Victorian Current Acts

ADOPTION ACT 1984 - SECT 100A

    (1)     The Secretary may use and disclose adoption information in accordance with this section.

    (2)     Use and disclosure under this section may be—

        (a)     on the Secretary's own initiative; or

        (b)     at the request of a person, other than an individual.

    (3)     In determining whether to disclose the adoption information to a person who has requested it or on the Secretary's own initiative, the Secretary must have regard to the following, if relevant—

        (a)     whether the use and disclosure of the adoption information would be in the best interests of any adopted person or adopted child who may be able to be identified from the adoption information;

        (b)     the sensitivity of the adoption information;

        (c)     whether there are risks to the safety or privacy of any individual who may be identified as a result of the disclosure of the adoption information and whether those risks can be managed;

        (d)     whether the use and disclosure of the adoption information would be—

              (i)     in the public interest; or

              (ii)     in the interests of justice;

        (e)     whether the use and disclosure of the adoption information is necessary to enable the person who has requested it or any other person to effectively and efficiently carry out its functions;

        (f)     whether the use and disclosure of the adoption information is necessary to promote an individual's wellbeing and safety or to assess or manage the risk of harm to an individual;

        (g)     whether in all the circumstances it is desirable to use and disclose the adoption information.

    (4)     A person to whom adoption information is disclosed under this section must not use or disclose that information other than for the purposes for which it was disclosed.

    (5)     In this section—

"adoption information" includes the following, to the extent that they are under the possession or control of the Secretary—

        (a)     reports and records referred to in section 83;

        (b)     records of adoptions referred to in section 85;

        (c)     information about an adopted person as defined in section 91 ;

        (d)     any other prescribed information.

Division 3—Adoption Information Service