ADOPTION ACT 2009

Queensland Consolidated Acts

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- As at 24 June 2024
- Act 29 of 2009

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement
3. Dictionary

Division 2 - Application, object and guiding principles

4. Act binds all persons
5. Main object of Act
6. Guiding principles
7. Additional principles concerning Aboriginal and Torres Strait Islander persons
8. Act applies despite Anti-Discrimination Act 1991
9. References to child’s wellbeing or best interests
9A. References to person’s spouse if living separately and apart

Division 3 - Adoptions under this Act

10. Who may be adopted
11. Rules of private international law not relevant

Division 4 - Custody and guardianship

12. What is the effect of custody
13. What is the effect of guardianship

PART 2 - CONSENT TO ADOPTION AND RELATED MATTERS

Division 1 - Preliminary

14. Non-application to intercountry adoptions
15. References to parent in pt 2
16. Requirement for consent
17. References to consent

Division 2 - Requirements about consent

18. Form of consent
19. Time of consent
20. Revocation of consent

Division 3 - Giving forms, information and counselling to parents

21. Obligation to enable understanding
22. Parents to be given consent documents
23. Parents to be given prescribed information
24. Parents to be given pre-consent counselling
25. Pre-consent information and counselling for Aboriginal or Torres Strait Islander child
26. Parents’ access to legal advice

Division 4 - Ensuring parents have capacity to consent

27. Meaning of qualified person for div 4
28. Assessing whether a non-adult parent has capacity to consent
29. Declaration of QCAT whether an adult parent has capacity to consent
30. Appointment of guardian for adult parent without capacity to consent

Division 5 - Identifying child’s father and related matters

31. Application of div 5
32. Establishing father’s identity and location
33. Giving notice to father or person suspected to be father
34. Chief executive may apply for declaration of paternity

Division 6 - Dispensing with requirement for parent’s consent

35. Application for dispensation
36. Notice of application
37. Respondent
38. Hearing of application in absence of relevant parent
39. Court may dispense with need for consent
40. Notice of court order
41. Discharge of dispensation order if relevant parent not served with application

Division 7 - Complying interstate consents

42. Consent given under a law of another State

Division 8 - Giving information, counselling and support to child

43. Application of div 8
44. Child must be given information
45. Child must be given counselling
46. Counselling for Aboriginal or Torres Strait Islander child
47. Child may be given other support

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
49. Meaning of care agreement
50. Entering into care agreements
51. Effect of care agreement
52. No agreement against the wishes of a parent
53. Maximum period of care agreement
54. Ending of care agreement

Division 2 - Guardianship of child after consent is given to local adoption

55. Application of div 2
56. Definitions for div 2
57. Chief executive becomes guardian when consent is given or dispensed with
58. Child may be placed in care
59. Effect of consent or dispensation ending
60. Chief executive may place child in parents’ care
61. Other ending of chief executive’s guardianship
61A. Effect of child’s death on chief executive’s guardianship
62. Guardianship under Child Protection Act not affected

Division 3 - Transfer of guardianship between chief executive and corresponding officer for another State

63. Corresponding officers
64. Chief executive may renounce guardianship
65. Chief executive may ask corresponding officer to renounce guardianship

PART 4 - RECRUITMENT AND SELECTION OF PROSPECTIVE ADOPTIVE PARENTS

Division 1 - Planning

66. Chief executive must plan for future need
67. Deciding number of parents to be assessed

Division 2 - Making expressions of interest

68. Who may make an expression of interest
69. Form
70. Nomination relating to local or intercountry adoption
71. Other requirements for expressing an interest
72. Person may express an interest despite previous expressions
73. Changes to current expression of interest or relevant information
74. No expressions of interest while register is closed

Division 3 - Expression of interest register

75. Expression of interest register
76. Eligibility for inclusion in register
77. Notice and information to persons entered in register
78. Notice to persons not entered in register
79. Automatic removal from register
80. Other removal from register
81. Chief executive may require further information
82. Obligation to notify chief executive of changed or new information relevant to eligibility
83. Inclusion in register does not confer entitlement

Division 4 - Closing and re-opening expression of interest register

84. Chief executive may close register
85. Notice of closure
86. Periodic review of closure
87. Re-opening the register

Division 5 - Selections for assessment

88. Selection to meet anticipated future need
89. Selection to meet needs of particular child
90. Joint selection of spouses
91. Notice of selection and fees

PART 5 - APPLICATION BY PERSON WISHING TO ADOPT STEPCHILD

Division 1 - Making an application

92. Who may apply
93. Requirements for application
94. Refusal of application
95. Obligation to notify chief executive of changed or new information relevant to application
95A. Withdrawal of application

Division 2 - How chief executive must deal with accepted application

96. Definitions for div 2
97. Application of div 2
98. Obtaining consents
99. All consents not obtained
100. Automatic lapsing of application
100A. Other lapsing of application

PART 6 - ASSESSMENT OF PROSPECTIVE ADOPTIVE PARENTS

Division 1 - Preliminary

101. Who is assessed
102. Suitable adoptive parents register
103. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986

Division 2 - Purpose and scope of assessment

104. Purpose of assessment
105. Scope of assessment—persons selected to meet anticipated future need
106. Scope of assessment—persons selected to meet needs of particular child
107. Scope of assessment—persons wishing to adopt stepchild

Division 3 - Assessment process

108. Joint assessment of a couple
109. Assessment process
110. Timing and pace of assessment
111. Consent of household members to assessment
112. Fees

Division 4 - Information to assess suitability

113. Application of div 4
114. Chief executive may require information
115. Obligation to notify chief executive of changed or new information relevant to eligibility or suitability
116. Police information
117. Traffic information
118. Consultation with appropriate Aboriginal or Torres Strait Islander person
119. Other information gathering

Division 5 - Bases for deciding suitability

120. Application of div 5
121. Unacceptable risk of harm
122. Health
123. Guiding principles
124. Capacity to be adoptive parent generally
125. Good character
126. Attitudes to children and parenting
127. Adoptive parenting
128. Quality of relationship with spouse
129. Infertility
130. Matters relating to step-parent
131. Aboriginal or Torres Strait Islander children
132. Other cultural matters
133. Other prescribed matters

Division 6 - Action following decision

134. Application of div 6
135. Chief executive must give notice of decision
136. Removal from expression of interest register
137. Entry in suitable adoptive parents register
138. Preparation of report

Division 7 - Interstate register

139. Registration of person on interstate register

Division 8 - Re-assessment of person listed in suitable adoptive parents register

140. When a person may be re-assessed
141. Conduct of re-assessment
142. Re-assessment may be limited
143. Notice of re-assessment

Division 9 - Removal from suitable adoptive parents register

144. Automatic removal from register
145. Removal after re-assessment
146. Other grounds for removal

Division 10 - Investigative information

147. Police commissioner may decide that information about a person is investigative information
148. Appeal from decision that information is investigative information
149. Court to decide matters afresh
150. Consequence of successful appeal

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
152. Application of div 1 when further selection required
153. Chief executive must select prospective adoptive parents

Division 2 - How selection must be made

154. Application of div 2
155. Child’s wellbeing and best interests generally
156. Child’s particular needs
157. Preferences of parents
158. Characteristics of persons who may be selected
159. Eligibility
160. Placement with sibling
161. Other children in adoptive family
162. Initial period of full-time personal care by adoptive parents
163. Additional provisions relating to Aboriginal or Torres Strait Islander children

Division 3 - Facilitating matters between parents and selected persons

164. Facilitating agreement or adoption plan

PART 8 - ADOPTION PLANS

Division 1 - General

165. What is an adoption plan
166. Parties
167. Purpose
168. Nature of plan and limitations on operation
169. Chief executive to help

Division 2 - When is plan required

169A. In-person contact between child and birth family while interim order is in force
170. In-person contact between child and birth family after adoption
171. Child protection order
172. Particular Aboriginal or Torres Strait Islander placements
173. Adoption plans otherwise not compulsory

PART 9 - ADOPTION ORDERS

Division 1 - General matters

174. Court may make adoption orders
175. Consents and pre-consent counselling and information
176. Particular documents not to be served on prospective adoptive parents
177. Proceedings about whether parents have consented
178. Child subject to child protection order
179. Child able to form and express views
180. References to prospective adoptive parents

Division 2 - Local adoptions

181. Application of div 2
182. Application for interim order
183. Requirements for making interim order
184. Period of operation of interim order
185. Effect of interim order
186. Discharge of interim order
187. Application for final adoption order if interim order is in force
188. Application for final adoption order in favour of approved carers or long-term guardians
189. Requirements for making final adoption order
190. Notice of order

Division 3 - Intercountry adoptions

191. Application of div 3
192. Custody and guardianship if no guardian under Commonwealth Act
193. Custody and guardianship if interim order in force
194. Order ending custody or discharging interim order
195. Application for interim order
196. Requirements for making interim order
197. Period of operation of interim order
198. Chief executive to supervise child’s wellbeing and interests
199. Application for final adoption order
200. Requirements for making final adoption order
201. Discharge of interim order on application for final order
202. Notice of order

Division 4 - Adoptions by step-parent

203. Meaning of suitability report
204. Application by step-parent
205. Notice of application
206. Respondents
207. Chief executive must file report
208. Requirements for making final adoption order
209. Notice of order

Division 5 - Adoptions by residents of a convention country

210. Application of div 5
211. Selection of prospective adoptive parents
212. Application for final adoption order
213. Requirements for making adoption order

Division 6 - Effect of final adoption order

214. Effect on relationships
215. Child’s name
216. Effect of adoption orders in relation to property
217. Bequest by will to an unascertained adopted person
218. Transfer or distribution of property by trustee or personal representative

Division 7 - Discharge of final adoption order

219. Grounds for discharge
220. Who may apply
221. How to apply
222. Respondent
223. Hearing not to be in public
224. Hearing of application in absence of party
225. Court orders
226. Effect of discharge

PART 10 - COURT PROCEEDINGS

Division 1 - Preliminary

227. Application of pt 10

Division 2 - Constitution of court and procedural provisions

228. Court’s constitution
229. Court’s paramount consideration
230. Evidence
231. Court to ensure parties understand proceeding
232. Expert help
233. Right of appearance and representation
234. Right of appearance of departmental coordinators
235. Separate legal representation of child
236. Support for child
237. Legal representation of more than 1 child
238. Child can not be compelled to give evidence
239. Court may hear submissions from non-parties to proceeding
240. Transfer of proceedings
241. Hearing of applications together
242. Costs

Division 3 - Appeals

243. Who may appeal
244. How to start appeal
245. Stay of operation of decisions
246. Hearing procedures
247. Powers of appellate court

PART 11 - ACCESS TO ADOPTION INFORMATION

Division 1 - Preliminary

248. Identifying information
249. Meaning of relative
250. References to birth parent—who is a biological father
251. Application to persons who have died
252. Prescribed documents
253. Release of altered documents
254. How request for information is made

Division 2 - Access to particular identifying information while adopted person is a child

255. Application of div 2
256. Request by, or on behalf of, adopted child
256A. Additional information about identity of person who may be biological father
257. Request by birth parent
258. Taking steps to obtain consent to disclosure
259. Support for persons involved in disclosure of information
260. Adoption plan may include consent or request not to be asked for consent
261. Access to information is subject to court order

Division 3 - Access to particular information when adopted person is an adult

262. Application of div 3
263. Request by adopted person
263A. Additional information about identity of person who may be biological father
264. Request by adult relative in place of adopted person
265. Request by birth parent
266. Request by adult relative in place of birth parent
267. Request by pre-adoption sibling
268. Limitations on access to information

Division 4 - Contact statements and related matters

269. Contact statements
270. (Repealed)
271. Contact statement obligations
272. (Repealed)
273. Currency and revocation of contact statements
274. Persons making contact statements presumed to be living

Division 5 - Miscellaneous

275. Court order restricting access to information
276. Chief executive may obtain or disclose non-identifying medical information
277. Intercountry adoption

Division 6 - Mailbox service

278. What is the mailbox service
279. Other definitions for div 6
280. Who is eligible to take part
281. Exchanging non-identifying information
282. Exchanging identifying information
283. Notice of intention to take part
284. Receipt and review of documents
285. Document with no identifying information or concerning matter
286. Document with identifying information or concerning matter
287. Photographs of persons more than 2 years old

PART 12 - REGISTRATION OF ADOPTIONS

288. Definitions for pt 12
289. Chief executive must notify registrar
290. Entitlement to information or source document relating to particular entries
290A. Application for notice of adoptions in another country
290B. Deciding applications for notice of adoptions in another country
290C. Registrar to record information about adoptions granted in another country

PART 13 - RECOGNITION OF ADOPTIONS AND RELATED MATTERS

Division 1 - Recognition of interstate and overseas adoptions

291. Recognition of Australian and New Zealand adoptions
292. Recognition of adoptions granted in convention countries
293. Recognition of adoptions granted in non-convention countries

Division 2 - Simple adoptions

294. Definitions for div 2
295. Simple adoption does not end parent-child relationship
296. Conversion of simple adoption in convention country
297. Conversion of simple adoption by Childrens Court

Division 3 - Other matters concerning overseas adoptions

298. Chief executive to have limited supervision of adopted children
299. Declarations of validity of overseas adoptions

PART 14 - OFFENCES

300. Definitions for pt 14
301. Territorial application
302. False representation about arranging adoption
303. Giving or receiving consideration
304. Advertisements and other published matters
305. False or misleading information
306. Improperly witnessing a consent
307. Fraud or undue influence

PART 14A - PROCEEDINGS BEFORE QCAT

Division 1 - Preliminary

307A. Application of pt 14A
307B. Definitions for pt 14A
307C. Object of pt 14A
307D. Principles for tribunal in matters relating to this Act

Division 2 - Notice for proceedings

307E. Government entity may nominate decision-maker

Division 3 - Proceedings

307F. Constitution of tribunal and hearing of compulsory conference
307G. Hearing must usually be held in private

Division 4 - Children in proceedings

307H. Requirements about ensuring proper understanding of tribunal proceedings
307I. Separate representation of children
307J. Children must not be compelled to give evidence
307K. Child’s right to express views to tribunal
307L. Children giving evidence or expressing views to tribunal
307M. Questioning of children

Division 5 - Confidentiality

307N. Confidentiality order
307O. Limited access to tribunal’s register of proceedings
307P. Limited access to tribunal’s record of proceedings
307Q. Certain information not to be published

PART 15 - GENERAL

Division 1 - Matters about offences and proceedings

308. Types of offences
309. Proceedings for indictable offence
310. Limitation on who may summarily hear indictable offence
311. Limitation on time for starting summary proceeding
312. Evidentiary provisions for proceedings under this Act
313. Proof of adoptions

Division 2 - Confidentiality

314. Confidentiality of information obtained by persons involved in administration of Act
315. Publishing identifying material
316. Disclosure to other jurisdictions

Division 3 - Miscellaneous

317. Adoption contract workers
318. Meaning of appropriate Aboriginal or Torres Strait Islander person
319. Right of review against particular decisions
320. Delegation
321. Protection from liability
322. Convention countries
323. State central authority
324. Research
325. Assistance to adoptive parents and others
326. Approved forms
327. Further review of Act
328. Regulation-making power

PART 16 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

Division 1 - Repeal

329. Repeal of Adoption of Children Act 1964

Division 2 - Savings and transitional provisions for Act No. 29 of 2009

330. Meaning of commencement day
331. Adoption orders
331A. Interim orders
332. Correction of adoption orders
333. Application by step-parent
334. Special Needs Children’s Adoption List
335. Review of decision to remove name from adoption list
336. Expression of interest register
337. Uncompleted review of decision to remove persons from expression of interest register
338. Suitable adoptive parents register
339. Current applications to Supreme Court or Childrens Court
340. Consents to adoption
341. Chief executive’s guardianship
342. Current applications to chief executive to convert simple adoption
343. Particular objections continue in force as contact statements for pt 11
344. Current application to chief executive to disclose particular information
345. Entitlement to particular records
346. Transitional—effect of adoption orders in relation to property

Division 3 - Transitional provisions for Adoption and Other Legislation Amendment Act 2016

347. Definition for division
348. Effect of s 61A on chief executive’s guardianship
349. Expression of interest not decided before commencement
350. Right to review and existing reviews of particular decisions under ss 78, 80 and 146
351. Eligibility for persons currently in expression of interest register
352. Particular persons selected for assessment
353. Eligibility for persons currently in suitable adoptive parents register
354. Time limit on particular reports under s 138 and applications under s 204
355. Child’s name for final adoption order
356. Request for information under pt 11
357. Consent of adoptive parent not required for particular request by adopted child under s 256
358. Persons transitioned to suitable adoptive parents register under s 338

Division 4 - Transitional provision for Child Protection Reform and Other Legislation Amendment Act 2022

359. Application of new s 198 to particular actions under pt 9, div 3
SCHEDULE 1
SCHEDULE 3

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