passed on in that form. 12 (3) On request by the sender, the chief executive must-- 13 (a) pass on a part of the document that does not contain the 14 identifying information or concerning matter; or 15 (b) pass on the document after altering it so it does not 16 contain the identifying information or concerning 17 matter; or 18 Example of alteration-- 19 blocking out parts of a letter containing identifying information 20 so those parts can not be read 21 (c) return the document to the sender; or 22 (d) destroy or otherwise deal with the document. 23 (4) If the sender does not make a request under subsection (3), the 24 chief executive may keep the document or return it to the 25 sender. 26 287 Photographs of persons more than 2 years old 27 (1) A photograph of a person aged more than 2 years, exchanged 28 between participants through the mailbox service, is taken to 29 be information that identifies the person in the photograph 30 Page 163

 


 

Adoption Bill 2009 Part 11 Access to adoption information [s 287] unless the chief executive has given an approval for the 1 participants-- 2 (a) to exchange that photograph; or 3 (b) to exchange photographs generally. 4 (2) A participant may apply to the chief executive for an approval 5 to exchange a stated photograph, or to exchange photographs 6 generally, with another stated participant. 7 (3) If the chief executive gives the approval, it must state each 8 participant (relevant participant) who may exchange the 9 relevant photograph or exchange photographs generally. 10 (4) The chief executive may give the approval if-- 11 (a) the chief executive is satisfied an exchange of the 12 particular photograph or of photographs generally by the 13 relevant participants is unlikely to-- 14 (i) harm the relevant adopted person's wellbeing or 15 best interests; or 16 (ii) enable a relevant participant to identify or locate 17 another relevant participant or party to the 18 adoption; and 19 (b) each relevant participant has given to the chief executive 20 a signed notice agreeing not to use, or attempt to use, a 21 photograph to which the approval relates to identify or 22 locate another relevant participant or party to the 23 adoption. 24 (5) If a person gives the chief executive a notice under subsection 25 (4)(b) and is given, through the mailbox service, a photograph 26 to which the approval relates, the person must not use, or 27 attempt to use, the photograph to identify or locate another 28 relevant participant or party to the adoption. 29 Maximum penalty for subsection (5)--40 penalty units. 30 Page 164

 


 

Adoption Bill 2009 Part 12 Registration of adoptions [s 288] Part 12 Registration of adoptions 1 288 Definitions for pt 12 2 In this part-- 3 adopted children register means the register, maintained 4 under the Births, Deaths and Marriages Registration Act 5 2003, section 40, for adoptions under this Act. 6 closed entry means an entry that has been closed under the 7 Births, Deaths and Marriages Registration Act 2003, section 8 14, 41A or 41B. 9 entry includes a closed entry. 10 289 Chief executive must notify registrar 11 (1) This section applies if-- 12 (a) the Childrens Court makes a final adoption order; or 13 (b) the Supreme Court makes an order discharging a final 14 adoption order. 15 (2) As soon as practicable after the order is made, the chief 16 executive must give notice of the order to the registrar. 17 290 Entitlement to certificate, information or source 18 document relating to particular entries 19 (1) This section applies to-- 20 (a) a person who has been given information under part 11, 21 division 2 or 3 about another person; or 22 (b) a birth parent of an adopted person; or 23 (c) another person prescribed under a regulation. 24 (2) On request by the person, the chief executive must give the 25 person an authorisation to obtain a certificate, information or a 26 document under this section. 27 (3) However, the authorisation-- 28 Page 165

 


 

Adoption Bill 2009 Part 12 Registration of adoptions [s 290] (a) must not relate to any information that the chief 1 executive may not disclose to the person on a request 2 under part 11; and 3 (b) may exclude information if the chief executive is 4 satisfied that allowing access to the information would 5 be an unreasonable invasion of a person's privacy or 6 otherwise unreasonably harm a person's interests. 7 Example-- 8 The authorisation may exclude a part of a document showing the 9 adopted person's birth was the result of a sexual offence. 10 (4) The person may make an application under the Births, Deaths 11 and Marriages Registration Act 2003, section 44, 12 accompanied by an authorisation from the chief executive, for 13 a certificate, information or copy of a source document 14 mentioned in that section to which the authorisation relates 15 (the requested information). 16 (5) The registrar must grant the application if it relates to an entry 17 for the adopted person in the register of births. 18 (6) Also, the registrar must grant the application if-- 19 (a) it relates to an entry for the adopted person in the 20 adopted children register; and 21 (b) the applicant is a birth parent or a relative of a birth 22 parent. 23 (7) A certificate or copy of a source document given under 24 subsection (6), or given under this section and relating to a 25 closed entry, must be endorsed `Not to be used for official 26 purposes'. 27 Page 166

 


 

Adoption Bill 2009 Part 13 Recognition of adoptions and related matters [s 291] Part 13 Recognition of adoptions and 1 related matters 2 Division 1 Recognition of interstate and 3 overseas adoptions 4 291 Recognition of Australian and New Zealand adoptions 5 (1) For the purposes of the laws of Queensland, the adoption of a 6 person in another State under the law of that State, that has not 7 been rescinded under the law of that State, has the same effect 8 as an adoption order made in Queensland under this Act, and 9 has no other effect. 10 (2) Subsection (1) applies to an adoption whether it happened 11 before or after the commencement of this Act. 12 (3) In this section-- 13 State includes New Zealand. 14 292 Recognition of adoptions granted in convention 15 countries 16 (1) This section applies to an adoption granted in a convention 17 country if-- 18 (a) when the adoption is granted-- 19 (i) the adopted child is habitually resident in a 20 convention country; and 21 (ii) the adoptive parent is habitually resident in a 22 convention country, Australia or New Zealand; and 23 (b) an adoption compliance certificate, issued in the 24 convention country in which the adoption is granted, is 25 in force for the adoption. 26 (2) The adoption has effect as if it were an adoption order made 27 under this Act. 28 Page 167

 


 

Adoption Bill 2009 Part 13 Recognition of adoptions and related matters [s 292] (3) However, subsection (2) does not apply if the Childrens Court 1 makes a declaration of non-recognition of the adoption. 2 (4) The Childrens Court may make a declaration of 3 non-recognition of the adoption if satisfied the adoption is 4 manifestly contrary to public policy, taking into account the 5 child's wellbeing and best interests. 6 (5) An interested person may apply to the Childrens Court for a 7 declaration of non-recognition of the adoption. 8 (6) Before applying for the declaration, the person must give 9 written notice-- 10 (a) if the person is the chief executive--to the 11 Commonwealth central authority; or 12 (b) otherwise--to the chief executive. 13 (7) The notice must state that the person proposes to apply for the 14 declaration and the reasons for the proposed application. 15 (8) If the chief executive is given a notice under subsection 16 (6)(b), the chief executive must give a copy of the notice to 17 the Commonwealth central authority. 18 (9) If the applicant is not the chief executive, the chief executive 19 is entitled to be joined as a party to the proceedings 20 concerning the application. 21 (10) This section is subject to division 2. 22 (11) In this section-- 23 declaration of non-recognition, of an adoption granted in a 24 convention country, means a declaration that the adoption 25 does not have effect as if it were an adoption order made 26 under this Act. 27 interested person, for an adoption, means-- 28 (a) the chief executive; or 29 (b) an adoptive parent; or 30 (c) the adopted child. 31 Page 168

 


 

Adoption Bill 2009 Part 13 Recognition of adoptions and related matters [s 293] 293 Recognition of adoptions granted in non-convention 1 countries 2 (1) This section applies to an adoption in a non-convention 3 country if-- 4 (a) the adoption was effective according to the law of that 5 country; and 6 (b) at the time at which the legal steps that resulted in the 7 adoption were commenced, the adoptive parent, or each 8 of the adoptive parents, was resident or domiciled in that 9 country and had been resident or domiciled in that 10 country for at least 1 year; and 11 (c) in consequence of the adoption, the adoptive parent or 12 adoptive parents had, or would (if the adopted person 13 had been a young child) have had, immediately 14 following the adoption, according to the law of that 15 country, a right superior to that of any biological parent 16 of the adopted person in respect of the custody of the 17 adopted person; and 18 (d) under the law of that country the adoptive parent or 19 adoptive parents were, by the adoption, placed generally 20 in relation to the adopted person in the position of a 21 parent or parents; and 22 (e) the adoption has not been rescinded under the law of 23 that country. 24 (2) For the purposes of the laws of Queensland, the adoption has 25 the same effect as an adoption order under this Act. 26 (3) If an issue relating to an adoption in a non-convention country 27 arises in a proceeding before a court, it must be presumed, in 28 the absence of evidence to the contrary, that the adoption is 29 one to which this section applies. 30 (4) However, a court may refuse to recognise an adoption as 31 being an adoption to which this section applies if it appears to 32 the court that the procedure followed or the law applied in 33 connection with the adoption involved a denial of natural 34 justice or did not comply with the requirements of substantial 35 justice. 36 Page 169

 


 

Adoption Bill 2009 Part 13 Recognition of adoptions and related matters [s 294] (5) A document purporting to be the original or a certified copy of 1 an order or record of adoption made by a court or a judicial or 2 public authority in a non-convention country is, in the absence 3 of proof to the contrary, sufficient evidence-- 4 (a) that the adoption was made in that country and is 5 effective under the law of that country; and 6 (b) that the adoption has not been rescinded. 7 (6) Except as provided in this section, the adoption of a person in 8 a non-convention country does not have effect for the 9 purposes of the laws of Queensland. 10 (7) Nothing in this section affects any right that was acquired by, 11 or became vested in, a person before the commencement of 12 the repealed Act. 13 Division 2 Simple adoptions 14 294 Definitions for div 2 15 In this division-- 16 conversion, of a simple adoption, means conversion into a full 17 adoption under article 27 of the Hague convention. 18 declaration of non-recognition, of the conversion of a simple 19 adoption, means a declaration that, despite the conversion, the 20 adoption is taken to remain a simple adoption. 21 full adoption means an adoption other than a simple adoption. 22 interested person, for an adoption, means-- 23 (a) the chief executive; or 24 (b) an adoptive parent; or 25 (c) the adopted child. 26 simple adoption means an adoption granted in a convention 27 country that, under the law of that country, does not end the 28 legal relationship between the adopted child and the 29 Page 170

 


 

Adoption Bill 2009 Part 13 Recognition of adoptions and related matters [s 295] individuals who were, immediately before the adoption, the 1 child's parents. 2 295 Simple adoption does not end parent-child relationship 3 Despite section 292(2), a simple adoption does not end the 4 legal relationship between the adopted child and the 5 individuals who were, immediately before the adoption, the 6 child's parents. 7 296 Conversion of simple adoption in convention country 8 (1) If a simple adoption is converted in a convention country, the 9 adoption is taken to be a full adoption. 10 (2) However, subsection (1) does not apply if the Childrens Court 11 makes a declaration of non-recognition of the conversion. 12 (3) The Childrens Court may make a declaration of 13 non-recognition of the conversion if it is satisfied the 14 conversion is manifestly contrary to public policy, taking into 15 account the child's best interests. 16 (4) An interested person may apply to the Childrens Court for a 17 declaration of non-recognition of the conversion. 18 (5) Before applying for the declaration, the person must give a 19 notice-- 20 (a) if the person is the chief executive--to the 21 Commonwealth central authority; or 22 (b) otherwise--to the chief executive. 23 (6) The notice must state that the person proposes to apply for the 24 declaration and the reasons for the proposed application. 25 (7) If the chief executive is given a notice under subsection 26 (5)(b), the chief executive must give a copy of the notice to 27 the Commonwealth central authority. 28 (8) If the applicant is not the chief executive, the chief executive 29 is entitled to be joined as a party to the proceedings 30 concerning the application. 31 Page 171

 


 

Adoption Bill 2009 Part 13 Recognition of adoptions and related matters [s 297] 297 Conversion of simple adoption by Childrens Court 1 (1) An adoptive parent of a child under a simple adoption may 2 apply to the Childrens Court for an order declaring the 3 adoption to have effect as a full adoption. 4 (2) The applicant must serve a copy of the application on the 5 chief executive. 6 (3) The served copy must state the applicant's reasons for the 7 application. 8 (4) The chief executive must give a copy of the application to the 9 Commonwealth central authority. 10 (5) The chief executive is entitled to be joined as a party to the 11 proceedings concerning the application. 12 (6) The court may make the order only if satisfied-- 13 (a) an adoption compliance certificate, issued in the 14 convention country in which the adoption was granted, 15 is in force for the adoption; and 16 (b) the adoptive parent is habitually resident in Queensland; 17 and 18 (c) when the adoption was granted, the adopted child was 19 habitually resident in the convention country; and 20 (d) if the adopted child is not in Australia when the court 21 proposes to make the declaration--the child is not 22 prevented from entering Australia-- 23 (i) under a law of the Commonwealth or a State; or 24 (ii) by an order of a court of the Commonwealth or a 25 State; and 26 (e) the child is not prevented from residing permanently in 27 Australia-- 28 (i) under a law of the Commonwealth or a State; or 29 (ii) by an order of a court of the Commonwealth or a 30 State. 31 Page 172

 


 

Adoption Bill 2009 Part 13 Recognition of adoptions and related matters [s 298] (7) If the court makes the order, the adoption has effect as a full 1 adoption. 2 Division 3 Other matters concerning overseas 3 adoptions 4 298 Chief executive to have limited supervision of adopted 5 children 6 (1) This section applies if-- 7 (a) a child is adopted, in a country other than Australia or 8 New Zealand, under arrangements made between the 9 chief executive and the competent authority for the other 10 country; and 11 (b) the adoption has been in force for less than 1 year; and 12 (c) the child is present in Queensland. 13 (2) The chief executive may supervise the wellbeing and interests 14 of the child for the prescribed period, starting on the day the 15 child arrives in Queensland. 16 (3) A person must allow an authorised officer reasonable access 17 to the child to carry out the supervision. 18 (4) It does not matter for subsection (1)(a) whether the adoption is 19 one that, under this Act, has the same effect as an adoption 20 order under this Act. 21 (5) In this section-- 22 authorised officer means an officer of the department, or 23 adoption contract worker, authorised by the chief executive to 24 carry out supervision under this section. 25 prescribed period means a period of 1 year less the length of 26 any period, after the child's adoption but before the child's 27 arrival in Queensland, for which the child was resident in a 28 State, other than Queensland, or in New Zealand. 29 Page 173

 


 

Adoption Bill 2009 Part 13 Recognition of adoptions and related matters [s 299] 299 Declarations of validity of overseas adoptions 1 (1) On application made by a person mentioned in subsection (2), 2 the Childrens Court may make an order declaring that an 3 adoption is one to which section 292 or 293 applies. 4 (2) Any of the following persons may make the application-- 5 (a) the adopted child; 6 (b) an adoptive parent; 7 (c) a person tracing a relationship, because of the adoption, 8 through or to the adopted child. 9 (3) The applicant must serve a copy of the application on the 10 chief executive at least 21 days before the day fixed for the 11 hearing of the application. 12 (4) The chief executive is entitled to be joined as a party to the 13 proceedings. 14 (5) The court may-- 15 (a) direct that notice of the application be given to the 16 Attorney-General or any other person the court 17 considers appropriate; or 18 (b) direct that a person be made a party to the application; 19 or 20 (c) permit a person having an interest in the matter to be 21 joined as a party to the proceedings. 22 (6) If the court grants the application, it may include in the order 23 any particulars relating to the adoption, the adopted child or 24 an adoptive parent as the court finds to be established. 25 (7) The court may make the orders about costs and security for 26 costs, whether by way of interlocutory order or otherwise, as 27 the court thinks just. 28 (8) For the purposes of the laws of Queensland, an order under 29 this section binds the State, whether or not notice was given to 30 the Attorney-General, but, except as provided in subsection 31 (9), does not affect-- 32 (a) the rights of a person other than-- 33 Page 174

 


 

Adoption Bill 2009 Part 14 Offences [s 300] (i) a party to the proceedings for the order; and 1 (ii) a person to whom notice of the application for the 2 order was given; and 3 (iii) a person claiming through a person mentioned in 4 subparagraph (i) or (ii); or 5 (b) an earlier judgment, order or decree of a court of 6 competent jurisdiction. 7 (9) In proceedings in a court in Queensland relating to the rights 8 of a person other than a person mentioned in subsection 9 (8)(a)(i) to (iii), a copy of an order made under this section, 10 certified by the registrar of the Supreme Court to be a true 11 copy, is evidence that an adoption-- 12 (a) was effected in accordance with the particulars 13 contained in the order; and 14 (b) is an adoption to which section 292 or 293 applies. 15 Part 14 Offences 16 300 Definitions for pt 14 17 In this part-- 18 for, the adoption of a child, includes towards, or with a view 19 to, the adoption of the child. 20 publish means publish to the public by television, radio, the 21 Internet, newspaper, periodical, notice, circular or other form 22 of communication. 23 301 Territorial application 24 This part applies in relation to-- 25 (a) the adoption of children in Queensland or children 26 adopted in Queensland; and 27 Page 175

 


 

Adoption Bill 2009 Part 14 Offences [s 302] (b) acts done in Queensland relating to the adoption of 1 children outside Queensland or children adopted outside 2 Queensland. 3 302 False representation about arranging adoption 4 A person (the first person) who is not performing a function 5 under or relating to this Act must not falsely represent to 6 another person that the first person is arranging or is able to 7 arrange-- 8 (a) the adoption of a child by the other person; or 9 (b) the adoption by someone of a child of the other person. 10 Maximum penalty-- 11 (a) for an individual--150 penalty units or 18 months 12 imprisonment; or 13 (b) for a corporation--1000 penalty units. 14 303 Giving or receiving consideration 15 (1) A person must not give or receive, or agree to give or receive, 16 a payment or other reward in consideration of-- 17 (a) the adoption or proposed adoption of a child; or 18 (b) the giving of consent to the adoption of a child; or 19 (c) the transfer of a child's care or custody with a view to 20 the child's adoption; or 21 (d) a negotiation or arrangement for a child's adoption. 22 Maximum penalty-- 23 (a) for an individual--150 penalty units or 18 months 24 imprisonment; or 25 (b) for a corporation--1000 penalty units. 26 (2) Subsection (1) applies before or after the birth of the relevant 27 child. 28 Page 176

 


 

Adoption Bill 2009 Part 14 Offences [s 304] (3) It is immaterial whether the adoption happens or may lawfully 1 happen. 2 304 Advertisements and other published matters 3 (1) A person must not publish an advertisement, news item or 4 other material stating that-- 5 (a) a parent of a child wishes to have the child adopted; or 6 (b) a person wishes to adopt a child; or 7 (c) a person is willing to negotiate, or make an arrangement, 8 for the adoption of the child. 9 Maximum penalty-- 10 (a) for an individual--150 penalty units or 18 months 11 imprisonment; or 12 (b) for a corporation--1000 penalty units. 13 (2) Subsection (1) applies whether or not the statement relates to 14 a particular child and whether or not the statement relates to a 15 child who has been born. 16 305 False or misleading information 17 (1) A person (the first person) must not give information under 18 this Act, to the chief executive or another person performing 19 functions under or relating to the administration of this Act, 20 that the first person knows is false or misleading in a material 21 particular. 22 Maximum penalty--40 penalty units. 23 (2) Subsection (1) does not apply to information given in a 24 document if the first person, when giving the document-- 25 (a) informs the person being given the document, to the best 26 of the first person's ability, how the information is false 27 or misleading; and 28 (b) if the first person has, or can reasonably obtain, the 29 correct information--gives the correct information. 30 Page 177

 


 

Adoption Bill 2009 Part 14 Offences [s 306] 306 Improperly witnessing a consent 1 A person (the witness) must not witness a person's form of 2 consent to the adoption of a child if-- 3 (a) the form of consent is in the approved form under 4 section 18 and the witness has not sighted the 5 documents prescribed for section 18(2)(c); or 6 (b) the witness knows, or ought to know, the other person-- 7 (i) is not the person named in the form of consent; or 8 (ii) is not a parent of the child; or 9 (iii) does not understand the effect of giving consent 10 and effect of adoption; or 11 (iv) does not have capacity to give the consent; or 12 (v) is not giving consent freely and voluntarily; or 13 (c) the witness is not present when the other person signs 14 the form of consent; or 15 (d) the form of consent does not show the correct date for 16 the day on which the consent is given. 17 Maximum penalty--40 penalty units. 18 307 Fraud or undue influence 19 (1) A person must not act fraudulently or use undue influence on 20 another person to-- 21 (a) induce a parent of a child to-- 22 (i) offer or refrain from offering the child for 23 adoption; or 24 (ii) give or revoke the parent's consent to the adoption 25 of the child; or 26 (iii) transfer a child's care or custody with a view to the 27 child's adoption; or 28 (b) influence the preferences expressed by a parent of a 29 child relating to the adoptive placement of the child. 30 Page 178

 


 

Adoption Bill 2009 Part 15 General [s 308] Maximum penalty--150 penalty units or 18 months 1 imprisonment. 2 (2) For this section, a person uses undue influence on another 3 person if the first person-- 4 (a) uses or threatens to use force or restraint against the 5 other person; or 6 (b) causes or threatens to cause injury or another detriment 7 to the other person. 8 (3) It is immaterial whether the adoption happens or may lawfully 9 happen. 10 Part 15 General 11 Division 1 Matters about offences and 12 proceedings 13 308 Types of offences 14 (1) An offence against this Act for which the maximum penalty 15 of imprisonment is 2 years is an indictable offence that is a 16 misdemeanour. 17 (2) Otherwise, an offence against this Act is a summary offence. 18 309 Proceedings for indictable offence 19 (1) A proceeding for an indictable offence against this Act may 20 be taken, at the election of the prosecution-- 21 (a) by way of summary proceeding under the Justices Act 22 1886; or 23 (b) on indictment. 24 (2) A magistrate must not hear an indictable offence summarily 25 if-- 26 Page 179

 


 

Adoption Bill 2009 Part 15 General [s 310] (a) the defendant asks at the start of the hearing that the 1 charge be prosecuted on indictment; or 2 (b) the magistrate believes the charge should be prosecuted 3 on indictment. 4 (3) If subsection (2) applies-- 5 (a) the magistrate must proceed by way of an examination 6 of witnesses for an indictable offence; and 7 (b) a plea of the person charged at the start of the 8 proceeding must be disregarded; and 9 (c) evidence brought in the proceeding before the 10 magistrate decided to act under subsection (2) is taken to 11 be evidence in the proceeding for the committal of the 12 person for trial or sentence; and 13 (d) before committing the person for trial or sentence, the 14 magistrate must make a statement to the person as 15 required by the Justices Act 1886, section 104(2)(b). 16 310 Limitation on who may summarily hear indictable offence 17 (1) A proceeding must be before a magistrate if it is a 18 proceeding-- 19 (a) for the summary conviction of a person on a charge for 20 an indictable offence; or 21 (b) for an examination of witnesses for a charge for an 22 indictable offence. 23 (2) However, if the proceeding is brought before a justice who is 24 not a magistrate, jurisdiction is limited to taking or making a 25 procedural action or order within the meaning of the Justices 26 of the Peace and Commissioners for Declarations Act 1991. 27 311 Limitation on time for starting summary proceeding 28 A proceeding for a summary offence against this Act by way 29 of summary proceeding under the Justices Act 1886 must 30 start-- 31 Page 180

 


 

Adoption Bill 2009 Part 15 General [s 312] (a) within 1 year after the commission of the offence; or 1 (b) within 1 year after the offence comes to the 2 complainant's knowledge, but within 2 years after the 3 commission of the offence. 4 312 Evidentiary provisions for proceedings under this Act 5 (1) This section applies to a proceeding under this Act. 6 (2) A signature purporting to be the signature of any of the 7 following persons is evidence of the signature it purports to 8 be-- 9 (a) the chief executive; 10 (b) an authorised officer for another State under section 42; 11 (c) another officer of a jurisdiction outside the State 12 corresponding to the chief executive; 13 (d) the responsible Minister under the Immigration 14 (Guardianship of Children) Act 1946 (Cwlth). 15 (3) A certificate purporting to be signed by the chief executive 16 stating any of the following matters is evidence of the 17 matter-- 18 (a) a stated document is a notice, authorisation or approval 19 given or decision made under this Act; 20 (b) a stated document is an extract from a register kept 21 under this Act; 22 (c) a stated document is a copy of a document mentioned in 23 paragraph (a) or (b); 24 (d) on a stated day, a stated person was given a stated notice 25 or approval under this Act; 26 (e) the identity of a child's father could not be ascertained 27 after stated reasonable inquiries; 28 (f) the location of a stated person could not be ascertained 29 after stated reasonable inquiries; 30 Page 181

 


 

Adoption Bill 2009 Part 15 General [s 313] (g) a stated entity is a recognised entity for consultation 1 about a matter relating to the adoption of a particular 2 Aboriginal or Torres Strait Islander child; 3 (h) a stated individual is an appropriate Aboriginal or Torres 4 Strait Islander person in relation to a particular 5 Aboriginal or Torres Strait Islander child; 6 (i) another matter prescribed under a regulation. 7 313 Proof of adoptions 8 (1) This section applies to a proceeding in a court in Queensland. 9 (2) A certificate purporting to be signed by a registrar of a court in 10 Queensland or elsewhere stating that a stated document is an 11 adoption order of the court, or a copy of or extract from an 12 adoption order of the court, is evidence of the matter. 13 (3) A certificate purporting to be signed by an appropriate officer 14 stating that a stated document is a copy of an entry in a 15 register relating to adoptions under a law of another 16 jurisdiction, or an extract from the register or statement of 17 information recorded in the register, is evidence of the matter. 18 (4) In this section-- 19 adoption order includes any court order relating to an 20 adoption. 21 appropriate officer, in relation to a register relating to 22 adoptions under a law of another jurisdiction, means an 23 officer in that jurisdiction with responsibility under the law for 24 keeping the register. 25 Division 2 Confidentiality 26 314 Confidentiality of information obtained by persons 27 involved in administration of Act 28 (1) This section applies to a person who-- 29 Page 182

 


 

Adoption Bill 2009 Part 15 General [s 314] (a) is, or has been, any of the following persons performing 1 functions under or relating to the administration of this 2 Act or the repealed Act-- 3 (i) a public service employee; 4 (ii) an adoption contract worker, counsellor or other 5 person engaged by the chief executive; 6 (iii) an approved carer; 7 (iv) an appropriate Aboriginal or Torres Strait Islander 8 person; 9 (v) a recognised entity or member of a recognised 10 entity; 11 (vi) a person authorised to use information for research 12 under section 324; and 13 (b) in that capacity, acquired protected information about 14 another person or has access to, or custody of, protected 15 information about another person. 16 (2) The person must not use the information or disclose the 17 information to anyone else except to the extent the use or 18 disclosure is required or permitted under this Act or necessary 19 to perform the person's functions under or relating to this Act. 20 Maximum penalty--100 penalty units or 2 years 21 imprisonment. 22 (3) The information may be used or disclosed if the use or 23 disclosure is otherwise required or permitted under another 24 law. 25 (4) To the extent that the information is about a person (the 26 relevant person), it may be disclosed to the relevant person or 27 to someone else with the relevant person's consent. 28 (5) However, if the information is information that may be 29 requested from the chief executive by the relevant person 30 under part 11, subsection (4) applies to the disclosure of 31 information by or on behalf of the chief executive only to the 32 extent the information may be disclosed under that part. 33 Page 183

 


 

Adoption Bill 2009 Part 15 General [s 314] (6) To the extent the chief executive is satisfied it would not be an 1 unreasonable breach of privacy, the chief executive may 2 disclose-- 3 (a) non-identifying information about an adopted person, 4 adoptive parent or other relative of an adopted person to 5 a birth parent of the adopted person; or 6 (b) non-identifying information about a birth parent of an 7 adopted person or relative of the birth parent to the 8 adopted person or an adoptive parent of the adopted 9 person. 10 Examples of non-identifying information about a person-- 11 · general information about the person's characteristics or social 12 background 13 · the person's given name (unless it is distinctive) 14 (7) The chief executive may disclose information about a person 15 to the police commissioner or the public trustee if satisfied the 16 disclosure-- 17 (a) is for a reasonable purpose in the circumstances; and 18 (b) is not likely to allow the identification of a party to an 19 adoption by another party to the adoption. 20 (8) Information about a person who has a current expression of 21 interest made jointly with the person's spouse, or is being 22 assessed under part 6 jointly with the person's spouse, may be 23 disclosed to the person's spouse. 24 (9) A reference in subsection (1)(a)(ii) to a person engaged by the 25 chief executive includes an employee or contractor of a person 26 engaged by the chief executive. 27 (10) In this section-- 28 disclose includes give access to. 29 information includes a document. 30 protected information, about a person, means information 31 about the person's personal history or the person's affairs. 32 Page 184

 


 

Adoption Bill 2009 Part 15 General [s 315] 315 Publishing identifying material 1 (1) This section applies to material (identifying material) that 2 identifies, or is likely to lead to the identification of, a person 3 as-- 4 (a) a party, or relative of a party, to an adoption; or 5 (b) a party, or relative of a party, to a court proceeding 6 relating to an adoption; or 7 (c) a person whose consent to an adoption is or was 8 required. 9 (2) A person must not publish identifying material unless-- 10 (a) the publication is made with the written approval of the 11 chief executive; or 12 (b) written consent to the publication has been given, for 13 each identified person, by-- 14 (i) for an identified person who is an adult--that 15 person; or 16 (ii) for an identified person who is a child other than a 17 proposed adoptee--a parent of the child; or 18 (iii) for an identified person who is a proposed adoptee 19 in the custody of a person under an interim order or 20 under part 9, division 3--the person with custody 21 of the child; or 22 (iv) for an identified person who is a proposed adoptee 23 other than as mentioned in subparagraph (iii)--the 24 chief executive. 25 Maximum penalty-- 26 (a) for an individual--100 penalty units or 2 years 27 imprisonment; or 28 (b) for a corporation--1000 penalty units. 29 (3) For this section, a child is a proposed adoptee if consent to the 30 child's adoption has been given by each person whose consent 31 is required before the proposed adoption order may be made. 32 Page 185

 


 

Adoption Bill 2009 Part 15 General [s 316] (4) In this section-- 1 adoption includes proposed adoption. 2 identified person, in relation to published material, means a 3 person identified by the material as a person mentioned in 4 subsection (1)(a) to (c). 5 publish means publish to the public by television, radio, the 6 Internet, newspaper, periodical, notice, circular or other form 7 of communication. 8 316 Disclosure to other jurisdictions 9 For the purpose of facilitating the adoption under this Act of 10 children from another country, the chief executive may-- 11 (a) enter into an arrangement with an appropriate entity of 12 that country with responsibility under the law of that 13 country for adoptions; and 14 (b) under the arrangement, disclose information obtained 15 under this Act or the repealed Act to the entity. 16 Division 3 Miscellaneous 17 317 Adoption contract workers 18 The chief executive may engage a person as an adoption 19 contract worker for any of the following purposes if the chief 20 executive is satisfied the person has the necessary expertise or 21 experience-- 22 (a) to help the chief executive assess a person under part 6; 23 (b) to supervise a child's wellbeing and interests while an 24 interim order for the adoption of the child is in force; 25 (c) to help the chief executive provide information, support 26 or counselling to persons seeking information, or about 27 whom information is sought, or whose consent to the 28 disclosure of information is sought, under part 11. 29 Page 186

 


 

Adoption Bill 2009 Part 15 General [s 318] 318 Meaning of appropriate Aboriginal or Torres Strait 1 Islander person 2 (1) An Aboriginal or Torres Strait Islander person is an 3 appropriate Aboriginal or Torres Strait Islander person, in 4 relation to a particular Aboriginal or Torres Strait Islander 5 child, if the chief executive considers the person to have 6 appropriate knowledge about-- 7 (a) the child's community or language group; and 8 (b) Aboriginal tradition or Island custom relating to the 9 child. 10 Note-- 11 Sections 7(2), 25(3), 46(3), 118, 163 and 169(2) contain obligations 12 involving an appropriate Aboriginal or Torres Strait Islander person. 13 (2) In making a decision for subsection (1), the chief executive 14 must consult with-- 15 (a) an elder or other respected person of the child's 16 community; or 17 (b) a recognised entity; or 18 (c) an entity that has a function of providing services to 19 Aboriginal or Torres Strait Islander persons; or 20 (d) a member of an entity mentioned in paragraph (b) or (c). 21 (3) Subsection (2) applies to the chief executive only to the extent 22 the chief executive is able to carry out the consultation while 23 respecting the privacy of the child's parents and complying 24 with obligations under this Act about confidentiality. 25 319 Right of review against particular decisions 26 A person may apply to the tribunal to have any of the 27 following decisions reviewed-- 28 (a) a decision under section 78 that the person's name may 29 not be entered in the expression of interest register; 30 (b) a decision under section 80 to remove the person's name 31 from the expression of interest register; 32 Page 187

 


 

Adoption Bill 2009 Part 15 General [s 320] (c) a decision under section 94 that the person is not a 1 person who may make an application under section 92; 2 (d) a decision under section 109 that a person is not suitable 3 to be an adoptive parent; 4 (e) a decision under section 146 to remove the person's 5 name from the suitable adoptive parents register. 6 320 Delegation 7 (1) The chief executive may delegate the chief executive's powers 8 under this Act to an appropriately qualified officer or 9 employee of the department. 10 (2) In this section-- 11 appropriately qualified includes having the qualifications, 12 experience or standing appropriate to exercise the power. 13 321 Protection from liability 14 (1) An official does not incur civil liability for an act done, or 15 omission made, honestly and without negligence under this 16 Act. 17 (2) If subsection (1) prevents a civil liability attaching to an 18 official, the liability attaches instead to the State. 19 (3) In this section-- 20 official means-- 21 (a) a public service employee; or 22 (b) an adoption contract worker, counsellor or other person 23 engaged by the chief executive; or 24 (c) an approved carer; or 25 (d) a recognised entity or member of a recognised entity. 26 322 Convention countries 27 (1) Each of the following is a convention country for this Act-- 28 Page 188

 


 

Adoption Bill 2009 Part 15 General [s 323] (a) a country prescribed under a regulation to be a 1 convention country; 2 (b) another country for which the Hague convention has 3 entered into force, under article 46 of the Hague 4 convention, other than-- 5 (i) Australia; or 6 (ii) New Zealand; or 7 (iii) a country to whose accession Australia has raised 8 an objection under article 44 of the Hague 9 convention. 10 (2) However, subsection (1) applies to a country subject to a 11 declaration under article 45 of the Hague convention. 12 323 State central authority 13 The Minister is the central authority for the State for the 14 purpose of the Hague convention, article 6.2. 15 Note-- 16 This designation of the Minister is made for the Family Law (Hague 17 Convention on Intercountry Adoption) Regulations 1998 (Cwlth), 18 section 8(1). 19 324 Research 20 (1) The chief executive may authorise a qualified person to use 21 information obtained under this Act for approved research. 22 (2) If a qualified person is authorised to use information under 23 subsection (1), the information must be collected for the 24 research to enable its use in a way that could not reasonably 25 be expected to result in the identification of any of the 26 individuals to whom it relates. 27 (3) The chief executive may contact persons affected by adoption 28 to ask if they would like to participate in approved research 29 being conducted by a qualified person. 30 (4) In this section-- 31 Page 189

 


 

Adoption Bill 2009 Part 15 General [s 325] approved research means research approved by-- 1 (a) a human research ethics committee under the Public 2 Health Act 2005; or 3 (b) an ethics committee established by a university and 4 concerned, wholly or partly, with research involving 5 humans; or 6 (c) an ethics committee established by the National Health 7 and Medical Research Council. 8 qualified person, in relation to particular research, means an 9 officer of the department, or other person, who the chief 10 executive is satisfied has appropriate qualifications or 11 experience to carry out the research. 12 325 Assistance to adoptive parents and others 13 (1) The chief executive may make payments, or give other 14 assistance, to an adoptive parent or other person if the chief 15 executive considers it is necessary to do so to ensure the 16 wellbeing and best interests of an adopted child. 17 (2) Subsection (1) has effect, in relation to paying an amount, 18 subject to appropriation by Parliament of an amount for the 19 purpose. 20 326 Approved forms 21 The chief executive may approve forms for use under this Act. 22 327 Review of Act 23 (1) The Minister must ensure the operation of this Act is reviewed 24 as soon as practicable after the day that is 5 years after the 25 commencement of this section. 26 (2) The review must include a review of the effect of this Act on 27 parties to adoptions and their families. 28 (3) The Minister must table in the Legislative Assembly a report 29 on the outcome of the review. 30 Page 190

 


 

Adoption Bill 2009 Part 16 Repeal, savings and transitional provisions [s 328] 328 Regulation-making power 1 (1) The Governor in Council may make regulations under this 2 Act. 3 (2) A regulation may be made about fees, including refunding or 4 waiving fees, for this Act. 5 Part 16 Repeal, savings and 6 transitional provisions 7 Division 1 Repeal 8 329 Repeal of Adoption of Children Act 1964 9 The Adoption of Children Act 1964, No. 54 is repealed. 10 Division 2 Savings and transitional 11 330 Meaning of commencement day 12 In this division-- 13 commencement day means the day on which the provision in 14 which the term is used commences. 15 331 Adoption orders 16 (1) An adoption order in force under the repealed Act 17 immediately before the commencement day continues to have 18 effect as if it were a final adoption order made under this Act. 19 (2) Without limiting subsection (1), the order may be discharged 20 under part 9, division 7. 21 Page 191

 


 

Adoption Bill 2009 Part 16 Repeal, savings and transitional provisions [s 332] 332 Correction of adoption orders 1 The chief executive may amend an adoption order continued 2 in force under section 331 to correct the name, date of birth or 3 another particular of a person mentioned in the order. 4 333 Application by step-parent 5 (1) This section applies if-- 6 (a) immediately before the commencement day-- 7 (i) an application under the repealed Act, section 8 13AA, to have a person's name entered in the 9 Relative Children's Adoption List had not been 10 finally dealt with; or 11 (ii) a person's name was in the Relative Children's 12 Adoption List; and 13 (b) the person is a person who may apply to adopt the 14 relevant child under section 92. 15 (2) The person is taken to have made an application under that 16 section to the chief executive to arrange an adoption by the 17 person of the child. 18 334 Special Needs Children's Adoption List 19 (1) This section applies to a person whose name was in the 20 Special Needs Children's Adoption List immediately before 21 the commencement day. 22 (2) If there was a notation in the list, made under the repealed 23 Act, section 13D(3)(a), stating the person is a prospective 24 adopter, the person's name must be listed in the suitable 25 adoptive parents register. 26 (3) Otherwise, the person's name must be listed in the expression 27 of interest register. 28 (4) For section 79(1)(a), a name listed in the expression of interest 29 register under subsection (3) is taken to have been entered in 30 that register on the later of the following days-- 31 Page 192

 


 

Adoption Bill 2009 Part 16 Repeal, savings and transitional provisions [s 335] (a) the day the name was entered in the Special Needs 1 Children's Adoption List under the repealed Act; 2 (b) 1 year before the commencement day. 3 335 Review of decision to remove name from adoption list 4 (1) This section applies if-- 5 (a) under the repealed Act, section 13AA(4), the chief 6 executive removed a person's name from an adoption 7 list; and 8 (b) a person applied to the tribunal for a review of the 9 decision to remove the person's name; and 10 (c) immediately before the commencement day, the 11 application had not been finally dealt with. 12 (2) The tribunal must decide the application under the repealed 13 Act. 14 (3) If the tribunal decides the person's name should not be 15 removed from the adoption list, the person's name is, for 16 section 333 or 334, taken to have been in the adoption list 17 immediately before the commencement day. 18 336 Expression of interest register 19 (1) This section applies to a person who, immediately before the 20 commencement day, was listed in the expression of interest 21 register under the repealed Act. 22 (2) The person's name must be listed in the expression of interest 23 register under this Act. 24 (3) For section 79(1)(a), the person's name is taken to have been 25 entered in the register on the later of the following days-- 26 (a) the day the name was entered in the expression of 27 interest register under the repealed Act; 28 (b) 1 year before the commencement day. 29 Page 193

 


 

Adoption Bill 2009 Part 16 Repeal, savings and transitional provisions [s 337] 337 Uncompleted review of decision to remove persons from 1 expression of interest register 2 (1) This section applies if-- 3 (a) a person applied to the tribunal for a review of a decision 4 under the repealed Act, section 13AC, to remove the 5 person's name from the expression of interest register; 6 and 7 (b) immediately before the commencement day, the 8 application had not been finally dealt with. 9 (2) The application has no further effect. 10 (3) The person's name must be listed in the expression of interest 11 register under this Act. 12 (4) For section 79(1)(a), the person's name is taken to have been 13 entered in the register on the later of the following days-- 14 (a) the day the name was entered in the expression of 15 interest register under the repealed Act (before the 16 removal mentioned in subsection (1)); 17 (b) 1 year before the commencement day. 18 338 Suitable adoptive parents register 19 (1) This section applies to each person who, immediately before 20 the commencement day, was a prospective adopter under the 21 repealed Act, section 13D. 22 (2) The person's name must be listed in the suitable adoptive 23 parents register under this Act. 24 339 Current applications to Supreme Court or Childrens 25 Court 26 (1) This section applies to an application under the repealed Act 27 that, immediately before the commencement day, had not 28 been finally dealt with. 29 Page 194

 


 

Adoption Bill 2009 Part 16 Repeal, savings and transitional provisions [s 340] (2) If the application was made under the repealed Act, section 1 16, it must be dealt with as if it were an application under part 2 9, division 7, to discharge the adoption order. 3 (3) If the application was made under the repealed Act, section 4 25, the Supreme Court or Childrens Court may continue to 5 hear and decide the application under that section despite the 6 repeal. 7 (4) If the application was made under the repealed Act, section 8 37A(5), it must be dealt with as if it were an application under 9 section 292(5). 10 (5) If the application was made under the repealed Act, section 11 38AC(4), it must be dealt with as if it were an application 12 under section 296(4). 13 (6) If the application was made under the repealed Act, section 14 39(1), it must be dealt with as if it were an application under 15 section 299(1). 16 340 Consents to adoption 17 A person's consent to the adoption of a child under the 18 repealed Act, in force immediately before the commencement 19 day, continues in force as if the consent had been given under 20 part 2. 21 341 Chief executive's guardianship 22 (1) If, immediately before the commencement day, the chief 23 executive was a child's guardian under the repealed Act, 24 section 27, the chief executive's guardianship continues in 25 force under section 57. 26 (2) If, immediately before the commencement day, the chief 27 executive was a child's guardian under the repealed Act, 28 section 27B(4), the chief executive's guardianship continues 29 in force under section 65. 30 Page 195

 


 

Adoption Bill 2009 Part 16 Repeal, savings and transitional provisions [s 342] 342 Current applications to chief executive to convert simple 1 adoption 2 (1) This section applies to an application made to the chief 3 executive under the repealed Act, section 38AD(1) that, 4 immediately before the commencement day, had not been 5 finally dealt with. 6 (2) The chief executive may decide the application under that 7 section despite the repeal. 8 343 Particular objections continue in force as contact 9 statements for pt 11 10 (1) This section applies to a current objection to the extent it 11 relates to contact being made with the objector by a stated 12 person or class of persons. 13 (2) The objection continues in force as a contact statement for 14 part 11, that the person does not wish to be contacted by the 15 stated person or class of persons, until it is withdrawn or 16 otherwise ends under this Act. 17 (3) In this section-- 18 current objection means an objection in force under the 19 repealed Act, section 39AA immediately before the 20 commencement day. 21 344 Current application to chief executive to disclose 22 particular information 23 (1) This section applies to an application made to the chief 24 executive under the repealed Act, section 39B that, 25 immediately before the commencement day, had not been 26 finally dealt with. 27 (2) To the extent the application could be made after the 28 commencement as a request under a provision of part 11, 29 division 3, it is taken be a request under that provision. 30 Page 196

 


 

Adoption Bill 2009 Part 17 Amendments [s 345] 345 Entitlement to particular records 1 An authorisation from the chief executive in force under the 2 repealed Act, section 39C immediately before the 3 commencement day continues to have effect as if it were an 4 authorisation under section 290. 5 346 Transitional--effect of adoption orders in relation to 6 property 7 (1) Section 216 does not affect a disposition of property by a 8 person who, or by persons any of whom, died before the 9 commencement of the repealed Act. 10 (2) Section 216 does not affect a disposition of property that took 11 effect in possession before the commencement of the repealed 12 Act. 13 Part 17 Amendments 14 Division 1 Amendment of Adoption of Children 15 Act 1964 16 347 Act amended 17 This division amends the Adoption of Children Act 1964. 18 348 Amendment of s 19 (Consents of parents and guardians 19 required to adoptions) 20 Section 19(2) and (3)-- 21 omit, insert-- 22 `(2) In the case of a child who has not previously been adopted, the 23 appropriate persons are every person who is a parent or 24 guardian of the child.'. 25 Page 197

 


 

Adoption Bill 2009 Part 17 Amendments [s 349] 349 Amendment of s 29A (Bequest by will to unascertained 1 adopted persons) 2 Section 29A(1)(a), `who is not named but'-- 3 omit. 4 350 Insertion of new s 59D 5 After section 59C-- 6 insert-- 7 `59D Chief executive may obtain or disclose 8 non-identifying medical information 9 `(1) The chief executive may contact a natural parent of an 10 adopted person for the purpose of obtaining information about 11 the medical history of the natural parent or another natural 12 relative of the adopted person. 13 `(2) The chief executive may disclose, to an adopted person, 14 information about the medical history of a natural relative of 15 the adopted person. 16 `(3) The chief executive may disclose, to a natural relative of an 17 adopted person, information about the adopted person's 18 medical history that relates to a condition that may have been 19 inherited from a natural relative. 20 `(4) The chief executive must not disclose information about a 21 natural relative or adopted person under subsection (2) or (3) 22 if-- 23 (a) the information is likely to identify an adopted person or 24 natural relative of an adopted person; or 25 (b) the natural relative or adopted person asks the chief 26 executive not to disclose the information. 27 `(5) It does not matter for this section whether a person who is 28 contacted, or to whom information is given, or to whom 29 information relates, is a person who has made an objection 30 under part 4A. 31 `(6) At the request of a person who is an adopted person or natural 32 relative of an adopted person, the chief executive may, instead 33 Page 198

 


 

Adoption Bill 2009 Part 17 Amendments [s 351] of giving the information to the person, give the information 1 to a medical practitioner nominated by the person. 2 `(7) A person is not required to give or receive information under 3 this section. 4 `(8) In this section-- 5 natural relative, of an adopted person, means-- 6 (a) a natural parent of the person; or 7 (b) another person related to the adopted person other than a 8 person related only because of a marriage.'. 9 351 Insertion of new pt 7, div 4 10 Part 7-- 11 insert-- 12 `Division 4 Provision for Adoption Act 2009 13 `76 Who is a birth parent for pt 4A 14 `(1) This section applies if-- 15 (a) before the commencement of this section, an order was 16 made under this Act for the adoption of a child; and 17 (b) the father's consent to the adoption was purportedly 18 given or dispensed with by an order of a court under this 19 Act; and 20 (c) the child's parents were not married to each other at the 21 time of the child's conception and, at the time of the 22 purported consent or dispensation mentioned in 23 paragraph (b), had not since married each other; and 24 (d) the child had not previously been adopted. 25 `(2) For the purpose of section 39A, definition birth parent, the 26 giving of, or dispensation with, the consent is taken to be as 27 valid as if the father were an appropriate person for giving the 28 consent under section 19.'. 29 Page 199

 


 

Adoption Bill 2009 Part 17 Amendments [s 352] Division 2 Amendment of Births, Deaths and 1 Marriages Registration Act 2003 2 352 Act amended 3 This division amends the Births, Deaths and Marriages 4 Registration Act 2003. 5 353 Amendment of s 3 (Objects) 6 (1) Section 3(a)(i), after `marriages,'-- 7 insert-- 8 `adoptions,'. 9 (2) Section 3(a)(ii)-- 10 omit. 11 (3) Section 3(a)(iii)-- 12 renumber as section 3(a)(ii). 13 354 Amendment of s 14 (Reregistering a birth or adoption) 14 (1) Section 14(1)(b), after `Adoption of Children Act 1964'-- 15 insert-- 16 `or this Act'. 17 (2) Section 14(9), `the Adoption of Children Act 1964, section 18 39C.'-- 19 omit, insert-- 20 `the Adoption Act 2009, section 290.'. 21 355 Amendment of s 41 (Registering events in register) 22 (1) Section 41, heading, after `events'-- 23 insert-- 24 `other than adoptions'. 25 Page 200

 


 

Adoption Bill 2009 Part 17 Amendments [s 356] (2) Section 41(1), after `register a registrable event'-- 1 insert-- 2 `other than an adoption'. 3 356 Insertion of new ss 41A-41C 4 After section 41-- 5 insert-- 6 `41A Registering adoptions 7 `(1) This section applies if the registrar receives, under the 8 Adoption Act 2009, section 289, a notice of the making of a 9 final adoption order. 10 `(2) This section also applies if-- 11 (a) the registrar receives-- 12 (i) an original copy of a relevant order of another 13 jurisdiction; or 14 (ii) a copy of a relevant order of another jurisdiction 15 certified as a true copy by an officer with authority 16 under the law of that jurisdiction to certify the 17 copy; or 18 (iii) a notice of the making of a relevant order of 19 another State from an officer in that State with 20 authority under the law of that State to give the 21 notice; and 22 (b) the relevant order relates to a person whose birth or 23 previous adoption is registered in Queensland. 24 `(3) The registrar must register the adoption by incorporating into 25 the adopted children register the notice or copy mentioned in 26 subsection (1) or (2). 27 `(4) Also, the registrar must close the adopted person's birth entry 28 and any previous adoption entry by-- 29 Page 201

 


 

Adoption Bill 2009 Part 17 Amendments [s 356] (a) noting, on the birth entry or previous adoption entry 1 (each of which is a closed entry), a reference to the new 2 adoption entry; and 3 (b) noting, on the new adoption entry, a reference to the 4 closed entry or entries. 5 `(5) In this section-- 6 relevant order, of another jurisdiction, means an order made 7 in the jurisdiction corresponding to a final adoption order. 8 State includes New Zealand. 9 `41B Amending registers on discharges of adoptions 10 `(1) This section applies if the registrar receives, under the 11 Adoption Act 2009, section 289, a notice of the making of an 12 order of the Supreme Court discharging a final adoption order. 13 `(2) This section also applies if-- 14 (a) the registrar receives-- 15 (i) an original copy of a relevant order of another 16 jurisdiction; or 17 (ii) a copy of a relevant order of another jurisdiction 18 certified as a true copy by an officer with authority 19 under the law of that jurisdiction to certify the 20 copy; or 21 (iii) a notice of the making of a relevant order of 22 another State from an officer in that State with 23 authority under the law of that State to give the 24 notice; and 25 (b) the relevant order relates to a person with an entry in the 26 adopted children register. 27 `(3) The registrar must reregister the registrable event to which the 28 closed entry relates by-- 29 (a) making a new entry in the register that includes-- 30 Page 202

 


 

Adoption Bill 2009 Part 17 Amendments [s 356] (i) all the information that was in the closed entry 1 other than information about the making or 2 discharge of the relevant adoption order; and 3 (ii) a note that the new entry was made under this 4 section; and 5 (iii) a reference to the entry closed under subsection 6 (4); and 7 (b) noting on the closed entry-- 8 (i) that the birth or adoption has been reregistered 9 under this section; and 10 (ii) a reference to the new entry made under paragraph 11 (a). 12 `(4) Also the registrar must close the entry that was made to 13 register the adoption effected by the relevant adoption order 14 by-- 15 (a) incorporating, in the entry, the notice mentioned in 16 subsection (1) or copy mentioned in subsection (2)(a)(i) 17 to (iii); and 18 (b) noting on the entry-- 19 (i) that the relevant adoption order has been 20 discharged; and 21 (ii) that the person's birth or earlier adoption has been 22 reregistered under this section; and 23 (iii) a reference to the new entry made under subsection 24 (3)(a). 25 `(5) The registrar may make any other notations in the register that 26 the registrar considers necessary to ensure the register 27 includes the correct information for the person. 28 `(6) In this section-- 29 closed entry means the entry for the person's birth or adoption 30 that was closed because of the relevant adoption order. 31 relevant adoption order means-- 32 Page 203

 


 

Adoption Bill 2009 Part 17 Amendments [s 357] (a) the final adoption order that was discharged by the order 1 mentioned in subsection (1); or 2 (b) the order of another jurisdiction, corresponding to a 3 final adoption order, that was discharged by the relevant 4 order mentioned in subsection (2)(a)(i) to (iii). 5 relevant order, of another jurisdiction, means an order made 6 in the jurisdiction discharging another order corresponding to 7 a final adoption order. 8 State includes New Zealand. 9 `41C Sending notice of relevant adoption orders and 10 discharges to other States 11 `(1) This section applies if-- 12 (a) the registrar receives, under the Adoption Act 2009, 13 section 289, a notice of a final adoption order or an 14 order discharging a final adoption order; and 15 (b) the registrar knows or suspects there is an entry for the 16 adopted person's birth or adoption in a register kept 17 under a law of another State. 18 `(2) The registrar must give a notice of the making of the order to 19 the appropriate officer in that State with responsibility for 20 keeping the register. 21 `(3) In this section-- 22 State includes New Zealand.'. 23 357 Amendment of s 44 (Obtaining information from the 24 registrar) 25 (1) Section 44(1), after `for'-- 26 insert-- 27 `any of the following (the requested information)'. 28 (2) Section 44(1)(a), `registrar; or'-- 29 omit, insert-- 30 Page 204

 


 

Adoption Bill 2009 Part 17 Amendments [s 358] `registrar;'. 1 (3) Section 44(2) and (3), `certificate, information or source 2 document'-- 3 omit, insert-- 4 `requested information'. 5 (4) Section 44-- 6 insert-- 7 `(10A) The registrar may not give requested information relating to a 8 closed entry under section 41A except to the extent allowed 9 under the Adoption Act 2009, section 290.'. 10 (5) Section 44(5A) to (11)-- 11 renumber as section 44(6) to (13). 12 358 Insertion of new s 48D 13 Part 7-- 14 insert-- 15 `48D Arrangement for giving information about persons 16 for particular purposes under Adoption Act 17 `(1) The chief executive (adoptions) may give information to the 18 registrar about the identity of a person if-- 19 (a) the person has given a contact statement to the chief 20 executive (adoptions); or 21 (b) the public trustee has given a notice about the person to 22 the chief executive (adoptions) under the Adoption Act 23 2009, section 217(3). 24 `(2) The registrar may give information to the chief executive 25 (adoptions) about whether the person has died and, if the 26 person has died, the date of the death. 27 `(3) The registrar and the chief executive (adoptions) may enter 28 into a written arrangement for giving information under this 29 section. 30 Page 205

 


 

Adoption Bill 2009 Part 17 Amendments [s 359] `(4) In this section-- 1 chief executive (adoptions) means the chief executive 2 administering the Adoption Act 2009. 3 contact statement means a contact statement under the 4 Adoption Act 2009, section 269(1).'. 5 359 Insertion of new s 57B 6 After section 57A-- 7 insert-- 8 `57B Transitional--Adoption Act 2009 9 `From the commencement of the Adoption Act 2009, section 10 329, the Adopted Children Register under the repealed 11 Adoption of Children Act 1964, section 55, continues as the 12 adopted children register under this Act.'. 13 360 Amendment of sch 2 (Dictionary) 14 (1) Schedule 2, definition register, used as a noun-- 15 omit. 16 (2) Schedule 2-- 17 insert-- 18 `adoption entry means an entry in the adopted children 19 register. 20 birth entry means an entry in the register of births. 21 register, used as a noun, means a register maintained under 22 section 40.'. 23 (3) Schedule 2, definition registrable event, paragraph (b), 24 `Adoption of Children Act 1964'-- 25 omit, insert-- 26 `Adoption Act 2009'. 27 Page 206

 


 

Adoption Bill 2009 Part 17 Amendments [s 361] Division 3 Amendment of Child Protection Act 1 1999 2 361 Act amended 3 This division amends the Child Protection Act 1999. 4 362 Amendment of s 51ZI (Ending an agreement) 5 Section 51ZI(2)(b), after `this Act'-- 6 insert-- 7 `or the Adoption Act 2009'. 8 363 Amendment of s 186 (Confidentiality of notifiers of harm 9 or risk of harm) 10 (1) Section 186(2)(e)-- 11 renumber as section 186(2)(f). 12 (2) Section 186(2)-- 13 insert-- 14 `(e) for the performance by the chief executive (adoptions) 15 of his or her functions under the Adoption Act 2009; or'. 16 364 Amendment of s 187 (Confidentiality of information 17 obtained by persons involved in administration of Act) 18 (1) Section 187(3)(c)(ii)-- 19 renumber as section 187(3)(c)(iii). 20 (2) Section 187(3)(c)-- 21 insert-- 22 `(ii) is for the performance by the chief executive 23 (adoptions) of his or her functions under the 24 Adoption Act 2009; or'. 25 Page 207

 


 

Adoption Bill 2009 Part 17 Amendments [s 365] 365 Amendment of sch 3 (Dictionary) 1 Schedule 3-- 2 insert-- 3 `chief executive (adoptions) means the chief executive of the 4 department in which the Adoption Act 2009 is administered.'. 5 Division 4 Amendment of Childrens Court Act 6 1992 7 366 Act amended 8 This division amends the Childrens Court Act 1992. 9 367 Amendment of s 20 (Who may be present at a 10 proceeding) 11 Section 20(2)(c), after `under'-- 12 insert-- 13 `the Adoption Act 2009 or'. 14 Division 5 Amendment of other Acts 15 368 Consequential amendments 16 Schedule 2 amends the Acts it mentions. 17 Page 208

 


 

Adoption Bill 2009 Schedule 1 Schedule 1 Hague convention 1 schedule 3, definition Hague convention 2 CONVENTION ON PROTECTION OF CHILDREN 3 AND COOPERATION IN RESPECT OF 4 INTERCOUNTRY ADOPTION 5 The States signatory to the present Convention, 6 Recognising that the child, for the full and harmonious development 7 of his or her personality, should grow up in a family environment, in 8 an atmosphere of happiness, love and understanding, 9 Recalling that each State should take, as a matter of priority, 10 appropriate measures to enable the child to remain in the care of his 11 or her family of origin, 12 Recognising that intercountry adoption may offer the advantage of a 13 permanent family to a child for whom a suitable family cannot be 14 found in his or her State of origin, 15 Convinced of the necessity to take measures to ensure that 16 intercountry adoptions are made in the best interests of the child and 17 with respect for his or her fundamental rights, and to prevent the 18 abduction, the sale of, or traffic in children, 19 Desiring to establish common provisions to this effect, taking into 20 account the principles set forth in international instruments, in 21 particular the United Nations Convention on the Rights of the Child, 22 of 20 November 1989, and the United Nations Declaration on Social 23 and Legal Principles relating to the Protection and Welfare of 24 Children, with Special Reference to Foster Placement and Adoption 25 Nationally and Internationally (General Assembly Resolution 41/85, 26 of 3 December 1986), 27 Have agreed upon the following provisions-- 28 Page 209

 


 

Adoption Bill 2009 Schedule 1 CHAPTER I--SCOPE OF THE CONVENTION 1 Article 1 2 The objects of the present Convention are-- 3 a to establish safeguards to ensure that intercountry adoptions take 4 place in the best interests of the child and with respect for his or 5 her fundamental rights as recognised in international law; 6 b to establish a system of cooperation amongst Contracting States 7 to ensure that those safeguards are respected and thereby prevent 8 the abduction, the sale of, or traffic in children; 9 c to secure the recognition in Contracting States of adoptions made 10 in accordance with the Convention. 11 Article 2 12 1 The Convention shall apply where a child habitually resident in one 13 Contracting State (`the State of origin') has been, is being, or is to be 14 moved to another Contracting State (`the receiving State') either after his 15 or her adoption in the State of origin by spouses or a person habitually 16 resident in the receiving State, or for the purposes of such an adoption in 17 the receiving State or in the State of origin. 18 2 The Convention covers only adoptions which create a permanent 19 parent-child relationship. 20 Article 3 21 The Convention ceases to apply if the agreements mentioned in Article 22 17, sub-paragraph c, have not been given before the child attains the age of 23 eighteen years. 24 Page 210

 


 

Adoption Bill 2009 Schedule 1 CHAPTER II--REQUIREMENTS FOR 1 INTERCOUNTRY ADOPTIONS 2 Article 4 3 An adoption within the scope of the Convention shall take place only if 4 the competent authorities of the State of origin-- 5 a have established that the child is adoptable; 6 b have determined, after possibilities for placement of the child 7 within the State of origin have been given due consideration, that 8 an intercountry adoption is in the child's best interests; 9 c have ensured that 10 (1) the persons, institutions and authorities whose consent is 11 necessary for adoption, have been counselled as may be 12 necessary and duly informed of the effects of their consent, 13 in particular whether or not an adoption will result in the 14 termination of the legal relationship between the child and 15 his or her family of origin, 16 (2) such persons, institutions and authorities have given their 17 consent freely, in the required legal form, and expressed or 18 evidenced in writing, 19 (3) the consents have not been induced by payment or 20 compensation of any kind and have not been withdrawn, 21 and 22 (4) the consent of the mother, where required, has been given 23 only after the birth of the child; and 24 d have ensured, having regard to the age and degree of maturity of 25 the child, that 26 (1) he or she has been counselled and duly informed of the 27 effects of the adoption and of his or her consent to the 28 adoption, where such consent is required, 29 (2) consideration has been given to the child's wishes and 30 opinions, 31 Page 211

 


 

Adoption Bill 2009 Schedule 1 (3) the child's consent to the adoption, where such consent is 1 required, has been given freely, in the required legal form, 2 and expressed or evidenced in writing, and 3 (4) such consent has not been induced by payment or 4 compensation of any kind. 5 Article 5 6 An adoption within the scope of the convention shall take place only if 7 the competent authorities of the receiving State-- 8 a have determined that the prospective adoptive parents are 9 eligible and suited to adopt; 10 b have ensured that the prospective adoptive parents have been 11 counselled as may be necessary; and 12 c have determined that the child is or will be authorised to enter 13 and reside permanently in that State. 14 CHAPTER III--CENTRAL AUTHORITIES AND 15 ACCREDITED BODIES 16 Article 6 17 1 A Contracting State shall designate a Central Authority to discharge 18 the duties which are imposed by the Convention upon such authorities. 19 2 Federal States, States with more than one system of law or States 20 having autonomous territorial units shall be free to appoint more than one 21 Central Authority and to specify the territorial or personal extent of their 22 functions. Where a State has appointed more than one Central Authority, it 23 shall designate the Central Authority to which any communication may be 24 addressed for transmission to the appropriate Central Authority within that 25 State. 26 Page 212

 


 

Adoption Bill 2009 Schedule 1 Article 7 1 1 Central Authorities shall cooperate with each other and promote 2 cooperation amongst the competent authorities in their States to protect 3 children and to achieve the other objects of the Convention. 4 2 They shall take directly all appropriate measures to-- 5 a provide information as to the laws of their States concerning 6 adoption and other general information, such as statistics and 7 standard forms; 8 b keep one another informed about the operation of the Convention 9 and, as far as possible, eliminate any obstacles to its application. 10 Article 8 11 Central Authorities shall take, directly or through public authorities, all 12 appropriate measures to prevent improper financial or other gain in 13 connection with an adoption and to deter all practices contrary to the 14 objects of the Convention. 15 Article 9 16 Central Authorities shall take, directly or through public authorities or 17 other bodies duly accredited in their State, all appropriate measures, in 18 particular to-- 19 a collect, preserve and exchange information about the situation of 20 the child and the prospective adoptive parents, so far as is 21 necessary to complete the adoption; 22 b facilitate, follow and expedite proceedings with a view to 23 obtaining the adoption; 24 c promote the development of adoption counselling and 25 post-adoption services in their States; 26 d provide each other with general evaluation reports about 27 experience with intercountry adoption; 28 Page 213

 


 

Adoption Bill 2009 Schedule 1 e reply, in so far as is permitted by the law of their State, to 1 justified requests from other Central Authorities or public 2 authorities for information about a particular adoption situation. 3 Article 10 4 Accreditation shall only be granted to and maintained by bodies 5 demonstrating their competence to carry out properly the tasks with which 6 they may be entrusted. 7 Article 11 8 An accredited body shall-- 9 a pursue only non-profit objectives according to such conditions 10 and within such limits as may be established by the competent 11 authorities of the State of accreditation; 12 b be directed and staffed by persons qualified by their ethical 13 standards and by training or experience to work in the field of 14 intercountry adoption; and 15 c be subject to supervision by competent authorities of that State as 16 to its composition, operation and financial situation. 17 Article 12 18 A body accredited in one Contracting State may act in another 19 Contracting State only if the competent authorities of both States have 20 authorised it to do so. 21 Article 13 22 The designation of the Central Authorities and where appropriate, the 23 extent of their functions, as well as the names and addresses of the 24 accredited bodies shall be communicated by each Contracting State to the 25 Permanent Bureau of the Hague Conference on Private International Law. 26 Page 214

 


 

Adoption Bill 2009 Schedule 1 CHAPTER IV--PROCEDURAL REQUIREMENTS 1 IN INTERCOUNTRY ADOPTION 2 Article 14 3 Persons habitually resident in a Contracting State, who wish to adopt a 4 child habitually resident in another Contracting State, shall apply to the 5 Central Authority in the State of their habitual residence. 6 Article 15 7 1 If the Central Authority of the receiving State is satisfied that the 8 applicants are eligible and suited to adopt, it shall prepare a report 9 including information about their identity, eligibility and suitability to 10 adopt, background, family and medical history, social environment, reasons 11 for adoption, ability to undertake an intercountry adoption, as well as the 12 characteristics of the children for whom they would be qualified to care. 13 2 It shall transmit the report to the Central Authority of the State of 14 origin. 15 Article 16 16 1 If the Central Authority of the State of origin is satisfied that the child 17 is adoptable, it shall-- 18 a prepare a report including information about his or her identity, 19 adoptability, background, social environment, family history, 20 medical history including that of the child's family, and any 21 special needs of the child; 22 b give due consideration to the child's upbringing and to his or her 23 ethnic, religious and cultural background; 24 c ensure that consents have been obtained in accordance with 25 Article 4; and 26 Page 215

 


 

Adoption Bill 2009 Schedule 1 d determine, on the basis in particular of the reports relating to the 1 child and the prospective adoptive parents, whether the 2 envisaged placement is in the best interests of the child. 3 2 It shall transmit to the Central Authority of the receiving State its 4 report on the child, proof that the necessary consents have been obtained 5 and the reasons for its determination on the placement, taking care not to 6 reveal the identity of the mother and the father if, in the State of origin, 7 these identities may not be disclosed. 8 Article 17 9 Any decision in the State of origin that a child should be entrusted to 10 prospective adoptive parents may only be made if-- 11 a the Central Authority of that State has ensured that the 12 prospective adoptive parents agree; 13 b the Central Authority of the receiving State has approved such 14 decision, where such approval is required by the law of that State 15 or by the Central Authority of the State of origin; 16 c the Central Authorities of both States have agreed that the 17 adoption may proceed; and 18 d it has been determined, in accordance with Article 5, that the 19 prospective adoptive parents are eligible and suited to adopt and 20 that the child is or will be authorised to enter and reside 21 permanently in the receiving State. 22 Article 18 23 The Central Authorities of both States shall take all necessary steps to 24 obtain permission for the child to leave the State of origin and to enter and 25 reside permanently in the receiving State. 26 Page 216

 


 

Adoption Bill 2009 Schedule 1 Article 19 1 1 The transfer of the child to the receiving State may only be carried out 2 if the requirements of Article 17 have been satisfied. 3 2 The Central Authorities of both States shall ensure that this transfer 4 takes place in secure and appropriate circumstances and, if possible, in the 5 company of the adoptive or prospective adoptive parents. 6 3 If the transfer of the child does not take place, the reports referred to in 7 Articles 15 and 16 are to be sent back to the authorities who forwarded 8 them. 9 Article 20 10 The Central Authorities shall keep each other informed about the 11 adoption process and the measures taken to complete it, as well as about 12 the progress of the placement if a probationary period is required. 13 Article 21 14 1 Where the adoption is to take place after the transfer of the child to the 15 receiving State and it appears to the Central Authority of that State that the 16 continued placement of the child with the prospective adoptive parents is 17 not in the child's best interests, such Central Authority shall take the 18 measures necessary to protect the child, in particular-- 19 a to cause the child to be withdrawn from the prospective adoptive 20 parents and to arrange temporary care; 21 b in consultation with the Central Authority of the State of origin, 22 to arrange without delay a new placement of the child with a 23 view to adoption or, if this is not appropriate, to arrange 24 alternative long-term care; an adoption shall not take place until 25 the Central Authority of the State of origin has been duly 26 informed concerning the new prospective adoptive parents; 27 c as a last resort, to arrange the return of the child, if his or her 28 interests so require. 29 Page 217

 


 

Adoption Bill 2009 Schedule 1 2 Having regard in particular to the age and degree of maturity of the 1 child, he or she shall be consulted and, where appropriate, his or her 2 consent obtained in relation to measures to be taken under this Article. 3 Article 22 4 1 The functions of a Central Authority under this Chapter may be 5 performed by public authorities or by bodies accredited under Chapter III, 6 to the extent permitted by the law of its State. 7 2 Any Contracting State may declare to the depositary of the Convention 8 that the functions of the Central Authority under Articles 15 to 21 may be 9 performed in that State, to the extent permitted by the law and subject to 10 the supervision of the competent authorities of that State, also by bodies or 11 person who-- 12 a meet the requirements of integrity, professional competence, 13 experience and accountability of that State; and 14 b are qualified by their ethical standards and by training or 15 experience to work in the field of intercountry adoption. 16 3 A Contracting State which makes the declaration provided for in 17 paragraph 2 shall keep the Permanent Bureau of the Hague Conference on 18 Private International Law informed of the names and addresses of these 19 bodies and persons. 20 4 Any Contracting State may declare to the depositary of the Convention 21 that adoptions of children habitually resident in its territory may only take 22 place if the functions of the Central Authorities are performed in 23 accordance with paragraph 1. 24 5 Notwithstanding any declaration made under paragraph 2, the reports 25 provided for in Articles 15 and 16 shall, in every case, be prepared under 26 the responsibility of the Central Authority or other authorities or bodies in 27 accordance with paragraph 1. 28 Page 218

 


 

Adoption Bill 2009 Schedule 1 CHAPTER V--RECOGNITION AND EFFECTS OF 1 THE ADOPTION 2 Article 23 3 1 An adoption certified by the competent authority of the State of the 4 adoption as having been made in accordance with the Convention shall be 5 recognised by operation of law in the other Contracting States. The 6 certificate shall specify when and by whom the agreements under Article 7 17, sub-paragraph c, were given. 8 2 Each Contracting State shall, at the time of signature, ratification, 9 acceptance, approval or accession, notify the depositary of the Convention 10 of the identity and the functions of the authority or the authorities which, in 11 that State, are competent to make the certification. It shall also notify the 12 depositary of any modification in the designation of these authorities. 13 Article 24 14 The recognition of an adoption may be refused in a Contracting State 15 only if the adoption is manifestly contrary to its public policy, taking into 16 account the best interests of the child. 17 Article 25 18 Any Contracting State may declare to the depositary of the Convention 19 that it will not be bound under this Convention to recognise adoptions 20 made in accordance with an agreement concluded by application of Article 21 39, paragraph 2. 22 Article 26 23 1 The recognition of an adoption includes recognition of-- 24 a the legal parent-child relationship between the child and his or 25 her adoptive parents; 26 Page 219

 


 

Adoption Bill 2009 Schedule 1 b parental responsibility of the adoptive parents for the child; 1 c the termination of a pre-existing legal relationship between the 2 child and his or her mother and father, if the adoption has this 3 effect in the Contracting State where it was made. 4 2 In the case of an adoption having the effect of terminating a 5 pre-existing legal parent-child relationship, the child shall enjoy in the 6 receiving State, and in any other Contracting State where the adoption is 7 recognised, rights equivalent to those resulting from adoptions having this 8 effect in each such State. 9 3 The preceding paragraphs shall not prejudice the application of any 10 provision more favourable for the child, in force in the Contracting State 11 which recognises the adoption. 12 Article 27 13 1 Where an adoption granted in the State of origin does not have the 14 effect of terminating a pre-existing legal parent-child relationship, it may, 15 in the receiving State which recognises the adoption under the Convention, 16 be converted into an adoption having such an effect-- 17 a if the law of the receiving State so permits; and 18 b if the consent referred to in Article 4, sub-paragraphs c and d, 19 have been or are given for the purpose of such an adoption. 20 2 Article 23 applies to the decision converting the adoption. 21 CHAPTER VI--GENERAL PROVISIONS 22 Article 28 23 The Convention does not affect any law of a State of origin which 24 requires that the adoption of a child habitually resident within that State 25 take place in that State or which prohibits the child's placement in, or 26 transfer to, the receiving State prior to adoption. 27 Page 220

 


 

Adoption Bill 2009 Schedule 1 Article 29 1 There shall be no contact between the prospective adoptive parents and 2 the child's parents or any other person who has care of the child until the 3 requirements of Article 4, sub-paragraphs a to c, and Article 5, 4 sub-paragraph a, have been met, unless the adoption takes place within a 5 family or unless the contact is in compliance with the conditions 6 established by the competent authority of the State of origin. 7 Article 30 8 1 The competent Authorities of a Contracting State shall ensure that 9 information held by them concerning the child's origin, in particular 10 information concerning the identity of his or her parents, as well as the 11 medical history, is preserved. 12 2 They shall ensure that the child or his or her representative has access 13 to such information, under appropriate guidance, in so far as is permitted 14 by the law of that State. 15 Article 31 16 Without prejudice to Article 30, personal data gathered or transmitted 17 under the Convention, especially data referred to in Articles 15 and 16, 18 shall be used only for the purposes for which they were gathered or 19 transmitted. 20 Article 32 21 1 No one shall derive improper financial or other gain from an activity 22 related to an intercountry adoption. 23 2 Only costs and expenses, including reasonable professional fees of 24 person involved in the adoption, may be charged or paid. 25 Page 221

 


 

Adoption Bill 2009 Schedule 1 3 The directors, administrators and employees of bodies involved in an 1 adoption shall not receive remuneration which is unreasonably high in 2 relation to services rendered. 3 Article 33 4 A competent authority which finds that any provision of the Convention 5 has not been respected or that there is a serious risk that it may not be 6 respected, shall immediately inform the Central Authority of its State. This 7 Central Authority shall be responsible for ensuring that appropriate 8 measures are taken. 9 Article 34 10 If the competent authority of the State of destination of a document so 11 requests, a translation certified as being in conformity with the original 12 must be furnished. Unless otherwise provided, the costs of such translation 13 are to be borne by the prospective adoptive parents. 14 Article 35 15 The competent authorities of the Contracting States shall act 16 expeditiously in the process of adoption. 17 Article 36 18 In relation to a State which has two or more systems of law with regard 19 to adoption applicable in different territorial units-- 20 a any reference to habitual residence in that State shall be 21 construed as referring to habitual residence in a territorial unit of 22 that State; 23 b any reference to the law of that State shall be construed as 24 referring to the law in force in the relevant territorial unit; 25 Page 222

 


 

Adoption Bill 2009 Schedule 1 c any reference to the competent authorities or to be public 1 authorities of that State shall be construed as referring to those 2 authorised to act in the relevant territorial unit; 3 d any reference to the accredited bodies of that State shall be 4 construed as referring to bodies accredited in the relevant 5 territorial unit. 6 Article 37 7 In relation to a State which with regard to adoption has two or more 8 systems of law applicable to different categories of person, any reference to 9 the law of that State shall be construed as referring to the legal system 10 specified by the law of that State. 11 Article 38 12 A State within which different territorial units have their own rules of 13 law in respect of adoption shall not be bound to apply the Convention 14 where a State with a unified system of law would not be bound to do so. 15 Article 39 16 1 The Convention does not affect any international instrument to which 17 Contracting States are Parties and which contains provisions on matters 18 governed by the Convention, unless a contrary declaration is made by the 19 States Parties to such instrument. 20 2 Any Contracting State may enter into agreements with one or more 21 other Contracting States, with a view to improving the application of the 22 Convention in their mutual relations. These agreements may derogate only 23 from the provisions of Articles 14 to 16 and 18 to 21. The States which 24 have concluded such an agreement shall transmit a copy to the depositary 25 of the Convention. 26 Page 223

 


 

Adoption Bill 2009 Schedule 1 Article 40 1 No reservation to the Convention shall be permitted. 2 Article 41 3 The Convention shall apply in every case where an application pursuant 4 to Article 14 has been received after the Convention has entered into force 5 in the receiving State and the State of origin. 6 Article 42 7 The Secretary General of the Hague Conference on Private International 8 Law shall at regular intervals convene a Special Commission in order to 9 review the practical operation of the Convention. 10 CHAPTER VII--FINAL CLAUSES 11 Article 43 12 1 The Convention shall be open for signature by the States which were 13 Members of the Hague Conference on Private International Law at the time 14 of its Seventeenth Session and by the other States which participated in that 15 Session. 16 2 It shall be ratified, accepted or approved and the instruments of 17 ratification, acceptance or approval shall be deposited with the Ministry of 18 Foreign Affairs of the Kingdom of the Netherlands, depositary of the 19 Convention. 20 Page 224

 


 

Adoption Bill 2009 Schedule 1 Article 44 1 1 Any other State may accede to the Convention after it has entered into 2 force in accordance with Article 46, paragraph 1. 3 2 The instrument of accession shall be deposited with the depositary. 4 3 Such accession shall have effect only as regards the relations between 5 the acceding State and those Contracting States which have not raised an 6 objection to its accession in the six months after the receipt of the 7 notification referred to in sub-paragraph b of Article 48. Such an objection 8 may also be raised by States at the time when they ratify, accept or approve 9 the Convention after an accession. Any such objection shall be notified to 10 the depositary. 11 Article 45 12 1 If a State has two or more territorial units in which different systems of 13 law are applicable in relation to matter dealt with in the Convention, it may 14 at the time of signature, ratification, acceptance, approval or accession 15 declare that this Convention shall extend to all its territorial units or only to 16 one or more of them and may modify this declaration by submitting 17 another declaration at any time. 18 2 Any such declaration shall be notified to the depositary and shall state 19 expressly the territorial units to which the Convention applies. 20 3 If a State makes no declaration under this Article, the Convention is to 21 extend to all territorial units of that State. 22 Article 46 23 1 The Convention shall enter into force on the first day of the month 24 following the expiration of three months after the deposit of the third 25 instrument of ratification, acceptance or approval referred to in Article 43. 26 2 Thereafter the Convention shall enter into force-- 27 a for each State ratifying, accepting or approving it subsequently, 28 or acceding to it, on the first day of the month following the 29 Page 225

 


 

Adoption Bill 2009 Schedule 1 expiration of three months after the deposit of its instrument of 1 ratification, acceptance, approval or accession; 2 b for a territorial unit to which the Convention has been extended 3 in conformity with Article 45, on the first day of the month 4 following the expiration of three months after the notification 5 referred to in that Article. 6 Article 47 7 1 A State Party to the Convention may denounce it by a notification in 8 writing addressed to the depositary. 9 2 The denunciation takes effect on the first day of the month following 10 the expirations of twelve months after the notification is received by the 11 depositary. Where a longer period for the denunciation to take effect is 12 specified in the notification, the denunciation takes effect upon the 13 expiration of such longer period after the notification is received by the 14 depositary. 15 Article 48 16 The depositary shall notify the States Members of the Hague Conference 17 on Private International Law, the other States which participated in the 18 Seventeenth Session and the States which have acceded in accordance with 19 Article 44, of the following-- 20 a the signatures, ratifications, acceptances and approvals referred 21 to in Article 43; 22 b the accessions and objections raised to accessions referred to in 23 Article 44; 24 c the date on which the Convention enters into force in accordance 25 with Article 46; 26 d the declarations and designations referred to in Articles 22, 23, 27 25 and 45; 28 e the agreements referred to in Article 39; 29 f the denunciations referred to in Article 47. 30 Page 226

 


 

Adoption Bill 2009 Schedule 1 In whereof the undersigned, being duly authorised thereto, have signed this 1 Convention. 2 Done at The Hague, on the twenty-ninth day of May 1993, in the English 3 and French languages, both texts being equally authentic, in a single copy 4 which shall be deposited in the archives of the Government of the Kingdom 5 of the Netherlands, and of which a certified copy shall be sent, through 6 diplomatic channels, to each of the States Members of the Hague 7 Conference on Private International Law at the date of its Seventeenth 8 Session and to each of the other States which participated in that Session. 9 Page 227

 


 

Adoption Bill 2009 Schedule 2 Schedule 2 Consequential amendments 1 section 368 2 Child Care Act 2002 3 1 Schedule 2, definition guardian, paragraph (c), `care and 4 custody of the child under the Adoption of Children Act 5 1964'-- 6 omit, insert-- 7 `custody of the child under the Adoption Act 2009'. 8 Child Protection Act 1999 9 1 Section 51X(3)(c)(ii), `Adoption of Children Act 1964'-- 10 omit, insert-- 11 `Adoption Act 2009'. 12 Commission for Children and Young People and Child 13 Guardian Act 2000 14 1 Schedule 4, definition guardian, paragraph (d), `care and 15 custody of the child under the Adoption of Children Act 16 1964'-- 17 omit, insert-- 18 `custody of the child under the Adoption Act 2009'. 19 Page 228

 


 

Adoption Bill 2009 Schedule 2 Commonwealth Powers (Family Law--Children) Act 1 1990 2 1 Schedule, entries for Adoption of Children Act 1964-- 3 omit, insert-- 4 `Adoption Act 2009 section 39 (Court may dispense with need for consent) section 41 (Discharge of dispensation order if relevant parent not served with application) section 51 (Effect of care agreement) section 54 (Ending of care agreement) section 57 (Chief executive becomes guardian when consent is given or dispensed with) section 64 (Chief executive may renounce guardianship) section 65 (Chief executive may ask corresponding officer to renounce guardianship) section 174 (Court may make adoption orders) section 182 (Application for interim order) section 183 (Requirements for making interim order) section 185 (Effect of interim order) section 186 (Discharge of interim order) section 187 (Application for final adoption order if interim order is in force) section 188 (Application for final adoption order in favour of approved carers) section 189 (Requirements for making final adoption order) section 192 (Custody and guardianship if no guardian under Commonwealth Act) Page 229

 


 

Adoption Bill 2009 Schedule 2 section 193 (Custody and guardianship if interim order in force) section 194 (Order ending custody or discharging interim order) section 195 (Application for interim order) section 196 (Requirements for making interim order) section 198 (Chief executive to supervise child's wellbeing and interests) section 199 (Application for final adoption order) section 200 (Requirements for making final adoption order) section 201 (Discharge of interim order on application for final order) section 204 (Application by step-parent) section 208 (Requirements for making final adoption order) section 212 (Application for final adoption order) section 213 (Requirements for making adoption order) section 214 (Effect on relationships) section 215 (Child's name) section 219 (Grounds for discharge) section 225 (Court orders) section 226 (Effect of discharge) section 243 (Who may appeal) section 245 (Stay of operation of decisions) section 247 (Powers of appellate court) section 291 (Recognition of Australian and New Zealand adoptions) section 292 (Recognition of adoptions granted in convention countries) Page 230

 


 

Adoption Bill 2009 Schedule 2 section 293 (Recognition of adoptions granted in non-convention countries) section 296 (Conversion of simple adoption in convention country) section 297 (Conversion of simple adoption by Childrens Court) section 298 (Chief executive to have limited supervision of adopted children) section 299 (Declarations of validity of foreign adoptions) section 331 (Adoption orders) section 332 (Correction of adoption orders) section 339 (Current applications to Supreme Court or Childrens Court) section 340 (Consents to adoption) section 341 (Chief executive's guardianship)'. Coroners Act 2003 1 1 Section 9(1)(c), `Adoption of Children Act 1964, section 2 27'-- 3 omit, insert-- 4 `Adoption Act 2009, section 57 or 65'. 5 2 Section 47(3), definition relevant Act, paragraph (a)(v), 6 `Adoption of Children Act 1964'-- 7 omit, insert-- 8 `Adoption Act 2009'. 9 Page 231

 


 

Adoption Bill 2009 Schedule 2 Freedom of Information Act 1992 1 1 Schedule 1, `Adoption of Children Act 1964, section 2 59(3)'-- 3 omit, insert-- 4 `Adoption Act 2009, section 314'. 5 Page 232

 


 

Adoption Bill 2009 Schedule 3 Schedule 3 Dictionary 1 section 3 2 adoption compliance certificate means a certificate under 3 article 23 of the Hague convention. 4 adoption contract worker means a person engaged as an 5 adoption contract worker under section 317. 6 adoption order means a final adoption order or interim order. 7 adoption plan means an adoption plan in force under part 8. 8 adoptive parent means-- 9 (a) for part 13, a person who has adopted someone else 10 under the relevant adoption mentioned in that part; or 11 (b) otherwise, a person who has adopted someone else 12 under a final adoption order. 13 appellate court means-- 14 (a) for a decision made by the Childrens Court constituted 15 by a judge--the Court of Appeal; or 16 (b) for a decision made by the Childrens Court constituted 17 in another way--the Childrens Court constituted by a 18 judge. 19 appropriate Aboriginal or Torres Strait Islander person see 20 section 318. 21 approved carer, of a child, means an approved carer under the 22 Child Protection Act 1999 in whose care the child has been 23 placed under that Act. 24 approved form, for a purpose, means the form approved for 25 the purpose under section 326. 26 biological father, of a child, includes a man presumed to be 27 the child's father under the Status of Children Act 1978, part 28 3, division 2. 29 Page 233

 


 

Adoption Bill 2009 Schedule 3 biological mother, of a child, includes a woman presumed to 1 be the child's mother under the Status of Children Act 1978, 2 part 3, division 2. 3 biological parent means a biological father or biological 4 mother. 5 birth parent of an adopted person-- 6 (a) means a person who was a parent of the adopted person 7 at any time before the adoption, including-- 8 (i) a biological parent of the adopted person; and 9 (ii) someone who was a parent of the adopted person 10 under a previous adoption; and 11 (b) for part 11, includes a man to the extent provided under 12 section 250. 13 brother includes a half-brother. 14 capacity, to consent to an adoption, means capability to-- 15 (a) understand the nature and effect of the adoption; and 16 (b) freely and voluntarily make decisions about the 17 adoption; and 18 (c) communicate the decisions in some way. 19 care agreement, for part 3, division 1, see section 49. 20 central authority, of a convention country, means the entity 21 designated under article 6 of the Hague convention as the 22 central authority of the country. 23 charge, of an offence, means a charge in any form, including, 24 for example, the following-- 25 (a) a charge on an arrest; 26 (b) a notice to appear served under the Police Powers and 27 Responsibilities Act 2000, section 382; 28 (c) a complaint under the Justices Act 1886; 29 (d) a charge by a court under the Justices Act 1886, section 30 42(1A), or another provision of an Act; 31 (e) an indictment. 32 Page 234

 


 

Adoption Bill 2009 Schedule 3 chief executive (child safety) means the chief executive of the 1 department in which the Child Protection Act 1999 is 2 administered. 3 chief executive (transport) means the chief executive of the 4 department in which the Transport Operations (Road Use 5 Management) Act 1995 is administered. 6 child protection order means a child protection order under 7 the Child Protection Act 1999. 8 commencement day, for part 16, division 2, see section 330. 9 Commission for Children Act means the Commission for 10 Children and Young People and Child Guardian Act 2000. 11 Commonwealth central authority means the Commonwealth 12 Central Authority under the Commonwealth regulation. 13 Commonwealth regulation means the Family Law (Hague 14 Convention on Intercountry Adoption) Regulations 1998 15 (Cwlth). 16 competent authority means-- 17 (a) for a convention country--a central authority for the 18 country; or 19 (b) for a non-convention country--an entity in the country 20 responsible for approving the adoption of children. 21 concerning matter, for part 11, division 6, see section 22 284(3)(b). 23 consent, to an adoption, see section 17. 24 contact statement see section 269(1). 25 convention country see section 322. 26 conviction means a finding of guilt by a court, or the 27 acceptance of a plea of guilty by a court, whether or not a 28 conviction is recorded. 29 country includes a territorial unit or other part of a country. 30 couple means a person and the person's spouse. 31 criminal history, of a person, means-- 32 Page 235

 


 

Adoption Bill 2009 Schedule 3 (a) every conviction of the person for an offence, in 1 Queensland or elsewhere, and whether before or after 2 the commencement of this Act; and 3 (b) every charge made against the person for an offence, in 4 Queensland or elsewhere, and whether before or after 5 the commencement of this Act. 6 current expression of interest-- 7 (a) means an expression of interest made by a person if, in 8 relation to the expression of interest-- 9 (i) the chief executive has not yet decided whether to 10 enter the person's name in the expression of 11 interest register; or 12 (ii) the person's name is in the expression of interest 13 register or the suitable adoptive parents register; 14 and 15 (b) includes any changes notified to the chief executive 16 under part 4. 17 disqualification order means-- 18 (a) an order under the Commission for Children Act, 19 section 126C; or 20 (b) a disqualification order under the Child Protection 21 (Offender Prohibition Order) Act 2008, section 25. 22 disqualifying offence see the Commission for Children Act, 23 section 120B. 24 document, for part 11, division 6, see section 279. 25 domestic violence history, of a person, means the history of 26 domestic violence orders made against the person under the 27 Domestic and Family Violence Protection Act 1989. 28 exchange, for part 11, division 6, see section 279. 29 expression of interest register see section 75(1). 30 father, of a child, means-- 31 (a) if the child has not been adopted--the child's biological 32 father; or 33 Page 236

 


 

Adoption Bill 2009 Schedule 3 (b) if the child has been adopted--the child's current 1 adoptive father. 2 fertility treatment-- 3 (a) means anything done as a treatment or part of a 4 treatment for infertility, including-- 5 (i) an assisted reproductive technology procedure; and 6 (ii) a medical investigation, test or other procedure; 7 and 8 (iii) the use of hormones, drugs or other medication; 9 and 10 (iv) the harvesting of genetic material for future use in 11 an assisted reproductive technology procedure; and 12 (b) does not include the mere storage of genetic material for 13 future use in an assisted reproductive technology 14 procedure. 15 final adoption order means a final adoption order under part 16 9. 17 for, the adoption of a child, for part 14, see section 300. 18 guardian, of a person in relation to a particular matter, means 19 the person's guardian under the Guardianship and 20 Administration Act 2000, or a corresponding law of another 21 State, for the matter. 22 Guardianship and Administration Tribunal means the 23 Guardianship and Administration Tribunal established under 24 the Guardianship and Administration Act 2000, section 81. 25 Hague convention means the Convention on Protection of 26 Children and Cooperation in Respect of Intercountry 27 Adoption, made at the Hague on 29 May 1993, a copy of the 28 English text of which is set out in schedule 1. 29 harm, to a person, means any detrimental effect of a 30 significant nature on the person's physical, psychological or 31 emotional wellbeing. 32 identifies, for part 11, see section 248. 33 Page 237

 


 

Adoption Bill 2009 Schedule 3 identifying information, for part 11, division 6, see section 1 279. 2 imprisonment order-- 3 (a) means either of the following orders-- 4 (i) an order of a court that convicts a person for an 5 offence, if the order includes a penalty that 6 includes imprisonment for the offence, whether 7 wholly or partially suspended; 8 (ii) an intensive correction order under the Penalties 9 and Sentences Act 1992 or an order of another 10 jurisdiction that substantially corresponds to an 11 intensive correction order; but 12 (b) does not include an order of imprisonment that is 13 imposed as a consequence of a breach of a community 14 service order or probation order within the meaning of 15 the Penalties and Sentences Act 1992. 16 infertility means-- 17 (a) for a woman-- 18 (i) an inability, for a reason beyond her control, to 19 conceive; or 20 (ii) a genetically transmitted disorder giving rise to a 21 significant risk that, if she had a child, the child 22 would not survive or the child's health would be 23 seriously impaired; or 24 (iii) a condition giving rise to a significant risk that, if 25 she fell pregnant, the child would not be carried 26 until the child could be delivered alive; or 27 (iv) a condition giving rise to a significant risk that, if 28 she fell pregnant, she would not survive or her 29 health would be seriously impaired; or 30 (b) for a man-- 31 (i) an inability, for a reason beyond his control, to 32 cause a woman to conceive; or 33 Page 238

 


 

Adoption Bill 2009 Schedule 3 (ii) a genetically transmitted disorder giving rise to a 1 significant risk that, if he fathered a child, the child 2 would not survive or the child's health would be 3 seriously impaired. 4 information notice, for a decision, means a written notice 5 stating-- 6 (a) the reasons for the decision; and 7 (b) that the person to whom the notice is given may apply to 8 the tribunal to have the decision reviewed; and 9 (c) how the person may apply for the review, including the 10 time by which the application must be made. 11 Note-- 12 See the Children Services Tribunal Act 2000, section 58 for the time by 13 which a review application must be filed. 14 intercountry adoption means an adoption of a child-- 15 (a) under arrangements, between the chief executive and the 16 competent authority for another country, made while the 17 child is resident in the other country; and 18 (b) that is effected-- 19 (i) under this Act, after the child is brought to 20 Queensland for the purpose of the adoption; or 21 (ii) under a law of the other country, after which the 22 child is brought to Queensland. 23 interim order means an interim order under part 9. 24 investigative information means information decided under 25 part 6, division 10 to be investigative information. 26 local adoption means an adoption of a child under this Act 27 other than-- 28 (a) an intercountry adoption; or 29 (b) an adoption under part 9, division 4. 30 mailbox service see section 278(1). 31 money, for part 11, division 6, see section 279. 32 Page 239

 


 

Adoption Bill 2009 Schedule 3 mother, of a child, means-- 1 (a) if the child has not been adopted--the child's biological 2 mother; or 3 (b) if the child has been adopted--the child's current 4 adoptive mother. 5 National Health and Medical Research Council means the 6 National Health and Medical Research Council established by 7 the National Health and Medical Research Council Act 1992 8 (Cwlth). 9 non-citizen child see the Immigration (Guardianship of 10 Children) Act 1946 (Cwlth), section 4. 11 non-convention country means a country other than 12 Australia, New Zealand or a convention country. 13 non-identifying information, for part 11, division 6, see 14 section 279. 15 notice means written notice. 16 notice of intention, for part 11, division 6, see section 279. 17 offender prohibition order means an offender prohibition 18 order under the Child Protection (Offender Prohibition Order) 19 Act 2008. 20 parent, of a child, means-- 21 (a) the child's mother or father; and 22 (b) anyone else, other than the chief executive (child safety) 23 or a corresponding officer of another jurisdiction, with 24 the right to have the child's daily care, and the right and 25 responsibility to make decisions about the child's daily 26 care, under-- 27 (i) a law of the State other than this Act; or 28 (ii) a law of the Commonwealth or another State; or 29 (iii) a court order other than an order under this Act. 30 Note-- 31 For the narrower definition parent applying to some provisions, see 32 sections 15, 48 and 96. 33 Page 240

 


 

Adoption Bill 2009 Schedule 3 participant, for part 11, division 6, see section 279. 1 party-- 2 (a) to an adoption, means the adopted child, the persons 3 who were the child's parents immediately before the 4 adoption and the child's adoptive parents; or 5 (b) to a proposed adoption, means a person who would be a 6 person mentioned in paragraph (a) if the adoption were 7 completed; or 8 (c) to an adoption plan, means a person who may be a party 9 to the plan under section 166 and who agrees to the plan. 10 personal history means criminal history, domestic violence 11 history and traffic history. 12 placement needs, of a child, means the child's particular 13 needs relating to an adoptive placement, having regard to-- 14 (a) the child's characteristics; and 15 (b) the preferences of the child's parents; and 16 (c) for an intercountry adoption, the requirements of the 17 competent authority for the country that apply to 18 prospective adoptive parents of children from the 19 country. 20 police commissioner means the commissioner of the 21 Queensland Police Service. 22 prescribed document, for part 11, see section 252. 23 prescribed overseas jurisdiction means a jurisdiction 24 prescribed under the Family Law Act 1975 (Cwlth), section 25 111C(3). 26 profile, of a person, means the person's characteristics and 27 preferences relevant to adopting a child. 28 publish, for part 14, see section 300. 29 qualified person, for part 2, division 4, see section 27. 30 recognised entity, for consultation about a matter relating to 31 the adoption of an Aboriginal or Torres Strait Islander child, 32 means an entity on the list kept under the Child Protection Act 33 Page 241

 


 

Adoption Bill 2009 Schedule 3 1999, section 246I that the chief executive is satisfied is an 1 appropriate entity to consult. 2 registrar means the registrar under the Births, Deaths and 3 Marriages Registration Act 2003. 4 relative, for part 11, see section 249. 5 relevant parent, for part 2, division 6, see section 35(1). 6 repealed Act means the repealed Adoption of Children Act 7 1964. 8 serious offence see the Commission for Children Act, section 9 99C. 10 sibling means a brother or sister. 11 sister includes a half-sister. 12 suitability report, for part 9, division 4, see section 203. 13 suitable adoptive parents register see section 102. 14 traffic history of a person means the person's traffic history 15 under the Transport Operations (Road Use Management) Act 16 1995. 17 tribunal means the Children Services Tribunal. 18 © State of Queensland 2009 Page 242

 


 

AMENDMENTS TO BILL

Adoption Bill 2009 Adoption Bill 2009 Amendments agreed to during Consideration 1 Clause 198 (Chief executive to supervise child's wellbeing and interests) Page 118, after line 28-- insert-- `(3) The chief executive may, by written notice, require the prospective adoptive parents to pay the fee prescribed under a regulation for the supervision. `(4) The notice must state the time, not less than 30 days after the notice is given, by which the fee must be paid.'. 2 Clause 298 (Chief executive to have limited supervision of adopted children) Page 173, after line 16-- insert-- `(2A) If the chief executive carries out the supervision, the chief executive may, by written notice, require the child's adoptive parents to pay the fee prescribed under a regulation for the supervision. `(2B) The notice must state the time, not less than 30 days after the notice is given, by which the fee must be paid.'. Page 1

 


 

Adoption Bill 2009 3 Schedule 2 (Consequential amendments) Page 232, lines 1 to 5-- omit, insert-- `Right to Information Act 2009 `1 Schedule 3, section 12(1), second dot point-- omit, insert-- · `Adoption Act 2009, section 314'.' . © State of Queensland 2009

 


[Index] [Search] [Download] [Related Items] [Help]