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ADOPTION ACT 2009 - SECT 146
Other grounds for removal
146 Other grounds for removal
(1) The chief executive must remove a person’s name from the suitable
adoptive parents register if— (a) for a person who was selected for
assessment under section 88 from the expression of interest register—the
person is not eligible to have the person’s name remain in the
expression of interest register under section 76 ; or
(b) for a person
selected for assessment under section 89 — (i) the person is not a person
mentioned in section 89 (8) (b) (ii) to (v) ; or
(ii) the person was selected
for assessment jointly with the person’s spouse and the spouse stops being
the person’s spouse; or
(iii) the person has a spouse but did not have a
spouse when the person was selected for assessment.
(2) Subsection (1) does
not apply to a person in whose favour an interim order has been made while the
interim order is in force.
(3) The chief executive may remove a person’s
name from the suitable adoptive parents register if— (a) the person gives
information to the chief executive for this Act that is false or misleading in
a material particular; or
(b) the person does not comply with a notice under
section 114 by the due day for the notice; or
(c) the person contravenes
section 115 .
(4) Before removing a person’s name from the register under
this section, the chief executive must give the person a notice (a
"show cause notice" ) stating— (a) that the chief executive proposes to
remove the name; and
(b) the reason for the proposed removal; and
(c) that
the person may, within a stated time of at least 28 days, give the chief
executive a written response to the proposed removal.
(5) The chief executive
must consider any response given by the person within the time stated in the
show cause notice before deciding whether to remove the person’s name.
(6)
If the chief executive decides not to remove the person’s name, the chief
executive must give the person notice of the decision.
(7) If the chief
executive decides to remove the person’s name, the chief executive must give
the person an information notice for the decision.
(8) For subsection (1) (a)
, a person does not become ineligible to have the person’s name remain in
the expression of interest register under section 76 on the ground of being
pregnant unless the person is at least 14 weeks pregnant.
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