Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADOPTION ACT 1984 - SECT 82

Definitions

In this Part, unless the contrary intention appears—

"adopted person" means a person—

        (a)     an order for whose adoption was made under this Act or any corresponding previous enactment; or

        (b)     an order for whose adoption was made (whether before or after the commencement of this section) in a place outside the State but whose birth was registered in Victoria;

"agency" means an approved agency or an organization approved as a private adoption agency under the Adoption of Children Act 1964 ;

S. 82 def. of natural parent amended by Nos 10244 s. 10, 46/1998
s. 7(Sch. 1).

"natural parent" in relation to an adopted person means—

        (a)     a person whose name is entered in the entry relating to the child in a register of births (whether in Victoria or in a place outside Victoria) as a parent of the person;

        (b)     a man who is declared to be the father of the person under a declaration of paternity in force under section 10 of the Status of Children Act 1974 , being a declaration a copy of which is filed under section 9(3) of that Act in the office of the Registrar;

        (c)     a man against whom an order has been made under section 10 or 12 of the Maintenance Act 1965 in respect of the child, being an order a copy of which is filed in the office of the Registrar under section 9(3) of the Status of Children Act 1974 ;

        (d)     a man who is named in an instrument filed in the office of the Registrar under section 9(1) of the Status of Children Act 1974 that acknowledges that he is the father of the person; or

        (e)     unless there is evidence that the man is not the father of the person—a man who has lodged with the Secretary evidence that—

              (i)     an order has been made outside Victoria that, under section 8(5) of the Status of Children Act 1974 is prima facie evidence that he is the father of the person;

              (ii)     he was at any time, liable under an order of the Family Court of Australia for the maintenance of the person; or

              (iii)     he has at any time been granted under an order of the Family Court of Australia, access to or custody or guardianship of the person—

and, in relation to an application under section 95, 96 or 103, includes a man who satisfies the Secretary that there is prima facie evidence that the man is the father of the person;

S. 82 def. of relevant authority amended by No. 46/1998
s. 7(Sch. 1).

"relevant authority" in relation to an application for information means—

        (a)     the Secretary;

        (b)     where the application relates to information contained in records in the possession or under the control of an approved agency—that approved agency; or

        (c)     where the Secretary declares in writing that an approved agency is a relevant authority for the purposes of this Part for the time being or in relation to particular applications for information—an approved agency to which the declaration relates.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback