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