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ADOPTION ACT 2009 - SCHEDULE 3
SCHEDULE 3 – Dictionary
"adoption compliance certificate" means a certificate under article 23 of the
Hague convention.
"adoption contract worker" means a person engaged as an adoption contract
worker under section 317 .
"adoption order" means a final adoption order or interim order.
"adoption plan" means an adoption plan in force under part 8 .
"adoption proceeding" , for part 14A , see section 307A .
"adoptive parent" means—
(a) for parts 12 and 13 , a person who has adopted
someone else under the relevant adoption mentioned in that part; or
(b)
otherwise, a person who has adopted someone else under a final adoption order.
"appellate court" means— (a) for a decision made by the Childrens Court
constituted by a judge—the Court of Appeal; or
(b) for a decision made by
the Childrens Court constituted in another way—the Childrens Court
constituted by a judge.
"appropriate Aboriginal or Torres Strait Islander person" see section 318 .
"approved carer" , of a child, means an approved carer under the
Child Protection Act 1999 in whose care the child has been placed under that
Act.
"approved form" , for a purpose, means the form approved for the purpose under
section 326 .
"biological father" , of a child, includes a man presumed to be the child’s
father under the Status of Children Act 1978 , part 3 , division 2 .
"biological mother" , of a child, includes a woman presumed to be the
child’s mother under the Status of Children Act 1978 , part 3 , division 2 .
"biological parent" means a biological father or biological mother.
"birth parent" of an adopted person— (a) means a person who was a parent of
the adopted person at any time before the adoption, including— (i) a
biological parent of the adopted person; and
(ii) someone who was a parent of
the adopted person under a previous adoption; and
(b) for part 11 , includes
a man to the extent provided under section 250 .
"brother" includes a half-brother.
"capacity" , to consent to an adoption, means capability to— (a) understand
the nature and effect of the adoption; and
(b) freely and voluntarily make
decisions about the adoption; and
(c) communicate the decisions in some way.
"care agreement" , for part 3 , division 1 , see section 49 .
"central authority" , of a convention country, means the entity designated
under article 6 of the Hague convention as the central authority of the
country.
"charge" , of an offence, means a charge in any form, including, for example,
the following— (a) a charge on an arrest;
(b) a notice to appear served
under the Police Powers and Responsibilities Act 2000 , section 382 ;
(c) a
complaint under the Justices Act 1886 ;
(d) a charge by a court under the
Justices Act 1886 , section 42 (1A) , or another provision of an Act;
(e) an
indictment.
"chief executive (child safety)" means the chief executive of the department
in which the Child Protection Act 1999 is administered.
"chief executive (transport)" means the chief executive of the department in
which the Transport Operations (Road Use Management) Act 1995 is administered.
"child protection order" means a child protection order under the
Child Protection Act 1999 .
"commencement day" , for part 16 , division 2 , see section 330 .
"Commission for Children Act" ...
"Commonwealth central authority" means the Commonwealth Central Authority
under the Commonwealth regulation.
"Commonwealth regulation" means the Family Law (Hague Convention on
Intercountry Adoption) Regulations 1998 (Cwlth) .
"competent authority" means— (a) for a convention country—a central
authority for the country; or
(b) for a non-convention country—an entity in
the country responsible for approving the adoption of children.
"concerning matter" , for part 11 , division 6 , see section 284 (3) (b) .
"consent" , to an adoption, see section 17 .
"contact statement" see section 269 (1) .
"convention country" see section 322 .
"conviction" means a finding of guilt by a court, or the acceptance of a plea
of guilty by a court, whether or not a conviction is recorded.
"country" includes a territorial unit or other part of a country.
"couple" means a person and the person’s spouse.
"criminal history" , of a person, means— (a) every conviction of the person
for an offence, in Queensland or elsewhere, and whether before or after the
commencement of this Act; and
(b) every charge made against the person for an
offence, in Queensland or elsewhere, and whether before or after the
commencement of this Act.
"current expression of interest" — (a) means an expression of interest made
by a person if, in relation to the expression of interest— (i) the chief
executive has not yet decided whether to enter the person’s name in the
expression of interest register; or
(ii) the person’s name is in the
expression of interest register or the suitable adoptive parents register; and
(b) includes any changes notified to the chief executive under part 4 .
"disqualification order" means— (a) an order under the Working with Children
(Risk Management and Screening) Act 2000 , section 357 ; or
(b) a
disqualification order under the Child Protection (Offender Reporting and
Offender Prohibition Order) Act 2004 , section 13T .
"disqualifying offence" see the Working with Children (Risk Management and
Screening) Act 2000 , section 16 .
"document" , for part 11 , division 6 , see section 279 .
"domestic violence history" , of a person, means the history of domestic
violence orders made against the person under the
Domestic and Family Violence Protection Act 2012 .
"exchange" , for part 11 , division 6 , see section 279 .
"expression of interest register" see section 75 (1) .
"father" , of a child, means— (a) if the child has not been adopted—the
child’s biological father; or
(b) if the child has been adopted—the
child’s current adoptive father.
"fertility treatment" ...
"final adoption order" means a final adoption order under part 9 .
"for" , the adoption of a child, for part 14 , see section 300 .
"guardian" , of a person in relation to a particular matter, means the
person’s guardian under the Guardianship and Administration Act 2000 , or a
corresponding law of another State, for the matter.
"Guardianship and Administration Tribunal" ...
"Hague convention" means the Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption, made at the Hague on 29 May
1993, a copy of the English text of which is set out in schedule 1 .
"harm" , to a person, means any detrimental effect of a significant nature on
the person’s physical, psychological or emotional wellbeing.
"identifies" , for part 11 , see section 248 .
"identifying information" , for part 11 , division 6 , see section 279 .
"imprisonment order" — (a) means either of the following orders— (i) an
order of a court that convicts a person for an offence, if the order includes
a penalty that includes imprisonment for the offence, whether wholly or
partially suspended;
(ii) an intensive correction order under the
Penalties and Sentences Act 1992 or an order of another jurisdiction that
substantially corresponds to an intensive correction order; but
(b) does not
include an order of imprisonment that is imposed as a consequence of a breach
of a community service order or probation order within the meaning of the
Penalties and Sentences Act 1992 .
"independent Aboriginal or Torres Strait Islander entity" , for an Aboriginal
or Torres Strait Islander child, means an entity that— (a) is an independent
Aboriginal or Torres Strait Islander entity for the child under the
Child Protection Act 1999 , section 11A (1) ; and
(b) the chief executive is
satisfied is an appropriate entity to consult about a matter relating to the
child’s adoption.
"infertility" ...
"information notice" means a notice complying with the QCAT Act , section 157
(2) .
"intercountry adoption" means an adoption of a child— (a) under
arrangements, between the chief executive and the competent authority for
another country, made while the child is resident in the other country; and
(b) that is effected— (i) under this Act, after the child is brought to
Queensland for the purpose of the adoption; or
(ii) under a law of the other
country, after which the child is brought to Queensland.
"interim order" means an interim order under part 9 .
"investigative information" means information decided under part 6 , division
10 to be investigative information.
"local adoption" means an adoption of a child under this Act other than— (a)
an intercountry adoption; or
(b) an adoption under part 9 , division 4 .
"long-term guardian" , of a child, see the Child Protection Act 1999 ,
schedule 3 .
"mailbox service" see section 278 (1) .
"member" , of a person’s household, includes— (a) someone who lives in the
person’s home; and
(b) an adult who, because of the nature of the adult’s
contact with a child who may be adopted by the person and the context in which
that contact is likely to happen, may pose an unacceptable risk of harming the
child.
"money" , for part 11 , division 6 , see section 279 .
"mother" , of a child, means— (a) if the child has not been adopted—the
child’s biological mother; or
(b) if the child has been adopted—the
child’s current adoptive mother.
"National Health and Medical Research Council" means the National Health and
Medical Research Council established by the
National Health and Medical Research Council Act 1992 (Cwlth) .
"non-citizen child" see the Immigration (Guardianship of Children) Act 1946
(Cwlth) , section 4 .
"non-convention country" means a country other than Australia, New Zealand or
a convention country.
"non-identifying information" , for part 11 , division 6 , see section 279 .
"notice" means written notice.
"notice of intention" , for part 11 , division 6 , see section 279 .
"offender prohibition order" means an offender prohibition order under the
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
.
"parent" , of a child, means— (a) the child’s mother or father; and
(b)
anyone else, other than the chief executive (child safety) or a
corresponding officer of another jurisdiction, with the right to have the
child’s daily care, and the right and responsibility to make decisions about
the child’s daily care, under— (i) a law of the State other than this Act;
or
(ii) a law of the Commonwealth or another State; or
(iii) a court order
other than an order under this Act.
Note— For the narrower definition
"parent" applying to some provisions, see sections 15 , 48 and 96 .
"participant" , for part 11 , division 6 , see section 279 .
"party" — (a) to an adoption, means the adopted child, the persons who were
the child’s parents immediately before the adoption and the child’s
adoptive parents; or
(b) to a proposed adoption, means a person who would be
a person mentioned in paragraph (a) if the adoption were completed; or
(c) to
an adoption plan, means a person who may be a party to the plan under
section 166 and who agrees to the plan.
"personal history" means criminal history, domestic violence history and
traffic history.
"placement needs" , of a child, means the child’s particular needs relating
to an adoptive placement, having regard to— (a) the child’s
characteristics; and
(b) the preferences of the child’s parents; and
(c)
for an intercountry adoption, the requirements of the competent authority for
the country that apply to prospective adoptive parents of children from the
country.
"police commissioner" ...
"prescribed document" , for part 11 , see section 252 .
"prescribed overseas jurisdiction" means a jurisdiction prescribed under the
Family Law Act 1975 (Cwlth) , section 111C (3) .
"president" , for part 14A , see section 307B .
"profile" , of a person, means the person’s characteristics and preferences
relevant to adopting a child.
"publish" , for part 14 , see section 300 .
"qualified person" , for part 2 , division 4 , see section 27 .
"recognised entity" ...
"registrar" — (a) for part 14A —see section 307B ; or
(b)
otherwise—means the registrar under the
Births, Deaths and Marriages Registration Act 2023 .
"registrar" ...
"relative" , for part 11 , see section 249 .
"relevant parent" , for part 2 , division 6 , see section 35 (1) .
"repealed Act" means the repealed Adoption of Children Act 1964 .
"review application" , for part 14A , see section 307B .
"separate representative" , for part 14A , see section 307B .
"serious offence" see the Working with Children (Risk Management and
Screening) Act 2000 , section 15 .
"sibling" means a brother or sister.
"sister" includes a half-sister.
"suitability report" , for part 9 , division 4 , see section 203 .
"suitable adoptive parents register" see section 102 .
"support person" , for part 14A , see section 307B .
"traffic history" of a person means the person’s traffic history under the
Transport Operations (Road Use Management) Act 1995 .
"tribunal" , for part 14A , see section 307B .
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