Adoption Regulation 2009

Queensland Adoption Act 2009 Adoption Regulation 2009 Current as at 1 July 2013

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/information. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Adoption Regulation 2009 Contents Part 1 1 2 3 Part 2 4 5 6 Part 3 7 Part 4 8 9 10 11 Part 5 12 13 14 15 16 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Requirements for expressing an interest Requirements for expressing an interest—Act, s 71 . . . . . . . . . . 3 Requirement to demonstrate ability to provide personal care . . . 4 Requirement to demonstrate financial capacity for an intercountry adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Suitability of a person to be an adoptive parent Assessment of a step-parent’s suitability to be an adoptive parent—Act, s 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Proof of identity documents What are the prescribed identity documents . . . . . . . . . . . . . . . . 5 Proof of identity documents to accompany a parent’s form of consent—Act, s 18(2)(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Proof of identity documents to accompany a request for information—Act, s 254(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Proof of identity documents to accompany a notice of intention to take part in the mailbox service—Act, s 283(1)(b) . . . . . . . . . . 7 Miscellaneous Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Fees payable by couples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Fees for re-assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Supervision fee nil in certain circumstances . . . . . . . . . . . . . . . . 8 Persons entitled to certificate, information or source document—Act, s 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 A certificate signed by the chief executive used in evidence for proceedings under the Act—Act, s 312(3)(i) . . . . . . . . . . . . . . . . 10

Adoption Regulation 2009 Contents Schedule 1 Schedule 2 Schedule 3 Prescribed identity documents . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 15 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 16 17 17 18 Page 2

Adoption Regulation 2009 Adoption Regulation 2009 Part 1 Preliminary [s 1] [as amended by all amendments that commenced on or before 1 July 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Adoption Regulation 2009 . 2 Commencement This regulation commences on 1 February 2010. 3 Dictionary The dictionary in schedule 3 defines particular words used in this regulation. Part 2 Requirements for expressing an interest 4 Requirements for expressing an interest—Act, s 71 This part states the requirements with which a couple must comply when expressing an interest under part 4, division 2 of the Act. Current as at 1 July 2013 Page 3

Adoption Regulation 2009 Part 2 Requirements for expressing an interest [s 5] 5 Requirement to demonstrate ability to provide personal care (1) The couple must demonstrate they are aware it is ordinarily in a child’s best interests to receive full-time care provided personally by one or both of the persons with whom the child is placed for at least 1 year after the child is placed in their care. (2) The couple must provide details to the chief executive of their proposed, or expected, care arrangements for a child for at least the first year of the child’s placement with them. 6 Requirement to demonstrate financial capacity for an intercountry adoption (1) This section applies to a couple who make an expression of interest for an intercountry adoption. (2) The couple must demonstrate they have the financial capacity to meet the full cost of completing the adoption process within 3 years of the day they make the expression of interest. (3) For subsection (2), the full cost of completing the adoption process may include the following— (a) fees as prescribed in schedule 2; (b) fees payable in another country to an entity associated with the adoption; (c) fees payable in relation to the child’s migration to Australia; (d) costs related to the translation of documents; (e) costs of having documents notarised and couriered between countries; (f) costs of travel to, and accommodation in, another country to take custody of a child. Page 4 Current as at 1 July 2013

Part 3 Adoption Regulation 2009 Part 3 Suitability of a person to be an adoptive parent [s 7] Suitability of a person to be an adoptive parent 7 Assessment of a step-parent’s suitability to be an adoptive parent—Act, s 133 (1) This section applies to an assessment for a proposed adoption of a child by a step-parent after the death of a parent of the child. (2) Prescribed matters the chief executive must have regard to when deciding whether a step-parent is suitable to be an adoptive parent are— (a) the views of the deceased parent’s family, if they can be located, on the adoption of the child by the step-parent; and (b) the step-parent’s attitudes to, and understanding of the significance to the child of— (i) the deceased parent; and (ii) the deceased parent’s family; and (iii) maintaining a relationship with the deceased parent’s family. Part 4 Proof of identity documents 8 What are the prescribed identity documents (1) For this part, the prescribed identity documents are 2 documents complying with this section. (2) Each document must be— (a) a document listed in schedule 1; or (b) another document the chief executive considers to provide sufficient evidence of the person’s identity. Current as at 1 July 2013 Page 5

Adoption Regulation 2009 Part 4 Proof of identity documents [s 9] (3) Each document must be either an original document or a certified copy of an original document. (4) The 2 documents must contain, between them, sufficient information to determine the person’s full name, date of birth and signature. (5) Each document must be written in English or accompanied by a certified translation of the original document. (6) If the person’s full name as it appears on either of the 2 documents is different to the person’s current name, the person must produce a document the chief executive considers to provide sufficient evidence of the person’s change of name. Examples — a marriage certificate, deed poll or change of name certificate 9 Proof of identity documents to accompany a parent’s form of consent—Act, s 18(2)(c) The documents prescribed for section 18(2)(c) of the Act are the prescribed identity documents under section 8. 10 Proof of identity documents to accompany a request for information—Act, s 254(1)(b) (1) The documents prescribed for section 254(1)(b) of the Act are the prescribed identity documents under section 8. (2) For this section, the chief executive may consider a document to provide sufficient evidence of the person’s identity if the document is evidence of the person’s identity that was provided to the department— (a) under an application under the Right to Information Act 2009 or the Information Privacy Act 2009 ; and (b) for access to documents relating to an adoption for which the person is— (i) the adopted person; or Page 6 Current as at 1 July 2013

Adoption Regulation 2009 Part 5 Miscellaneous [s 11] (ii) a birth parent or adoptive parent of the adopted person; or (iii) a relative of the adopted person, birth parent or adoptive parent; or (iv) a guardian of the adopted person, birth parent or adoptive parent. Note — See section 249 (Meaning of relative ) of the Act. 11 Proof of identity documents to accompany a notice of intention to take part in the mailbox service—Act, s 283(1)(b) (1) The documents prescribed for section 283(1)(b) of the Act are the prescribed identity documents under section 8. (2) In this section, the chief executive may consider a document to provide sufficient evidence of the person’s identity if the document is evidence of the person’s identity that was previously provided to the department— (a) to exchange information, that had been disclosed for a purpose under section 59(4) of the repealed Act, between parties to an adoption; or (b) in an earlier notice of intention to take part in the mailbox service. Part 5 Miscellaneous 12 Fees The fees payable under the Act are stated in schedule 2. Current as at 1 July 2013 Page 7

Adoption Regulation 2009 Part 5 Miscellaneous [s 13] 13 Fees payable by couples For the purpose of paying a fee prescribed in schedule 2 a couple is to be charged as a single person and not as 2 persons. 14 Fees for re-assessment A fee listed in schedule 2, part 2 is not payable for a re-assessment under part 6, division 8 of the Act. 15 Supervision fee nil in certain circumstances (1) This section applies to a person for whom, before the commencement of this section, a supervision fee was not payable because of the operation of section 35 of the repealed regulation. (2) The fee amount prescribed for section 198(3) or 298(3) of the Act is nil. 16 Persons entitled to certificate, information or source document—Act, s 290 (1) The following persons are prescribed for section 290(1)(c) of the Act— (a) if a guardian has been appointed for the applicable person—the guardian; (b) if an administrator has been appointed under the Guardianship and Administration Act 2000 , section 14, for the applicable person—the administrator; (c) if a personal representative has been appointed for the applicable person—the personal representative; (d) a person who produces an order of a court of the State or Commonwealth requiring the registrar to accept an application under the Births, Deaths and Marriages Registration Act 2003 , section 44. Page 8 Current as at 1 July 2013

Adoption Regulation 2009 Part 5 Miscellaneous [s 16] (2) At the time a prescribed person mentioned in subsection (1)(a), (b) or (c), with authorisation from the chief executive, makes an application to the registrar under the Births, Deaths and Marriages Registration Act 2003 , section 44, the person must produce— (a) prescribed identity documents stated in section 8; and (b) if requested by the registrar, photographic identification; and (c) the person’s instrument of appointment demonstrating the document sought is required under the person’s appointment. (3) An instrument of appointment produced for subsection (2)(c) must either be written in English or accompanied by a certified translation of the original instrument of appointment. (4) At the time a prescribed person mentioned in subsection (1)(d), with authorisation from the chief executive, makes an application to the registrar under the Births, Deaths and Marriages Registration Act 2003 , section 44, the person must produce the prescribed identity documents stated in section 8. (5) In this section— applicable person means— (a) an adoptive parent; or (b) an adopted child with consent of an adoptive parent to obtain pre-adoption information; or (c) an adopted adult; or (d) an adult relative of a deceased or incapacitated adopted person; or (e) a birth parent; or (f) an adult relative of a deceased or incapacitated birth parent; or (g) a person to whom section 267 of the Act applies. Note — See section 249 (Meaning of relative ) of the Act. Current as at 1 July 2013 Page 9

Adoption Regulation 2009 Part 5 Miscellaneous [s 17] 17 A certificate signed by the chief executive used in evidence for proceedings under the Act—Act, s 312(3)(i) A certificate purporting to be signed by the chief executive, produced in proceedings under the Act, is evidence that the chief executive placed a stated child in the custody of stated prospective adoptive parents on a stated date. Page 10 Current as at 1 July 2013

Schedule 1 Adoption Regulation 2009 Schedule 1 Prescribed identity documents section 8(2)(a) 1 a birth certificate 2 a citizenship certificate 3 an Australian passport that is current or has been expired for less than 2 years 4 a current overseas passport 5 a current driver licence containing the person’s photograph 6 a current proof of age card containing the person’s photograph 7 a current document evidencing the person’s residency or visa status 8 a current Medicare card, pensioner concession card, health care card or another identification card issued by the Australian government as evidence of a person’s entitlement to a benefit 9 a current positive notice blue card issued under the Commission for Children and Young People and Child Guardian Act 2000 10 a telephone, gas or electricity account not more than 1 year old 11 a current credit card, debit card or other account card from a financial institution which includes an embossed name and signature 12 a passbook or statement of account from a financial institution which is not more than 1 year old 13 a notice of rates from a local government that is not more than 1 year old 14 a current student identity card containing the person’s photograph or signature issued by a school or another educational institution Current as at 1 July 2013 Page 11

Adoption Regulation 2009 Schedule 1 15 a Queensland Government employee identity card containing the person’s photograph 16 an Australian State police officer, Federal police officer or Australian Defence Force identity card containing the person’s photograph 17 a current crowd controller’s licence, private investigator’s licence or security officer’s licence issued under the Security Providers Act 1993 18 a current licence issued under the Weapons Act 1990 Page 12 Current as at 1 July 2013

Schedule 2 Fees Adoption Regulation 2009 Schedule 2 section 12 Part 1 Application fee 1 Application fee under section 93(c) of the Act for a person to apply to adopt a stated child under section 92 of the Act $ 70.70 Part 2 Assessment fee $ 2 Assessment fee under part 6 of the Act— (a) for a person who is assessed under section 105 of the Act where the chief executive’s selection is based on anticipated local adoption placement needs under section 88 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . 574.25 (b) for a person who is assessed under section 105 of the Act where the chief executive’s selection is based on anticipated intercountry adoption placement needs under section 88 of the Act . . . . . . . . . . . . . . . . . . . . . 4 124.80 (c) for a person who is assessed under section 106 of the Act where the chief executive’s selection is based on anticipated placement needs of a child under section 89 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil (d) for a person who is assessed under section 107 of the Act, having made an application under part 5 for the adoption of the person’s stepchild . . . . . . . . . . . . . . . . 530.35 Current as at 1 July 2013 Page 13

Adoption Regulation 2009 Schedule 2 Part 3 Supervision fee $ 3 Supervision fee under either section 198(3) or 298(3) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 767.80 Page 14 Current as at 1 July 2013

Schedule 3 Dictionary Adoption Regulation 2009 Schedule 3 section 3 certified copy , of an original document, means a copy that has been certified by a qualified witness as being a correct copy of the original document. certified translation , of a document, means a translation of the document into the English language by a translator who certifies— (a) the translator’s full name and address; and (b) the translator’s accreditation or qualifications for making the translation; and (c) that the translation is correct. prescribed identity documents see section 8. qualified witness means— (a) an officer or employee of the department; or (b) a lawyer or notary public; or (c) a commissioner for declarations; or (d) a justice of the peace; or (e) a police officer; or (f) a medical practitioner; or (g) an authorised person mentioned in section 18 of the Act. repealed regulation means the repealed Adoption of Children Regulation 1999 . Current as at 1 July 2013 Page 15

Adoption Regulation 2009 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2013. Future amendments of the Adoption Regulation 2009 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 16 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Current as at 1 July 2013

Adoption Regulation 2009 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C Amendments included none 2010 SL No. 150 2011 SL No. 118 2012 SL No. 122 Effective 1 February 2010 1 July 2010 1 July 2011 3 August 2012 Notes Current as at 1 July 2013 Amendments included 2013 SL No. 91 Notes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Adoption Regulation 2009 SL No. 303 made by the Governor in Council on 9 December 2009 notfd gaz 11 December 2009 pp 1187–91 ss 1–2 commenced on date of notification remaining provisions commenced 1 February 2010 (see s 2) exp 1 September 2020 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Current as at 1 July 2013 Page 17

Adoption Regulation 2009 Endnotes Adoption Amendment Regulation (No. 1) 2010 SL No. 150 notfd gaz 25 June 2010 pp 823–30 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Adoption Amendment Regulation (No. 1) 2011 SL No. 118 notfd gaz 24 June 2011 pp 534–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Adoption Amendment Regulation (No. 1) 2012 SL No. 122 notfd gaz 3 August 2012 pp 950–1 commenced on date of notification Adoption Amendment Regulation (No. 1) 2013 SL No. 91 notfd gaz 14 June 2013 pp 297–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) 6 List of annotations PART 5—MISCELLANEOUS pt hdg (prev pt 4 hdg) renum 2010 SL No. 150 s 4 Persons entitled to certificate, information or source document—Act, s 290 s 16 amd 2010 SL No. 150 s 5 SCHEDULE 2—FEES sub 2010 SL No. 150 s 6; 2011 SL No. 118 s 4; 2012 SL No. 122 s 3; 2013 SL No. 91 s 4 SCHEDULE 3—DICTIONARY def qualified witness amd 2010 SL No. 150 s 7 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 18 Current as at 1 July 2013