Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 274

274 Persons making contact statements presumed to be living

(1) This section applies if a person has given the chief executive a contact statement and has not revoked it.

(2) In the absence of evidence to the contrary, the chief executive must presume the person is still alive.

(3) The chief executive must take steps to find out whether the person is still alive if—

(a) the chief executive receives a request from someone (the
"applicant" ) for information about the person under division 3 ; and

(b) the contact statement is that the person does not wish to be contacted by the applicant; and

(c) the chief executive is aware of information indicating the person has died or may have died.

(4) Otherwise, the chief executive is not required to take steps at any time to determine whether the person is still alive.

Note—

Under the Births, Deaths and Marriages Registration Act 2003 , section 48D , the chief executive and the registrar may enter into an arrangement for giving information about whether a person giving a contact statement has died.