QueenslandAdoptionAct2009Reprinted as in
force on 17 September 2012Reprint No. 1EThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
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Adoption Act 2009Adoption Act
2009Part 1 Preliminary[s 1][as
amended by all amendments that commenced on or before 17
September2012]An Act to make provision about the
adoption of children and tomakerelatedamendmentsoftheAdoptionofChildrenAct1964,
the Births, Deaths and Marriages Registration Act 2003and
the Child Protection Act 1999 and to make consequentialamendments of other Acts as stated in
schedule 2Part 1PreliminaryDivision 1Introduction1Short
titleThis Act may be cited as theAdoption Act 2009.2CommencementThis Act, other
than part 17 division 1, commences on a dayto be fixed by
proclamation.3DictionaryThe dictionary
in schedule 3 defines particular words used inthis Act.Reprint 1E effective 17 September 2012Page
15
Adoption Act 2009Part 1
Preliminary[s 4]Division 2Application, object and guidingprinciples4Act
binds all persons(1)This Act binds all persons including
the State and, as far asthelegislativepoweroftheParliamentpermits,theCommonwealth and all the other
States.(2)Subsection (1) does not make the
State, the Commonwealth oranother State liable for an
offence.5Main object of ActThe main object
of this Act is to provide for the adoption ofchildren in
Queensland, and for access to information aboutparties to
adoptions in Queensland, in a way that—(a)promotesthewellbeingandbestinterestsofadoptedpersons
throughout their lives; and(b)supportsefficientandaccountablepracticeinthedelivery of
adoption services; and(c)complies with
Australia’s obligations under the Hagueconvention.6Guiding principles(1)ThisActistobeadministeredundertheprinciplethatthewellbeing and best interests of an
adopted child, both throughchildhood and
the rest of his or her life, are paramount.(2)Subject to subsection (1), this Act is to be
administered underthe following principles—(a)thepurposeofanadoptionistoprovideforachild’slong-term care, wellbeing and development by
creatinga permanent parent-child relationship
between the childand the adoptive parents;(b)adoption is an appropriate long-term
care option for achild if—Page 16Reprint 1E effective 17 September
2012
Adoption Act 2009Part 1
Preliminary[s 6](i)the
child’s parents choose adoption for the child’slong-term care;
or(ii)the child does
not have a parent who is willing andable to protect
the child from harm and meet thechild’s need for
long-term stable care;(c)each of the
parties to an adoption or proposed adoptionshouldbegiventheinformationheorshereasonablyneeds to
participate effectively in processes under thisAct;(d)a child should be kept informed of
matters affecting himorherinawayandtoanextentthatisappropriate,havingregardtothechild’sageandabilitytounderstand;(e)theprocessforachild’sadoptionshouldincludeconsidering the views of—(i)the child’s parents; and(ii)the child, if he
or she is able to form and expressviewsabouttheadoption,havingregardtothechild’s age and ability to
understand;(f)an adopted child of a particular
ethnic or other culturalbackground should have—(i)accesstoinformationaboutthechild’sethnicorcultural heritage; and(ii)opportunities to
develop and maintain a connectionwith the child’s
ethnicity or culture; and(iii)opportunities to
maintain contact with the child’scommunity or
language group;(g)achild’sadoptiveparentshavetheprimaryresponsibility
for the child’s upbringing, protection anddevelopment;(h)an
adopted child should be cared for in a way that—(i)ensuresasafe,stableandnurturingfamilyandhome life; andReprint 1E
effective 17 September 2012Page
17
Adoption Act 2009Part 1
Preliminary[s 7](ii)promotesopennessandhonestyaboutthechild’sadoption;
and(iii)promotes the
development of the child’s emotional,mental, physical
and social wellbeing;(i)thesameprotection,supportandresourcesshouldbeavailable to an adopted person
regardless of whether theadoption was a local adoption,
intercountry adoption oradoption by a step-parent;(j)althoughafinaladoptionorderchangeslegalrelationships,itmaybeinanadoptedchild’sbestinterests
for—(i)the child’s emotional connections with
members ofthe child’s birth family to continue;
or(ii)the child to
have ongoing contact with members ofthe child’s
birth family; or(iii)thechildorthechild’sadoptiveparentstoexchange information with members of the
child’sbirth family.7Additional principles concerning Aboriginal
and TorresStrait Islander persons(1)ThisActisalsotobeadministeredunderthefollowingprinciples—(a)because adoption (as provided for in this
Act) is not partof Aboriginal tradition or Island custom,
adoption of anAboriginalorTorresStraitIslanderchildshouldbeconsideredasawayofmeetingthechild’sneedforlong-term stable care only if there is
no better availableoption;Note—Island custom includes a customary
child-rearing practice that issimilar to
adoption in so far as parental responsibility for a childispermanentlytransferredtosomeoneotherthanthechild’sparents.Thispracticeissometimesreferredtoaseither‘customary adoption’ or ‘traditional
adoption’.Page 18Reprint 1E
effective 17 September 2012
Adoption Act 2009Part 1
Preliminary[s 8](b)it
is in the best interests of an Aboriginal or Torres StraitIslander child—(i)tobecaredforwithinanAboriginalorTorresStrait Islander
community; and(ii)to maintain
contact with the child’s community orlanguage group;
and(iii)todevelopandmaintainaconnectionwiththechild’s Aboriginal tradition or Island
custom; and(iv)for the child’s
sense of Aboriginal or Torres StraitIslander
identity to be preserved and enhanced.(2)IftheChildrensCourtexercisesapowerunderthisActinrelation to an Aboriginal or Torres
Strait Islander child, thecourt must have regard to the views,
about the child and aboutAboriginal tradition or Island custom
relating to the child, ofan appropriate Aboriginal or Torres
Strait Islander person.(3)Asfarasisreasonablypracticable,thechiefexecutiveandotherofficersofthedepartmentmusttrytoconductconsultations, counselling, negotiations and
other proceedingsinvolving an Aboriginal person or Torres
Strait Islander in away and in a place that is appropriate
to Aboriginal traditionor Island custom.8Act
applies despite Anti-Discrimination Act 1991(1)Despite theAnti-Discrimination Act 1991, a
person may makea decision or do another act that is
necessary to comply with,or is specifically authorised by, this
Act.(2)Withoutlimitingsubsection(1),apersonmaymakeadecision or do another act under this Act to
comply with themain guiding principle under section
6(1).9References to child’s wellbeing or
best interestsUnless a contrary intention appears, a
reference in this Act toa child’s wellbeing or best interests
is a reference to the child’sReprint 1E
effective 17 September 2012Page
19
Adoption Act 2009Part 1
Preliminary[s 10]wellbeing or
best interests through both childhood and the restof
his or her life.Division 3Adoptions under
this Act10Who may be adopted(1)A
child may be adopted by an order of the Childrens Courtunder this Act.(2)Achildmaybeadoptedwhetherornotthechildhasbeenpreviously
adopted.(3)An adult may not be adopted.11Rules of private international law not
relevantThe power to make an adoption order under
this Act does notdepend on any fact or circumstance not
expressly stated in thisAct.Division 4Custody and guardianship12What
is the effect of custodyFor this Act, a person who hascustodyof a child
has—(a)the right to have the child’s daily
care; and(b)the right and responsibility to make
decisions about thechild’s daily care.13What
is the effect of guardianshipFor this Act, a
person who hasguardianshipof a child
has—(a)the right to have the child’s daily
care; and(b)the right and responsibility to make
decisions about thechild’s daily care; andPage 20Reprint 1E effective 17 September
2012
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 14](c)all the powers, rights and
responsibilities in relation tothe child that
would otherwise have been vested in thepersonhavingparentalresponsibilityformakingdecisionsaboutthelong-termcare,wellbeinganddevelopment of the child.Part
2Consent to adoption andrelated
mattersDivision 1Preliminary14Non-application to intercountry
adoptionsThispartappliestotheproposedadoptionofachildotherthan by an
intercountry adoption.15References
toparentin pt 2A
reference in this part, other than division 6, to a parent
ofthe child does not include a person if,
under section 39, a courthas dispensed with the need for the
person’s consent to thechild’s adoption.16Requirement for consentSection 175
states the requirement for the child’s parents toconsent under this part to the adoption
before the ChildrensCourt may make an adoption
order.17References to consent(1)In this part—consentmeansconsentfreelyandvoluntarilygivenbyaperson with
capacity to give the consent.Reprint 1E
effective 17 September 2012Page
21
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 18](2)A reference in this part to consent to
an adoption is a referenceto—(a)for
an adoption of a step-child under part 9, division 4—(i)consenttothechild’sadoptionbytheproposedadoptive parent; or(ii)consent to the child’s adoption generally;
or(b)otherwise, consent to the child’s
adoption generally.Division 2Requirements
about consent18Form of consent(1)Aparent’sconsenttothechild’sadoptionmustbeintheapprovedform,signedbytheparentandwitnessedbyanauthorised person.(2)The
approved form must include provision for—(a)information to identify the child;
and(b)information to identify the parent;
and(c)a signed statement by the witness that
the witness hassighted the documents, relating to proof of
the parent’sidentity, prescribed under a
regulation.(3)Theapprovedformmayalsoincludeprovisionforothermatters relevant
to the child’s adoption that may be, but arenot required to
be, completed.Example of other matters—details of another parent of the child to
the extent the details are knownby the parent
giving the consent(4)A single document must not
contain—(a)consent to the adoption of more than 1
child; or(b)morethan1parent’sconsenttotheadoptionofthechild.(5)In this section—Page 22Reprint 1E effective 17 September
2012
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 19]authorised personmeans a public
service employee, or otherappropriate person in Queensland or
elsewhere, authorised bythe chief executive to witness a
consent for this Act.19Time of
consentA parent’s consent to the child’s adoption
may not be given—(a)less than 30 days after the child’s
birth; or(b)less than 14 days after the parent is
given the documentsunder section 22; or(c)less
than 14 days after the parent is given the prescribedinformation under section 23; or(d)less than 14 days after the day the
counsellor swears thestatement mentioned in section
175(3)(b).20Revocation of consentAparentmayrevoketheparent’sconsenttothechild’sadoption only by giving a signed notice to
the chief executivewithin 30 days after the consent is
given.Division 3Giving forms,
information andcounselling to parents21Obligation to enable understandingThe
chief executive must ensure information is given to eachof
the child’s parents under this division, and counselling oftheparentiscarriedoutunderthisdivision,inawaythatenables the parent to understand.22Parents to be given consent
documentsThe chief executive must give to each of the
child’s parents—(a)a document showing the contents of the
approved formfor section 18; andReprint 1E
effective 17 September 2012Page
23
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 23](b)a document that the parent may use to
revoke consentgiven by the parent to the child’s
adoption.23Parents to be given prescribed
information(1)Thechiefexecutivemustgiveeachofthechild’sparentsadocument containing information about the
following matters(theprescribed
information)—(a)optionsotherthanadoptionforthechild’slong-termcare;(b)support (financial and otherwise) that may
be availabletotheparentwhetherornotadoptionofthechildproceeds;(c)possible psychological effects for the
parent, both shortand long-term, of consenting to the
adoption;(d)possible psychological effects for the
child, both shortand long-term, of being adopted;(e)how and when the parent’s consent to
the adoption maybe revoked;(f)how
the parent may give the chief executive the parent’spreferencesrelatingtothechild’sadoptionincluding,for example,
preferences about—(i)the child’s religious upbringing;
or(ii)thecharacteristicsofthechild’sadoptiveparentsand adoptive
family; or(iii)the degree of
openness in the adoption;(g)the adoption
process under this Act, including—(i)the
consents required for an adoption; and(ii)the
process for recruiting, assessing and selectingprospective
adoptive parents; and(iii)the chief
executive’s functions and powers relatingto the child’s
adoption; and(iv)the role of the
Childrens Court;Page 24Reprint 1E
effective 17 September 2012
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 24](h)the legal effect of adoption;(i)therightsandresponsibilitiesofthepartiestoanadoption, including those relating
to—(i)adoption plans; and(ii)accesstoinformationabout,andcontactwith,other parties to an adoption throughout the
life ofthe adopted person;(j)the
requirement for pre-consent counselling and how itwill
be arranged;(k)ifthechildtobeadoptedisanAboriginalpersonorTorres Strait Islander—(i)optionsotherthanadoptionforthechild’slong-termcareinaccordancewithAboriginaltradition or
Island custom; and(ii)theimportanceofthechildbeingcaredforinaway that—(A)helpsthechildtodevelopandmaintainaconnectionwiththechild’sAboriginaltradition or
Island custom; and(B)preserves and enhances the child’s
sense ofAboriginal or Torres Strait Islander
identity.(2)Thechiefexecutivemustarrangefortheprescribedinformation to
be explained to the parent.24Parents to be
given pre-consent counselling(1)Thechiefexecutivemustarrangeforeachofthechild’sparentstoreceivecounsellingabouttheprescribedinformation
under section 23.(2)Thecounsellingmustbecarriedoutbyacounsellornominated by the
chief executive.(3)Thenominatedcounsellormaybeanofficerofthedepartment.Reprint 1E
effective 17 September 2012Page
25
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 25](4)However,ifthenominatedcounsellorisanofficerofthedepartment, the chief executive
must—(a)advisetheparentthatheorshemayaskforfurthercounsellingbysomeonewhoisnotanofficerofthedepartment; and(b)iftheparentmakesarequestunderparagraph(a),nominate another counsellor who is not an
officer of thedepartment to carry out the further
counselling.(5)The counselling must be carried out in
a way that allows theparent to ask questions and discuss
the prescribed informationand matters arising from the
information.(6)If the counsellor reasonably suspects
the parent does not havecapacity to consent to the adoption,
the counsellor must notifythe chief executive.(7)The counsellor may offer to meet with
other persons.Example—The
counsellor may offer to meet other family members to help
theparent to consider other options for the
child’s long-term care.(8)The counselling
may be carried out in 1 or more sessions andby 1 or more
counsellors.(9)In this section—counsellormeans a person
who the chief executive is satisfiedhasappropriatequalificationsorexperiencetocarryoutcounselling under this section.25Pre-consent information and
counselling for Aboriginalor Torres Strait Islander child(1)This section applies if the child to
be adopted is an Aboriginalperson or Torres
Strait Islander.(2)The counselling under section 24 must
be carried out in a wayandataplacethatisappropriatetoAboriginaltraditionorIsland custom.(3)Thepersonwhoexplainstheprescribedinformationmentioned in
section 23(1)(k)—Page 26Reprint 1E
effective 17 September 2012
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 26](a)need not be a counsellor under section
24; but(b)mustbeanappropriateAboriginalorTorresStraitIslander person.(4)This
section does not apply to the counselling of a parent tothe
extent the parent, by giving the chief executive a signednotice in the approved form, declines to
receive counselling ina way, or by a person, required by
this section.(5)The approved form for subsection (4)
must state—(a)thatthechiefexecutivehasofferedtheparentcounselling
under this section; and(b)the extent to
which the counselling is declined; and(c)that
the chief executive has given the parent a documentcontaining the information mentioned in
subsection (3).26Parents’ access to legal adviceThe
chief executive must ensure each of the child’s parents istold
that the parent may wish to seek legal advice and is giventhe
details of at least 1 entity that generally provides free
legalservices.Division 4Ensuring parents have capacity toconsent27Meaning ofqualified
personfor div 4In this
division—qualified personmeans a person
who, if called as a witness ina proceeding,
would be qualified to give expert evidence onthe issue
whether a parent has capacity to give consent to anadoption of the child.Reprint 1E
effective 17 September 2012Page
27
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 28]28Assessing whether a non-adult parent
has capacity toconsent(1)This
section applies if a parent of the child is not an adult.(2)Beforetheparentmayconsenttotheadoption,thechiefexecutivemusthaveaqualifiedpersonassesswhethertheparent has capacity to give the
consent.(3)Thequalifiedpersonmustnotbethesamepersonwhocounsels the parent under section
24.29Declaration of QCAT whether an adult
parent hascapacity to consent(1)This
section applies to an adult parent of the child if—(a)a counsellor under section 24 notifies
the chief executivethat the counsellor reasonably suspects the
parent doesnot have capacity to consent to the
adoption; or(b)thechiefexecutiveotherwiseknowsorreasonablysuspects the
parent does not have capacity to consent tothe
adoption.(2)Beforetheparentmayconsenttotheadoption,thechiefexecutivemustapplytoQCATforadeclarationabouttheparent’s capacity to give the
consent.Note—See theGuardianship and Administration Act
2000, section 146.(3)However, if the parent is notinQueenslandatthetimetheparent’s consent is proposed to be given,
the chief executivemust take the following steps instead of
making an applicationunder subsection (2)—(a)ifitispossibleforthechiefexecutivetomakeanapplication,equivalenttoanapplicationmentionedinsubsection(2),inthejurisdictionwheretheparentis,the
chief executive must make that application;(b)otherwise,thechiefexecutivemustensureaqualifiedperson assesses
whether the parent has capacity to givethe
consent.Page 28Reprint 1E
effective 17 September 2012
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 30]30Appointment of guardian for adult
parent withoutcapacity to consent(1)This
section applies if—(a)QCAT makes a declaration that the
parent does not havecapacity to give the consent;
and(b)theparentdoesnothaveaguardianundertheGuardianshipandAdministrationAct2000forthematter of dispensation.(2)Beforethechiefexecutivemaymakeanapplicationunderdivision 6 for an order for
dispensation,thechiefexecutivemust
apply to QCAT for an order appointing a guardian forthe
matter of the dispensation.(3)In
this section—dispensationmeansdispensationwiththeneedfortheparent’s consent.Division 5Identifying child’s father and
relatedmatters31Application of div 5This division
applies in relation to the child if, so far as thechief executive is aware, every consent
required for the child’sadoption has been given other than the
consent of the child’sfather.32Establishing father’s identity and
locationIf the chief executive does not know the
identity and locationof the child’s father, the chief
executive must take reasonablesteps to
establish those matters.Reprint 1E effective 17 September
2012Page 29
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 33]33Giving notice to father or person
suspected to be father(1)If the chief
executive knows or reasonably suspects a person isthe
child’s father, the chief executive must give him a noticestating—(a)theotherconsentorconsentstothechild’sadoptionhave
been given; and(b)how the person may—(i)give consent; or(ii)takestepstoestablishwhetherheisthechild’sfather;
or(iii)apply under
theFamily Law Act 1975(Cwlth) for
aparenting order for the child.(2)Subsection(1)doesnotapplyifthechiefexecutiveissatisfied—(a)the
person is a lineal relative of the child’s mother; or(b)thechild’sconceptionwasaresultofanoffencecommitted by the
person; or(c)there would be an unacceptable risk of
harm to the childor mother if the person were made aware of
the child’sbirth or proposed adoption.34Chief executive may apply for
declaration of paternityFor theStatus of
Children Act 1978, section 10(1)(c), the chiefexecutive is a person having a proper
interest in the result ofthe question whether the relationship
of father and child existsbetween the child and another
person.Page 30Reprint 1E
effective 17 September 2012
Division 6Adoption Act
2009Part 2 Consent to adoption and related
matters[s 35]Dispensing with
requirement forparent’s consent35Application for dispensation(1)The chief executive, or a person who
has made an applicationto the chief executive under part 5,
may apply to the ChildrensCourt for an order dispensing with the
need for the consent ofa stated parent of the child
(therelevant parent) to the
child’sadoption.(2)The
application must state the grounds on which it is made.36Notice of application(1)As soon as practicable after filing
the application in the court,the applicant
must serve a copy of it on the relevant parentand, if the
applicant is not the chief executive, serve a copy onthe
chief executive.(2)A served copy must state where and
when the application is tobe heard.(3)A
copy served on the relevant parent must also state that theapplicationmaybeheardanddecidedeventhoughtherelevant parent does not appear in
court.(4)The court may dispense with the
requirement to serve a copyof the
application on the relevant parent if the court is satisfiedof
any of the following matters—(a)theapplicantcannotestablishtheidentityoftherelevant parent after making all
reasonable enquiries;(b)theapplicantcannotlocatetherelevantparentaftermaking all
reasonable enquiries;(c)therelevantparentisalinealrelativeofthechild’smother;(d)thechild’sconceptionwasaresultofanoffencecommitted by the
relevant parent;Reprint 1E effective 17 September 2012Page
31
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 37](e)there would be an unacceptable risk of
harm to the childor mother if the relevant parent were made
aware of thechild’s birth or proposed adoption;(f)thereareotherspecialcircumstancesforgivingthedispensation.37Respondent(1)If
the relevant parent is served with a copy of the
application,he or she is a respondent in the
proceeding.(2)If the chief executive is not the
applicant, the chief executivemay apply to the
court to be included as a respondent in theproceeding.38Hearing of application in absence of
relevant parent(1)The court may hear and decide the
application in the absenceof the relevant parent only if—(a)the relevant parent has been given
reasonable notice ofthe hearing and failed to attend or
continue to attend thehearing; or(b)the
court dispenses with the requirement to serve a copyof
the application on the relevant parent under section36(4).(2)Subsection(1)doesnotlimitthecourt’sjurisdictiontoexclude a person from a proceeding.39Court may dispense with need for
consent(1)The court may make an order dispensing
with the need for therelevant parent’s consent to the
adoption if—(a)thecourtissatisfiedofamatterstatedinsection36(4)(a) to (e);
or(b)QCAThasmadeadeclarationthattherelevantparentdoes
not have capacity to give the consent; orPage 32Reprint 1E effective 17 September
2012
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 39](c)therelevantparentisnotanadultandthecourtissatisfied,onthebasisofanassessmentmentionedinsection28,thattherelevantparentdoesnothavecapacity to give
the consent; or(d)the relevant parent is not in
Queensland and the court issatisfied,onthebasisofadeclarationorassessmentmentioned in
section 29(3), that the relevant parent doesnot have
capacity to give the consent; or(e)the
court is satisfied the relevant parent—(i)isnot,andwillnotbewithinatimeframeappropriatetothechild’sageandcircumstances,willing and able
to protect the child from harm andmeet the child’s
need for long-term stable care; and(ii)is
unreasonably—(A)withholdinghisorherconsenttotheadoption;
or(B)refusing to engage with the chief
executive inrelationtotheissueofwhethertogiveconsent to the
adoption; or(f)thecourtissatisfiedthereareotherspecialcircumstances for giving the
dispensation.(2)However,iftherelevantparentisorisbelievedtobethechild’s father,
the court may not give the dispensation—(a)within 30 days after notice is given to the
relevant parentunder section 33; or(b)if
the court has reason to believe there is—(i)a
current application under theStatus of
ChildrenAct1978,section10,bytherelevantparentorsomeone else, for a declaration of paternity
for thechild; or(ii)acurrentapplicationundertheFamilyLawAct1975(Cwlth) by the
relevant parent for a parentingorder for the
child.Reprint 1E effective 17 September 2012Page
33
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 40](3)Also, the court must not give the
dispensation unless satisfiedit would be in
the child’s best interests for arrangements forthe child’s
adoption to continue to be made.(4)Without limiting subsection (3)—(a)if the applicant is a person who has
made an applicationunder part 5, the court must be satisfied
the grounds formaking an adoption order in favour of the
applicant arelikely to exist; and(b)if
the child is in the custody or guardianship of the chiefexecutive (child safety) or someone else
under theChildProtection Act
1999, the court must—(i)have
regard to anything in a case plan in force forthechildunderchapter2,part3AofthatActabout—(A)adoptionasawayofmeetingthechild’sneed for
long-term stable care; or(B)re-uniting the
child with the child’s family;and(ii)consider whether
there is another way of meetingthechild’sneedforlong-termstablecarethatwouldbetterpromotethechild’swellbeingandbest interests.(5)If
the child has any views about the relevant parent and is
abletoexpresstheviews,havingregardtothechild’sageandability to understand, the court must
consider the views.40Notice of court order(1)This section applies if—(a)the court makes an order dispensing
with the need forthe relevant parent’s consent; and(b)the chief executive was not the
applicant for the order.(2)Theapplicantmustgivethechiefexecutiveacopyoftheorder.Page 34Reprint 1E effective 17 September
2012
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 41]41Discharge of dispensation order if
relevant parent notserved with application(1)This
section applies if—(a)the court makes an order dispensing
with the need fortherelevantparent’sconsent(thedispensationorder);and(b)a
copy of the application for the dispensation order wasnot
served on the relevant parent.(2)The
relevant parent or the chief executive may apply to thecourt to discharge the dispensation
order.(3)The applicant must serve a copy of the
application on eachparty to the proceeding for the dispensation
order.(4)The court may discharge the
dispensation order if—(a)an adoption
order for the child has not been made; and(b)thecourtissatisfiedthegroundonwhichthedispensation order was made under section
39(1) doesnot apply.(5)Thedischargeofthedispensationorderdoesnotaffectaconsent given by anyone else to the child’s
adoption unless thecourt decides otherwise.Division 7Complying interstate consents42Consent given under a law of another
State(1)A complying interstate consent has
effect for this Act as if itwere given under
this part.(2)For subsection (1), a person’s consent
to the child’s adoptionis acomplying
interstate consentif an authorised officer foranother State has given the chief
executive—(a)anoticestatingthattheconsentwasgiven,bysignedwriting, under a
law of the other State and has not beenrevoked under
that law; andReprint 1E effective 17 September 2012Page
35
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 43](b)awrittenauthorisationtomakearrangementsfortheadoption of the child in
Queensland.(3)In this section—authorised
officer, for another State, means an officer
who,under the law of the State, is authorised to
make arrangementsfor the adoption of children in the
State.Division 8Giving
information, counselling andsupport to
child43Application of div 8This
division applies if the child is able to form and expressviews about the adoption.44Child must be given information(1)Thechiefexecutivemustensurethechildisgiventheprescribed information before an application
for an adoptionorder for the child is made.(2)The information must be given in a way
and to an extent thatis reasonable, having regard to the
child’s age and ability tounderstand.(3)In
this section—prescribedinformationmeansinformationaboutthefollowing matters—(a)optionsotherthanadoptionforthechild’slong-termcare;(b)possible psychological effects for the
child, both shortand long-term, of being adopted;(c)howthechild’sparentsmaygivethechiefexecutivetheirpreferencesrelatingtothechild’sadoptionincluding, for
example, preferences about—(i)the
child’s religious upbringing; orPage 36Reprint 1E effective 17 September
2012
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 44](ii)thecharacteristicsofthechild’sadoptiveparentsand adoptive
family; or(iii)the degree of
openness in the adoption;(d)the adoption
process under this Act, including—(i)the
consents required for an adoption; and(ii)the
process for recruiting, assessing and selectingprospective
adoptive parents; and(iii)the chief
executive’s functions and powers relatingto the child’s
adoption; and(iv)the role of the
Childrens Court;(e)support that may be available to the
child under sections47, 235 and 236;(f)the
legal effect of adoption;(g)therightsandresponsibilitiesofthepartiestoanadoption, including those relating
to—(i)adoption plans; and(ii)accesstoinformationabout,andcontactwith,other parties to an adoption throughout the
life ofthe adopted person;(h)therequirementforcounsellingundersection45andhow it will be arranged;(i)ifthechildtobeadoptedisanAboriginalpersonorTorres Strait Islander—(i)optionsotherthanadoptionforthechild’slong-termcareinaccordancewithAboriginaltradition or
Island custom; and(ii)theimportanceofthechildbeingcaredforinaway that—(A)helpsthechildtodevelopandmaintainaconnectionwiththechild’sAboriginaltradition or
Island custom; andReprint 1E effective 17 September 2012Page
37
Adoption Act 2009Part 2 Consent to
adoption and related matters[s 45](B)preserves and enhances the child’s
sense ofAboriginal or Torres Strait Islander
identity;(j)the guiding principles that—(i)thechildshouldbekeptinformedofmattersaffecting him or
her in a way and to an extent thatis appropriate,
having regard to the child’s age andability to
understand; and(ii)thechild’sviewsmustbegivenconsideration,havingregardtothechild’sageorabilitytounderstand.45Child
must be given counselling(1)The chief
executive must ensure the child receives counsellingabout the proposed adoption, from a
counsellor nominated bythechiefexecutive,beforeanapplicationforanadoptionorder for the
child is made.(2)The counselling must be carried out in
a way and to an extentthat is reasonable, having regard to
the child’s age and abilityto
understand.(3)The counselling may be carried out in
1 or more sessions andby 1 or more counsellors.(4)In this section—counsellormeans a person
who the chief executive is satisfiedhasappropriatequalificationsorexperiencetocarryoutcounselling under this section.46Counselling for Aboriginal or Torres
Strait Islander child(1)This section
applies to the counselling under section 45 if thechild is an Aboriginal person or Torres
Strait Islander.(2)The counselling must be carried out in
a way and at a placethat is appropriate to Aboriginal
tradition or Island custom.Page 38Reprint 1E effective 17 September
2012
Adoption Act 2009Part 3 Custody
and guardianship of a child awaiting adoption[s 47](3)Apersonwho,aspartofthecounselling,explainstheinformationundersection44(3),definitionprescribedinformation, paragraph
(i)—(a)need not be a counsellor under section
45; but(b)mustbeanappropriateAboriginalorTorresStraitIslander person.(4)This
section does not apply to the extent the child declines toreceive counselling in a way, or by a
person, required by thissection.47Child
may be given other support(1)The chief
executive may appoint a qualified person to supportthe
child during the adoption process.(2)In
this section—qualifiedpersonmeansasocialworker,lawyerorotherperson who the
chief executive is satisfied has the necessaryexpertise or
experience to give the relevant support and who isnot
an employee of the department.Part 3Custody and guardianship of achild
awaiting adoptionDivision 1Custody of child
under careagreement48References toparentin
div 1Areferenceinthisdivisiontoaparentofachilddoesnotinclude a person if, under section 39, a
court has dispensedwith the need for the person’s consent to
the child’s adoption.Reprint 1E effective 17 September
2012Page 39
Adoption Act 2009Part 3 Custody and
guardianship of a child awaiting adoption[s 49]49Meaning ofcare
agreementIn this division—careagreementmeansanagreementunderthisdivisionbetween a child’s parent and the chief
executive (child safety)fortheshort-termplacementofthechildincarewhileconsents for the child’s adoption are
obtained.50Entering into care agreements(1)This section applies if a parent of a
child has asked the chiefexecutive to arrange for the child’s
adoption or indicated tothe chief executive that the parent is
considering adoption forthe child.(2)Thechiefexecutive(childsafety)mayenterintoacareagreement with a
parent who has custody of the child.(3)The
agreement must be in the approved form, signed by theparties.(4)The
child may also be a party to the agreement if the chiefexecutive (child safety) considers it
appropriate, having regardto the child’s age and ability to
understand.(5)The agreement must state—(a)arrangementsforcontactbetweenthechildandtheparents; and(b)the
type of decisions relating to the child for which theparents must be consulted.51Effect of care agreement(1)Whileacareagreementforachildisinforce,thechiefexecutive(childsafety)hascustodyofthechildandmayplace the child in care under
theChild Protection Act 1999,chapter 2, part 6, division 4.(2)TheChild Protection
Act 1999, sections 74, 90 and 162 applyas
if a reference in the sections to a care agreement included
acare agreement under this Act.Page
40Reprint 1E effective 17 September
2012
Adoption Act 2009Part 3 Custody
and guardianship of a child awaiting adoption[s 52]52No agreement against the wishes of a
parent(1)A parent of a child may give the chief
executive (child safety)notice that the parent does not wish
the child to be placed incare under a care agreement.(2)On receiving a notice under subsection
(1)—(a)the chief executive (child safety)
must not enter a careagreement for the child with another
parent of the child;or(b)if a
care agreement is in force for the child with anotherparentofthechild,thechiefexecutive(childsafety)must
end the agreement under section 54.53Maximum period of care agreement(1)A care agreement may not be entered
into for a child if 1 ormore care agreements have already been
in force for the childfor a total period of 1 year.(2)A care agreement expires if the total
period for which the careagreement and any other care agreement
entered into for thechild under this division has been in
force is 1 year.54Ending of care agreement(1)Unless it ends earlier under this
division, a care agreement haseffectuntilthechiefexecutivebecomesaguardianofthechild under section 57.(2)Acareagreementmaybeendedatanytimewiththeagreementofthechiefexecutiveandeachparentwhoisaparty to the agreement.(3)A
party to acare agreement may end the agreement at
anytime by giving at least 2 days notice to the
other parties.(4)Acareagreementendsifthechiefexecutive(childsafety)obtains custody
or guardianship of the child under theChildProtection Act 1999.Reprint 1E effective 17 September 2012Page
41
Adoption Act 2009Part 3 Custody and
guardianship of a child awaiting adoption[s 55]Note—If a care
agreement ends and the child is a child in need of
protectionunder theChild Protection
Act 1999, the chief executive (child safety)may
take the action under that Act that the chief executive (child
safety)considers appropriate.Division 2Guardianship of child after consentis
given to local adoption55Application of
div 2This division applies to the proposed
adoption of a child by alocal adoption.56Definitions for div 2In this
division—consentmeans consent
given under part 2.dispense with, in relation to
the need for a parent’s consent,means dispense
with under section 39.57Chief executive
becomes guardian when consent is givenor dispensed
with(1)This section applies when—(a)a parent consents to the child’s
adoption; or(b)the need for a parent’s consent to the
child’s adoption isdispensed with.(2)The
parent stops having guardianship of the child.(3)The
chief executive becomes a guardian of the child under thissection.(4)No-one else’s guardianship of the child is
affected.Page 42Reprint 1E
effective 17 September 2012
Adoption Act 2009Part 3 Custody
and guardianship of a child awaiting adoption[s 58]58Child may be placed in careIf
the chief executive is the child’s guardian under section
57,the chief executive may place the child in
care under theChildProtection Act
1999, chapter 2, part 6, division 4.59Effect of consent or dispensation
ending(1)This section applies if—(a)aparentrevokeshisorherconsenttothechild’sadoption under section 20; or(b)an order dispensing with the need for
a parent’s consentis overturned on appeal or
discharged.(2)The parent’s guardianship of the child
resumes.(3)The chief executive’s guardianship
under section 57, becauseof the consent or dispensation,
ends.(4)The chief executive’s guardianship
under section 57, becauseofanotherparent’sconsentoranotherdispensation,isnotaffected.60Chief
executive may place child in parents’ care(1)This
section applies if—(a)the chief executive is the child’s
guardian under section57; and(b)it
is at least 30 days since, for each of the child’s parents,his
or her consent was given or the need for his or herconsent was dispensed with; and(c)the chief executive is
satisfied—(i)one or more of the child’s parents are
willing andable to protect the child from harm and meet
thechild’s need for long-term stable care;
and(ii)it would
otherwise be in the child’s best interests tobe placed in the
care of one or more of the parentsunder this
section; andReprint 1E effective 17 September 2012Page
43
Adoption Act 2009Part 3 Custody and
guardianship of a child awaiting adoption[s 61](d)an interim order is not in force for
the child.(2)The chief executive may place the
child in the care of one ormoreoftheparentsbygivingeachofthechild’sparentsasigned notice.(3)On
the placement of the child under subsection (2)—(a)thechiefexecutive’sguardianshipofthechildundersection 57 ends; and(b)a
consent to the child’s adoption given by a parent of thechild stops having effect.61Other ending of chief executive’s
guardianshipThe chief executive’s guardianship of the
child under section57 ends if—(a)a
final adoption order for the child is made; or(b)acourtmakesanorderendingthechiefexecutive’sguardianship of
the child; or(c)under a law of another jurisdiction,
the chief executiveagrees to someone else having guardianship
of the childfor the purpose of the child’s adoption
under that law.62Guardianship under Child Protection
Act not affectedNothinginthisdivisionaffectsthechiefexecutive(childsafety)’s
guardianship of a child under theChildProtectionAct 1999.Division 3Transfer of
guardianship betweenchief executive and
correspondingofficer for another State63Corresponding officersIn
this division—Page 44Reprint 1E
effective 17 September 2012
Adoption Act 2009Part 3 Custody
and guardianship of a child awaiting adoption[s 64]correspondingofficer,foranotherState,meansanofficerwith powers and
functions substantially corresponding to thechief
executive’s powers and functions under this Act.64Chief executive may renounce
guardianship(1)This section applies if—(a)the chief executive is a guardian of a
child under section57; and(b)it
is at least 30 days since the last consent required forthe
adoption was given; and(c)thechiefexecutivehasreceivedanoticefromacorresponding officer for another
State—(i)statingthatthecorrespondingofficerwishestoarrange for the child’s adoption in the
other State;and(ii)askingthechiefexecutivetorenouncethechiefexecutive’s
guardianship of the child.(2)If the chief
executive is satisfied it would be in the child’s bestinterests,thechiefexecutivemay,byasigneddocument,renounce the chief executive’s guardianship
of the child.(3)Immediately after signing a document
under subsection (2),the chief executive must give to the
corresponding officer thedocument and all consents to the
adoption of the child held bythe chief
executive.(4)Whenthechiefexecutivegivesthedocumentstothecorrespondingofficer,thechiefexecutivestopshavingguardianship of the child.65Chief executive may ask corresponding
officer torenounce guardianship(1)This
section applies if—(a)thechiefexecutivewishestoarrangeforachild’sadoption;
andReprint 1E effective 17 September 2012Page
45
Adoption Act 2009Part 4 Recruitment
and selection of prospective adoptive parents[s 66](b)acorrespondingofficerforanotherStatehasguardianship of the child under a law
of the other Statesubstantially corresponding to section
57.(2)The chief executive may ask the
corresponding officer to givethechiefexecutiveadocumentunderwhichtheofficerrenounces the
officer’s guardianship of the child.(3)Ifthechiefexecutivereceivesthedocumentmentionedinsubsection (2), the chief executive
becomes guardian of thechild.Note—The chief executive may also ask the
corresponding officer to give thechief executive
any of the following documents—•a
consent to the adoption of the child given under the law of
theother State that is held by the
officer•a document mentioned in section
42.Part 4Recruitment and
selection ofprospective adoptive parentsDivision 1Planning66Chief executive must plan for future
needThe chief executive must plan continually
for the future needfor adoptive parents by—(a)anticipating the numbers and characteristics
of childrenlikely to need an adoptive placement by
local adoption;and(b)anticipating the
numbers and characteristics of childrenlikelytobeplacedforanintercountryadoptionfromeach country
with which arrangements have been madePage 46Reprint 1E effective 17 September
2012
Adoption Act 2009Part 4
Recruitment and selection of prospective adoptive parents[s
67]orwithwhichitisanticipatedarrangementswillbemade; and(c)anticipating what are likely to be the
placement needs ofthe children; and(d)identifyingthenumbersandprofilesofprospectiveadoptive
parentslikelytobeneeded,havingregardtothe
matters mentioned in paragraphs (a) to (c).67Deciding number of parents to be
assessed(1)At least once in each financial year,
the chief executive mustdecide the numbers of persons with
different profiles that itwould be reasonable to assess for
suitability to ensure thereare enough
suitable prospective adoptive parents to meet theneeds identified under section 66(d).(2)In deciding the number of persons it
would be reasonable toassess, the chief executive must have
regard to the numbersand profiles of persons currently
listed in the suitable adoptiveparents
register, and to the considerations that—(a)if
too few persons with appropriate profiles are assessed,the
need for adoptive parents may not be met within areasonable time; and(b)iftoomanypersonswithappropriateprofilesareassessed, this—(i)may
be an inefficient use of resources; and(ii)may
unnecessarily raise the expectations of someoftheassessedpersonsaboutthelikelihoodoftheir adopting a child; and(iii)mayunnecessarilyintrudeontheprivacyorpersonalaffairsofthepersonsassessedwhoarenot likely to be required.Reprint 1E effective 17 September 2012Page
47
Adoption Act 2009Part 4 Recruitment
and selection of prospective adoptive parents[s 68]Division 2Making
expressions of interest68Who may make an
expression of interest(1)Acouplemaymakeanexpressionofinterestinbeingassessed for
suitability to be adoptive parents.(2)A
person may not make an expression of interest unless thepersonhasaspouseandmakestheexpressionofinterestjointly with the
person’s spouse.(3)A person may not express an interest
if—(a)the person’s name is already in the
expression of interestregister or suitable adoptive parents
register; or(b)the person has custody of a child
under an interim order.69Form(1)A couple make an expression of
interest by giving the chiefexecutive a
notice in the approved form.(2)The
form must be signed by the couple and by each personwho
is, at the time the form is given to the chief executive, anadult member of the couple’s
household.(3)The information that may be required
by the approved formincludes the following for each member
of the couple—(a)informationdemonstratingtheperson’seligibilitytohavehisorhernameenteredintheexpressionofinterest register;(b)information demonstrating the person’s
compliance witharequirementprescribedundersection71oranotherrequirement
under this division;(c)information
relating to the person’s profile, including—(i)anypreferencesofthepersonrelatingtothecharacteristicsofachildwhomthepersoniswilling to adopt; andPage 48Reprint 1E effective 17 September
2012
Adoption Act 2009Part 4
Recruitment and selection of prospective adoptive parents[s
70](ii)otherinformationrelevanttowhetherthepersonwouldmeettheanticipatedplacementneedsofchildren relevant to the expression of
interest;(d)informationrelevanttotheperson’ssuitability,includinginformationabouttheperson’shealthandpersonal history;(e)membership of the person’s household;(f)informationofwhichthepersonisaware,orthattheperson reasonably suspects, about the
personal historyof each adult member of the person’s
household.(4)Theapprovedformmustincludeinformationabouttheassessment that will be carried out
under part 6 if the coupleare selected for assessment under
division 5.70Nomination relating to local or
intercountry adoption(1)Anexpressionofinterestmuststatewhetheritrelatestoalocal adoption, intercountry adoption
or both.(2)If a couple’s expression of interest
relates to an intercountryadoption, it must state each country
for which the couple wishto be considered.71Other
requirements for expressing an interest(1)A
regulation may prescribe requirements with which a couplemust
comply before or when expressing an interest.(2)A
regulation may, for example, require that the couple must—(a)attendadepartmentalinformationsessionwithinastated time before expressing an interest;
or(b)when expressing an interest, be able
to demonstrate—(i)an ability of one or both of them to
personally careforachildfull-timeforastatedperiodafterthechild is placed with them; or(ii)foranexpressionofinterestrelatingtoanintercountry
adoption—an ability to meet the fullReprint 1E
effective 17 September 2012Page
49
Adoption Act 2009Part 4 Recruitment
and selection of prospective adoptive parents[s 72]costofcompletingtheadoptionprocesswithinastated period.(3)A
regulation may set a fee payable for an information sessionor
other thing relating to a requirement under this section.72Person may express an interest despite
previousexpressionsA person may
express an interest even though the person haspreviouslyexpressedaninterest,orpurportedtoexpressaninterest, and—(a)thepersonwasnoteligibleor,foranotherreason,theexpression of interest or purported
expression of interestdid not comply with this division;
or(b)the person’s name was removed from the
expression ofinterest register.73Changes to current expression of interest or
relevantinformation(1)A
couple with a current expression of interest may, by givinga
notice to the chief executive, change—(a)their preferences relating to the
characteristics of a childwho they are willing to adopt;
or(b)for an expression of interest relating
to an intercountryadoption,acountryforwhichtheywishtobeconsidered.(2)A
couple with a current expression of interest may notify thechiefexecutiveofanyothernewinformationorchangesininformation previously given to the chief
executive.Note—See sections 82
and 115 for the obligations to notify the chief executiveof
new information, or changes in information previously given to
thechief executive, relevant to eligibility or
suitability.Page 50Reprint 1E
effective 17 September 2012
Adoption Act 2009Part 4
Recruitment and selection of prospective adoptive parents[s
74]74No expressions of interest while
register is closedAnexpressionofinterestmaynotbemadewhiletheexpression of interest register, or a part
of the register to whichthe expression of interest relates, is
closed under division 4.Division 3Expression of
interest register75Expression of interest register(1)The chief executive must keep a
register of persons who havemadeanexpressionofinterestunderdivision2(theexpression of
interest register).(2)Thechiefexecutivemayonly,andmust,enteraperson’sname in the
register if—(a)the person and the person’s spouse
make an expressionof interest under division 2; and(b)thechiefexecutiveissatisfiedthepersonandtheperson’s spouse are eligible to have
their names enteredin the expression of interest
register.76Eligibility for inclusion in
register(1)A person is eligible to have his or
her name entered or remainin the expression of interest register
if—(a)the person is an adult; and(b)thepersonortheperson’sspouseisanAustraliancitizen;
and(c)the person is resident or domiciled in
Queensland; and(d)for a woman, the person is not
pregnant; and(e)the person is not undergoing fertility
treatment and hasnot undergone fertility treatment within the
previous 6months; and(ea)the
person—Reprint 1E effective 17 September 2012Page
51
Adoption Act 2009Part 4 Recruitment
and selection of prospective adoptive parents[s 77](i)isnotanintendedparentunderasurrogacyarrangement
within the meaning of theSurrogacyAct 2010;
and(ii)ifthepersonhasbeenanintendedparentforasurrogacy
arrangement within the meaning of theSurrogacyAct2010—thesurrogacyarrangementended not less
than 6 months earlier; and(f)the person does
not have custody of—(i)a child aged
less than 1 year; or(ii)a child who has
been in the person’s custody forless than 1
year; and(g)the person has a spouse who—(i)is also eligible under paragraphs (a)
to (f); and(ii)is not the same
gender as the person; and(iii)has been the
person’s spouse for at least 2 years;and(h)the person and the person’s
spouse—(i)are living together; and(ii)lived together
for a continuous period of at least 2yearsuptothetimetheymadeanexpressionofinterest under division 2.(2)Subsection(1)(f)doesnotincludechildrenofwhomtheperson is an approved carer.77Notice and information to persons
entered in registerAfter entering a couple’s names in the
expression of interestregister, the chief executive must
give them a notice—(a)statingthattheirnameshavebeenenteredintheregister; and(b)explaining the selection and assessment
processes; and(c)containinginformationaboutthefeesandothercostsassociated with the adoption process.Page
52Reprint 1E effective 17 September
2012
Adoption Act 2009Part 4
Recruitment and selection of prospective adoptive parents[s
78]78Notice to persons not entered in
register(1)This section applies if—(a)apersonhasmade,orhaspurportedtomake,anexpression of interest under division 2;
but(b)the chief executive considers that,
under section 75(2),the person’s name may not be entered
in the expressionof interest register.(2)Thechiefexecutivemustgivethepersonanotice(ashowcause
notice) stating—(a)thattheperson’snamehasnotbeenenteredintheregister; and(b)whytheperson’snamehasnotbeenenteredintheregister;
and(c)that the person may, within a stated
time of at least 28days, give the chief executive a written
response aboutentering the person’s name in the
register.(3)The chief executive must consider any
response given by theperson within the time stated in the
show cause notice beforedecidingwhethertheperson’snamemaybeenteredintheregister.(4)If the chief executive decides the
person’s name may not beenteredintheregister,thechiefexecutivemustgivetheperson an information notice for the
decision.79Automatic removal from register(1)The chief executive must remove a
person’s name from theexpression of interest register
if—(a)it is 2 years since the person’s name
was entered in theregister and the person has not been given a
notice undersection91statingthatthepersonandtheperson’sspouse have been
selected for assessment; or(b)thepersonhasgiventhechiefexecutiveawrittenrequest to
remove the person’s name from the register;orReprint 1E effective 17 September 2012Page
53
Adoption Act 2009Part 4 Recruitment
and selection of prospective adoptive parents[s 80](c)the name of the person’s spouse is not
in the register.(2)After removing the person’s name under
this section, the chiefexecutive must give the person a
notice stating—(a)thattheperson’snamehasbeenremovedfromtheregister; and(b)the
reason for the removal.Note—Also,ifapersonisselectedforassessment,theperson’snameisremoved from the expression of
interest register when the assessment iscomplete. See
section 136.80Other removal from register(1)The chief executive must remove a
person’s name from theexpression of interest register
if—(a)the person or person’s spouse is not
eligible to have hisor her name remain in the register;
or(b)the person has not complied with a
requirement undersection112topayaprescribedfeeorpartofaprescribed fee relating to an
assessment of the person.(2)Thechiefexecutivemayremoveaperson’snamefromtheexpression of interest register if—(a)the person does not comply with a
notice under section81 or 114 by the due day for the
notice; or(b)the person contravenes section 82 or
115; or(c)the person gives information to the
chief executive forthisActthatisfalseormisleadinginamaterialparticular.(3)Before removing a person’s name from the
register under thissection, the chief executive must give the
person a notice (ashow cause notice)
stating—(a)that the chief executive proposes to
remove the name;and(b)the reason for
the proposed removal; andPage 54Reprint 1E
effective 17 September 2012
Adoption Act 2009Part 4
Recruitment and selection of prospective adoptive parents[s
81](c)that the person may, within a stated
time of at least 28days, give the chief executive a written
response to theproposed removal.(4)The
chief executive must consider any response given by theperson within the time stated in the show
cause notice beforedeciding whether to remove the person’s
name.(5)Ifthechiefexecutivedecidesnottoremovetheperson’sname, the chief
executive must give the person notice of thedecision.(6)If the chief executive decides to
remove the person’s name,the chief executive must give the
person an information noticefor the
decision.(7)For subsection (1)(a), a woman does
not become ineligible tohave her name remain in the register
on the ground of beingpregnant unless she is at least 14
weeks pregnant.81Chief executive may require further
information(1)This section applies to a person with
a current expression ofinterest.(2)Thepersonmustgivethechiefexecutiveanyrelevantinformationthatthechiefexecutivereasonablyrequirestodecide whether the person—(a)iseligibletohavehisorhernameremainintheexpression of interest register;
or(b)has complied with division 2.(3)Thechiefexecutivemayseekinformationmentionedinsubsection (2) by giving the person a
notice stating—(a)the information that the chief
executive requires; and(b)the day by which
the person must give the informationto the chief
executive; and(c)the consequence under subsection (7)
if the informationis not given to the chief executive by the
due day.Reprint 1E effective 17 September 2012Page
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Adoption Act 2009Part 4 Recruitment
and selection of prospective adoptive parents[s 82](4)The due day must be reasonable and, in
any case, at least 14days after the notice is given.(5)The chief executive may withdraw the
requirement, or part ofthe requirement, at any time.(6)On or before the due day for giving
particular information, thechiefexecutivemaygivethepersonafurthernoticesubstituting a later due day for giving the
information if thechief executive is satisfied it would be
reasonable in all thecircumstances to do so.(7)Thefollowingappliesifthepersondoesnotgiverequiredinformation by its due day—(a)iftheperson’snamehasnotbeenenteredintheexpression of interest register, the
person’s expression ofinterest lapses;(b)iftheperson’snameisintheexpressionofinterestregister, the
chief executive may remove the name undersection
80(2)(a);(c)if the person’s name is in the
suitable adoptive parentsregister, the chief executive may
remove the name undersection 146(2)(b).(8)In
this section—due day, for giving
information, means the day stated in thenotice under
subsection (3)(b) or any later day substituted bynotice under subsection (6).informationincludes a
document.82Obligation to notify chief executive
of changed or newinformation relevant to eligibility(1)This section applies if—(a)the person has given information about
a matter to thechief executive under this part or part 6;
and(b)thepersonbecomesawarethattheinformationhaschanged or becomes aware of new information
relatingto the matter; andPage 56Reprint 1E effective 17 September
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Adoption Act 2009Part 4
Recruitment and selection of prospective adoptive parents[s
83](c)the changed or new information is
relevant to whetherthe person is eligible to have his or her
name entered orremain in the expression of interest
register.(2)The person must immediately give the
chief executive a noticeof the changed or new
information.83Inclusion in register does not confer
entitlementInclusionofaperson’snameintheexpressionofinterestregisterdoesnotconferanentitlementonthepersontobeassessed, or to be selected for
assessment, for suitability to bean adoptive
parent.Division 4Closing and
re-opening expressionof interest register84Chief executive may close
register(1)Thechiefexecutivemayclosetheexpressionofinterestregister,orapartoftheregister,ifsatisfiedthenumberofpersons listed in the register, having
regard to their profiles, issignificantlyhigherthanthenumberneededtomeettheanticipated need for adoptive
parents.(2)The chief executive may act under
subsection (1) in relationto—(a)the
whole of the register; or(b)a part of the
register relating to—(i)local adoptions;
or(ii)intercountry
adoptions; or(iii)intercountry
adoptions from a stated country; or(iv)adoptions of children with stated
characteristics.(3)Thereferenceinsubsection(1)totheanticipatedneedforadoptive parents includes, for
intercountry adoptions from aparticularcountry,theextenttowhichapplicationsorReprint 1E effective 17 September 2012Page
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Adoption Act 2009Part 4 Recruitment
and selection of prospective adoptive parents[s 85]expressionsofinterestfromAustraliancouplesarebeingreceivedattherelevanttimebythecountry’scompetentauthority.85Notice of closure(1)Atleast30daysbeforeclosingtheexpressionofinterestregisterorapartoftheregister,thechiefexecutivemustpublish,inanewspapercirculatingthroughouttheState,notice
of—(a)the extent of the closure; and(b)the reason for the closure; and(c)the last day for giving an expression
of interest to thechief executive before the closure.(2)Thenoticemayincludeanyotherinformationthechiefexecutive
considers appropriate.Example—If
there is a time at which the chief executive anticipates the
register orpart of the register will be re-opened, the
notice may state that time.(3)The
chief executive may also publish the notice in other waysthe
chief executive considers appropriate.86Periodic review of closureFrom
time to time while the expression of interest register or apart
of the register is closed, at intervals of not more than 6months, the chief executive must consider
whether the closureremains appropriate.87Re-opening the register(1)Thechiefexecutivemayre-opentheexpressionofinterestregisterorpartoftheregisterifsatisfieditwouldbeappropriatetodoso,havingregardtothemattersstatedinsection 84.Page 58Reprint 1E effective 17 September
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Recruitment and selection of prospective adoptive parents[s
88](2)The chief executive must publish
notice of the re-opening in anewspaper
circulating throughout the State and in any otherway
the chief executive considers appropriate.Division 5Selections for assessment88Selection to meet anticipated future
need(1)Fromtimetotime,thechiefexecutivemustselectpersonsfromtheexpressionofinterestregistertobeassessedforsuitability to be an adoptive
parent.(2)The purpose of selections under this
section is to ensure thelikely future need for adoptive
parents identified in planningunder division 1
may be met.(3)Thechiefexecutivemustselectappropriatenumbersofpersons,withappropriateprofiles,accordingtothelikelyneed relating to
local adoptions and the likely need relating tointercountry
adoptions for each relevant country.(4)The
chief executive must be satisfied the persons selected are,basedontheirprofiles,likelytomeettheanticipatedplacement needs
of children to be adopted.Note—Theplacementneedsofchildrentobeadoptedbyanintercountryadoptionaredeterminedhavingregardtomattersthatincludetherequirements of the competent authority for
the country that apply toprospective adoptive parents of
children from the country. See schedule3,
definitionplacement needs, paragraph
(c).(5)Subject to subsection (4), the chief
executive may, in decidingwhom to select, give priority
to—(a)a person with the same ethnic
background as children tobe adopted; or(b)apersonwhohaspreviouslyadoptedachildwithsimilar placement needs as children to be
adopted; or(c)a person with the earliest relevant
expression of interest.(6)In this
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Adoption Act 2009Part 4 Recruitment
and selection of prospective adoptive parents[s 89]relevant expression of interest,
for a person, means—(a)if the person’s
name has previously been removed fromthe expression
of interest register under section 79(1)(a),the expression
of interest for which the person’s namehad been entered
in the register; or(b)otherwise, the person’s current
expression of interest.89Selection to meet
needs of particular child(1)Thissectionappliesifthechiefexecutiveanticipatesaparticular child will need an adoptive
placement.(2)Toensurethechild’splacementneedsaremet,thechiefexecutive may
select 1 or more persons under this section tobeassessedforsuitabilitytobeanadoptiveparent