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ADOPTION ACT 2009 - SECT 275
Court order restricting access to information
275 Court order restricting access to information
(1) An application may be made to the Childrens Court for an order that the
chief executive must not give stated information to a stated person (the
"relevant person" ) under division 2 or 3 .
(2) The application may be made
by an adopted person, a birth parent or adoptive parent of an adopted person
or the chief executive.
(3) As soon as practicable after filing the
application in the court, the applicant must serve a copy of it on the
relevant person and, if the applicant is not the chief executive, serve a copy
on the chief executive.
(4) A served copy must state where and when the
application is to be heard.
(5) The court may dispense with the requirement
to serve a copy of the application on the relevant person if the court is
satisfied of any of the following matters— (a) the applicant can not locate
the relevant person after making all reasonable enquiries;
(b) there would be
an unacceptable risk of harm to the applicant (other than the chief executive)
or someone else if the relevant person were made aware of the application;
(c) there are other special circumstances for giving the dispensation.
(6)
The court may make the order if satisfied there would be an unacceptable risk
of harm to the applicant (other than the chief executive) or someone else if
the information were given.
(7) The application may be made and dealt with
during proceedings for an adoption order or after an adoption order is made.
(8) While the application is pending, the chief executive may withhold the
information from release under division 2 or 3 .
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