Table of Provisions s4

Version No. 063

Adoption Act 1984

No. 10150 of 1984

Version incorporating amendments as at
1 July 2013

table of provisions

Section Page

vi

Section Page

Part I—Preliminary 1

1 Short title 1

2 Commencement 1

3 Repeals, savings and transitional provisions 1

4 Definitions 3

5 Approved counsellors 8

6 The Court 9

7 Jurisdiction 9

8 Rules of private international law not to apply 10

9 Welfare and interests of child to be paramount 10

Part II—Adoptions Under this Act 11

Division 1—General 11

10 Who may be adopted 11

10A Application for adoption order 11

11 Persons in whose favour adoption orders may be made 12

12 Orders in favour of relatives 15

13 Approval of persons to adopt children 16

13A Register of approved persons 17

14 Wishes of child 18

15 Court to be satisfied as to certain matters 18

16 Notice of application for adoption orders 19

17 Parties 20

18 Custody etc. after refusal of an application for an adoption
order 20

19 Discharge of adoption orders 21

Division 2—Arrangement of adoptions 23

20 Adoptions may be arranged by Secretary or by approved
agency 23

20A Determinations by Secretary or approved agency 24

21 Application for approval of adoption agency 25

22 Secretary may grant or refuse application 25

23 Authorized agencies—non-citizen children 26

24 Revocation or suspension of approval 26

25 Period of approval of agency 27

26 Renewal of approval 27

27 Effect of cessation or suspension of approved agency 28

28 Effect of revocation or suspension of authority under section23 29

29 Ending of suspension of approval or authority 29

30 Notice of approval to be published in Government Gazette 30

31 Acts of principal officer deemed acts of approved agency 30

32 Duties of Secretary and approved agencies 30

Division 3—Consents to adoptions 31

33 Consents required to adoptions 31

34 Manner of giving consent 33

35 Requirements to be complied with 35

36 Consent by guardian under section 33(6) 36

37 Consent subject to conditions 37

38 Revocation of consent on notice of inability to place child 38

39 Consents to be construed as general consents 38

40 Consents given under law of another State or a Territory 39

41 Revocation of consents 39

42 Defective consents 40

43 Court may dispense with consents 41

44 Person who gives consent to be given notice of certain events 44

Division 4—Care of child 45

45 Care of child awaiting adoption 45

46 Guardianship of child awaiting adoption 46

47 Guardianship of non-citizen child 50

48 Natural parent's right of access after consent 50

Division 5—Court to be satisfied as to certain additional matters 51

49 Putative father 51

50 Adoption of Aboriginal child 52

51 Order for adoption of non-citizen child 54

Part III—Adoption Orders Under this Act 56

Division 1—General 56

52 Certificate of adoption 56

Division 2—Effect of adoption orders 56

53 General effect of adoption orders 56

54 Effect of orders as regards dispositions of propertyetc. 57

55 Bequest by will to unascertained adopted person 59

56 Names of adopted child 61

57 Effect of order on domicile 62

58 Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given 63

Division 3—Adoption orders subject to conditions 63

59 Certain adoption orders subject to condition 63

59A Adoption order subject to certain conditions 64

60 Variation of orders and conditions 64

61 Cessation of condition 66

Division 4—Interim orders 66

62 Making of interim orders 66

63 Duration of interim orders 66

64 Discharge of interim orders 67

Part IV—Recognition of Adoptions 68

65 Application of Part 68

66 Recognition of Australasian adoptions 68

67 Recognition of foreign adoptions 69

68 Supervision of certain adopted children 71

69 Declarations of validity of foreign adoptions 73

Part IVA—Adoptions Under the Hague
Convention 76

Division 1—Court orders and recognition of adoptions 76

69A Adoption of child in Victoria who is to live in a Convention country 76

69B Adoption in Victoria of a child from a Convention country 77

69C Issue of adoption compliance certificate 78

69D Recognition of adoption of a child from a Convention country
to Australia 78

69E Recognition of adoption of a child from a Convention country
to another Convention country 79

69F Effect of recognition of adoption under this Part 79

69G Evidential value of adoption compliance certificate 80

69H Order terminating legal relationship between child and parents 80

69I Refusal to recognise an adoption or an article 27 decision 81

69J Report on person who wishes to adopt a child in a Convention country 82

Division 2—State Central Authority 83

69K State Central Authority 83

69L Functions of State Central Authority 83

69M Delegation 84

Division 3—Accredited bodies 84

69N Application for accreditation 84

69O Accreditation 84

69P Revocation or suspension of accreditation 86

69Q Effect of suspension or revocation of accreditation 86

69R Renewal of accreditation 87

69S Gazettal and notification to Commonwealth of accreditation matters 88

Part IVB—Bilateral Arrangements for Intercountry Adoptions 90

69T Definitions 90

69U Recognition of an adoption in a prescribed overseas
jurisdiction of a child from that jurisdiction 90

69V Effect of recognition of adoption under this Part 91

69W Refusal to recognise an adoption under this Part 91

69X Evidential value of adoption certificate 91

69Y Report on person who wishes to adopt a child in a prescribed overseas jurisdiction 92

Part V—Registration of Orders 93

70 Registration of orders 93

71 Sending of memoranda of orders to other States etc. 94

72 Registration of orders received from other Statesetc. 94

73 Registration of certain foreign orders 95

73A Registration of adoption of a child from a Convention country
to Australia 96

74 Certain entries to be marked "adopted" 97

75 Index to be kept by Registrar 97

76 Register of Adoptions not open for search 98

77 Index of births 98

78 Application for information about birth of adopted person 99

79 Place of birth 101

79A Adoption records 102

79B Secretary may obtain information from Registrar 104

80 Discharge of order 104

81 Correction of errors 105

Part VI—Access to Information 106

Division 1—General 106

82 Definitions 106

83 Restriction on access to reports and records 108

84 Access to certain documents under the Freedom of
Information Act1982 109

85 Records of adoptions 110

86 Secretary may obtain information from a Court 111

87 Counselling services 111

88 Protection of privacy 112

89 Disclosure of medical information 112

90 Secretary to provide information 113

Division 1A—Contact statements by adult adopted persons 115

90A Contact statement by adult adopted person about contact
with natural parents 115

90B Duration of contact statements 115

Division 2—Persons entitled to birth certificates or information 116

91 Interpretation 116

92 Access to birth certificates of adopted persons 116

93 Adopted person's right to information at age eighteen 119

94 Adopted person's right to information under age eighteen 120

95 Natural parent's right to information about adopted person
under age eighteen 121

96 Natural parent's right to information about adult adopted
person 122

96A Person's right to information about parent's adoption 123

97 Natural relative's right to information 124

98 Adoptive parent's right to information 126

99 Application to Court 127

100 Other person's right to information 129

Division 3—Adoption Information Service 129

101 Definition 129

102 Adoption Information Service 129

103 Adoption Information Register 130

104 Secretary to give assistance 132

Part VII—Miscellaneous 133

Division 1—General 133

105 Financial assistance 133

106 Separate representation of child 133

107 Hearings to be in camera 134

108 Secretary may appear at hearings 134

109 Costs 134

110 Judicial notice of signatures 135

111 Certified copies etc. of adoption orders to be evidence 135

112 Fees for assessment of applicants for adoption of child
outside Australia 135

113 Waiver of fees 136

114 Registrar to give notices concerning Aboriginal children 136

115 Arrangements for adoption of children outside Australia 137

Division 2—Offences 138

116 Territorial application of Part 138

117 Taking away etc. adopted child by natural parent 138

118 Harbouring child taken from adoptive parents 139

119 Payments in consideration of adoptions etc. 139

120 Restrictions on advertising 141

121 Restriction on publication of identity of parties 141

122 Penalty for making unauthorized arrangements 144

123 Agency etc. to comply with request for information 145

124 False statements 145

125 Personation 145

126 Presenting forged consent etc. 146

127 Improperly witnessing consent to adoption 146

127A Contact contrary to current contact statement prohibited 147

128 Penalty 147

129 Authority to prosecute 147

Division 2A—Application for review 148

129A Review by Victorian Civil and Administrative Tribunal 148

Division 3—Regulations 149

130 Regulations 149

Division 4—Transitional provisions 151

131 Transitional for applications 151

______

SCHEDULE 1—Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 152

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ENDNOTES 166

1. General Information 166

2. Table of Amendments 167

3. Explanatory Details 171

vi

Version No. 063

Adoption Act 1984

No. 10150 of 1984

Version incorporating amendments as at
1 July 2013

An Act to amend and re-enact the Law relating to Adoption, to repeal the Adoption of Children Act 1964, to make consequential amendments to certain Acts and for other purposes.

90

Adoption Act 1984
No. 10150 of 1984

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Part I—Preliminary

1 Short title

This Act may be cited as the Adoption Act 1984.

2 Commencement

The several provisions of this Act shall come into operation on a day or days to be proclaimed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

3 Repeals, savings and transitional provisions

S. 3(1)(2) repealed by No. 32/2000 s.18.

* * * * *

(3) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under the Adoption of Children Act 1964 or existing or continuing under that Act immediately before the commencement of this Act shall, under and subject to this Act, continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed; and

(b) in particular and without affecting the generality of paragraph (a), such repeal shall not disturb the continuity of status, operation or effect of any rule, order, authority, application, decision, consent, bond, register, direction, liability or right made, affected, issued, granted, given, passed, accrued, incurred or acquired or existing or continuing by or under the Adoption of Children Act 1964 before the commencement of this section.

s. 3

(4) Subject to this Act, sections 53 and 54 (other than subsection (4)) apply in relation to an adoption order made under, or continued in force by, any corresponding previous enactment as if this Act had been in force when the order was made and the order had been made under this Act.

(5) In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this section, an adoption order referred to in subsection (4) shall have the same effect as if this Act had not been passed.

S. 3(6) repealed by No. 32/2000 s.18.

* * * * *

(7) Notwithstanding the repeal of the Adoption of Children Act 1964, that Act shall continue to apply to and in relation to arrangements and negotiations for the adoption of a child in respect of whom all consents necessary under that Act for the adoption have been obtained or have been dispensed with before the commencement of this section and to the making of orders for the adoption of any such child.

No. 7147 s.4.

4 Definitions

s. 4

(1) In this Act, unless inconsistent with the context or subject-matter—

Aborigine means a person who—

(a) is descended from an Aborigine or Torres Strait Islander;

(b) identifies as an Aborigine or Torres Strait Islander; and

(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

S. 4(1) def. of accredited body insertedby No. 32/2000 s.5(1).

accredited body means a body accredited under section 69O as an accredited body for the purposes of the Hague Convention;

S. 4(1) def. of adoption compliance certificate inserted by No. 32/2000 s.5(1).

adoption compliance certificate means a certificate issued in accordance with article23 of the Hague Convention;

adoption order means an order for the adoption of a child under this Act;

S. 4(1) def. of approved agency amended by No. 46/1998
s. 7(Sch. 1).

approved agency means a welfare organization approved by the Secretary under Division 2 of Part II;

approved counsellor means a person who is for the time being approved as a counsellor under section 5;

S. 4(1) def. of Central Authority inserted by No. 32/2000 s.5(1).

Central Authority means a person or office designated for a Convention country under article 6 of the Hague Convention;

child means a person who has not attained the age of 18 years or a person who has attained that age in respect of whom an adoption order is sought or has been made;

S. 4(1) def. of Common-wealth Central Authority inserted by No. 32/2000 s.5(1).

Commonwealth Central Authority has the same meaning as in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[1];

s. 4

S. 4(1) def. of contact statement inserted by No. 25/2013 s.3.

contact statement means a statement referred to in section 90A(1);

S. 4(1) def. of Convention country inserted by No. 32/2000 s.5(1), amendedby No.29/2011 s.3(Sch.1 item3).

Convention country means, subject to article45 of the Hague Convention—

(a) a country specified in Schedule 2 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[2]; and