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Adoption Act 2009
Adoption Act 2009
Queensland Adoption
Act 2009 Reprinted as in
force on 17 September 2012 Reprint No. 1E This reprint is
prepared by the Office of the Queensland Parliamentary
Counsel Warning—This reprint is not an authorised
copy
Information about this reprint
This
Act is reprinted as at 17 September 2012. The reprint shows the law
as amended by all amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)). The reprint
includes a reference to the law by which each amendment was
made—see list of legislation and list of annotations in
endnotes. Also see list of legislation for any uncommenced
amendments. This page is specific to this reprint. See
previous reprints for information about earlier changes made under
the Reprints Act 1992. A table of reprints is included in the
endnotes. Also see endnotes for information
about— • when provisions commenced
• editorial changes made in earlier
reprints. Spelling The spelling of
certain words or phrases may be inconsistent in this reprint or
with other reprints because of changes made in various
editions of the Macquarie Dictionary (for example, in the
dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of
spelling will be updated in the next authorised
reprint. Dates shown on reprints Reprints dated at
last amendment All reprints produced
on or after
1 July 2002,
authorised (that is, hard copy) and
unauthorised (that is, electronic), are dated as at the last
date
of amendment. Previously reprints were dated as at the date of
publication. If an authorised reprint is dated earlier than an
unauthorised version published before 1 July 2002,
it means the
legislation was
not further amended
and the reprint
date is the
commencement of the last amendment.
If the
date of an authorised reprint is the same as the date shown for an
unauthorised version previously published, it merely means
that the unauthorised version was published before
the authorised version.
Also, any
revised edition
of the previously
published unauthorised
version will have the same date as that version.
Replacement reprint date If the date of an
authorised reprint is the same as the date shown on another
authorised reprint it means that one is the replacement of the
other.
Queensland Adoption Act
2009 Contents Part 1
Division 1 1
2 3 Division 2
4 5 6
7 8 9
Division 3 10
11 Division 4 12
13 Part 2 Division 1
14 15 16
17 Division 2 18
Page Preliminary Introduction Short title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 15 Commencement . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
15 Dictionary . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Application, object
and guiding
principles Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
Main object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Guiding principles. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Additional
principles concerning Aboriginal
and Torres
Strait Islander
persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 18 Act applies despite
Anti-Discrimination Act 1991 . . . . . . . . . . . . .
19 References to child’s wellbeing or
best interests . . . . . . . . . . . . . 19
Adoptions under this Act Who may be
adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 20 Rules
of private
international law not relevant . . . . . . . . . . . . . . .
20
Custody and guardianship What is the effect of custody . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
What is the effect of guardianship .
. . . . . . . . . . . . . . . . . . . . . . . 20
Consent to adoption and related matters Preliminary Non-application
to intercountry adoptions . . . . . . . . . . . . . . . . . . 21
References
to parent
in pt
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
Requirement
for consent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
References
to consent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Requirements
about consent Form
of consent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
Adoption Act 2009 Contents
19 20 Division 3
21 22 23
24 25 26
Division 4 27
28 29 30
Division 5 31
32 33 34
Division 6 35
36 37 38
39 40 41
Division 7 42
Division 8 43
44 45 Time of consent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Revocation of consent . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Giving forms,
information and counselling to parents Obligation to
enable understanding . . . . . . . . . . . . . . . . . . . . . .
. Parents to be given consent documents . . .
. . . . . . . . . . . . . . . . Parents to be given prescribed information .
. . . . . . . . . . . . . . . .
Parents to be given pre-consent counselling
. . . . . . . . . . . . . . . .
Pre-consent information
and counselling for
Aboriginal or Torres Strait Islander child . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Parents’ access to legal advice . . . . . .
. . . . . . . . . . . . . . . . . . . . Ensuring parents
have capacity to consent Meaning of qualified person for div 4
. . . . . . . . . . . . . . . . . . . . . . Assessing
whether a non-adult parent has capacity to consent .
Declaration
of QCAT
whether an
adult parent
has capacity
to consent
.......................................
Appointment of guardian for adult parent
without capacity to consent
.......................................
Identifying
child’s
father and
related matters Application
of div
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishing father’s identity and location. . . . . . . . . . . . . . . . . . . Giving notice to father or person
suspected to be father . . . . . . . Chief executive
may apply
for declaration of
paternity .
. . . . . . . .
Dispensing
with requirement for
parent’s
consent Application for
dispensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice
of application .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Respondent
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing
of application in
absence of
relevant parent . . . . . . . . . . Court
may dispense
with need
for consent
. . . . . . . . . . . . . . . . . Notice
of court
order. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discharge
of dispensation order
if relevant
parent not
served with
application. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . Complying interstate consents
Consent given under a law of another State .
. . . . . . . . . . . . . . . Giving
information, counselling and support to child Application of
div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Child must be given information
. . . . . . . . . . . . . . . . . . . . . . . . . .
Child must be given counselling
. . . . . . . . . . . . . . . . . . . . . . . . . .
Page
2 23 23 23
23 24
25
26 27 27
28 28 29 29
29
30 30
31
31
32
32
32
34
35 35 36
36
38
46 47 Part 3
Division 1 48
49 50 51
52 53 54
Division 2 55
56 57 58
59 60 61
62 Division 3 63
64 65 Part 4
Division 1 66
67 Division 2 68
69 70 71
Adoption Act 2009 Contents
Counselling for Aboriginal or Torres Strait
Islander child . . . . . . . Child may be
given other support. . . . . . . . . . . . . . . . . . . . . . . .
. Custody and guardianship of a child awaiting
adoption Custody of child under care agreement
References to parent in div 1 . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Meaning of care agreement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entering
into care
agreements .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of care agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No agreement against
the wishes
of a parent . . . . . . . . . . . . . . .
Maximum period of care agreement.
. . . . . . . . . . . . . . . . . . . . . .
Ending of care agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guardianship of
child after
consent is
given to
local adoption
Application of div 2 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Definitions for
div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Chief executive becomes guardian when
consent is given or dispensed
with .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child may be placed in care . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of consent or dispensation ending . .
. . . . . . . . . . . . . . . . . Chief executive
may place child in parents’ care . . . . . . . . . . . . .
Other ending of chief executive’s
guardianship . . . . . . . . . . . . . . Guardianship under
Child Protection Act
not affected
. . . . . . . . . Transfer
of guardianship between
chief executive and
corresponding officer for another
State Corresponding officers . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Chief executive
may renounce guardianship . . . . . . . . . . . . . . . .
Chief executive may ask corresponding
officer to renounce guardianship ................................... Recruitment
and selection
of prospective adoptive
parents Planning
Chief executive must plan for future need .
. . . . . . . . . . . . . . . . . Deciding number
of parents to be assessed . . . . . . . . . . . . . . . .
Making expressions of
interest Who may make an expression of
interest. .
. . . . . . . . . . . . . . . . . Form
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination
relating to
local or
intercountry adoption . . . . . . . . . . Other
requirements for expressing
an interest
. . . . . . . . . . . . . . . 38 39
39 40
40
40
41
41
41
42 42 42 43
43 43 44
44
44 45 45 46 47
48
48
49
49
Page
3
Adoption Act 2009 Contents
72 73 74
Division 3 75
76 77 78
79 80 81
82 83 Division 4
84 85 86
87 Division 5 88
89 90 91
Part
5 Division 1 92
93 94 95
Division 2 96
97 98 99
Person may express an interest despite
previous expressions . . Changes to current expression of
interest or relevant information No expressions
of interest while register is closed. . . . . . . . . . . .
Expression of interest register
Expression of interest register . . . . . .
. . . . . . . . . . . . . . . . . . . . . Eligibility for
inclusion in
register. .
. . . . . . . . . . . . . . . . . . . . . . . .
Notice and information
to persons
entered in
register .
. . . . . . . .
Notice to persons not entered in register . . . . . . . . . . . . . . . . . . . Automatic
removal from
register. .
. . . . . . . . . . . . . . . . . . . . . . . .
Other removal from register . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chief executive may
require further information
. . . . . . . . . . . . . .
Obligation
to notify
chief executive of changed or new information relevant to eligibility .
. . . . . . . . . . . . . . . . . . . . . . . . .
Inclusion in register does not confer
entitlement . . . . . . . . . . . . . Closing and
re-opening expression of interest register Chief executive
may close register . . . . . . . . . . . . . . . . . . . . . . .
. Notice of closure. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Periodic review
of closure.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Re-opening the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Selections
for assessment Selection to meet anticipated
future need
. . . . . . . . . . . . . . . . . .
Selection
to meet
needs of
particular child . . . . . . . . . . . . . . . . .
Joint selection of spouses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice
of selection
and fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application
by person
wishing to
adopt stepchild Making an application Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for
application .
. . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal
of application .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation
to notify
chief executive of changed or new information relevant to application .
. . . . . . . . . . . . . . . . . . . . . . . How chief
executive must deal with accepted application Definitions for
div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Application of div 2 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Obtaining
consents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . All consents not obtained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 50 51
51 51
52
53
53
54
55
56 57 57
58 58
58
59
60
61
62
62
63
63
64 64 65
65 65
Page
4
100 Part 6 Division 1
101 102 103
Division 2 104
105 106 107
Division 3 108
109 110 111
112 Division 4 113
114 115 116
117 118 119
Division 5 120
121 122 123
124 125 Adoption Act
2009 Contents Lapsing of
application. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Assessment of prospective adoptive
parents Preliminary Who is assessed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Suitable adoptive parents register . . . . .
. . . . . . . . . . . . . . . . . . . This part applies despite
the Criminal
Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Purpose and scope of assessment
Purpose of assessment . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Scope of
assessment—persons selected to meet anticipated future need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scope of assessment—persons
selected to
meet needs
of particular child
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scope
of assessment—persons
wishing to
adopt stepchild . . . . Assessment
process Joint assessment
of a couple . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessment process . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Timing and pace of assessment. .
. . . . . . . . . . . . . . . . . . . . . . . .
Consent of household members to assessment . . . . . . . . . . . . .
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information
to assess
suitability Application of
div 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chief executive may
require information .
. . . . . . . . . . . . . . . . . .
Obligation
to notify
chief executive of changed or new information relevant to eligibility or
suitability . . . . . . . . . . . . . . . . Police
information . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . Traffic information . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Consultation with appropriate Aboriginal or
Torres Strait Islander person .................................
Other information gathering
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bases for deciding suitability
Application of div 5 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Unacceptable
risk of harm . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guiding principles. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity
to be
adoptive parent generally
. . . . . . . . . . . . . . . . . . . Good
character. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 66
67 67 67
67
68
68
68
69 70
70
71
72
72
73 74 75
76
76
77 77 79 79
79
80
Page 5
Adoption Act 2009 Contents
126 127 128
129 130 131
132 133 Division 6
134 135 136
137 138 Division 7
139 Division 8 140
141 142 143
Division 9 144
145 146 Division
10 147 148 149
150 Part 7 Division 1
151 152 Page 6
Attitudes to children and parenting. . . . .
. . . . . . . . . . . . . . . . . . . Adoptive
parenting . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Quality of relationship with spouse. . . . .
. . . . . . . . . . . . . . . . . . . Infertility . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . Matters relating to step-parent . . . . . .
. . . . . . . . . . . . . . . . . . . . . Aboriginal or
Torres Strait
Islander children . . . . . . . . . . . . . . . . .
Other cultural matters.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other
prescribed matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Action following decision Application of
div 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chief executive must
give notice
of decision
. . . . . . . . . . . . . . . .
Removal from expression
of interest
register .
. . . . . . . . . . . . . . . Entry
in suitable
adoptive parents register
. . . . . . . . . . . . . . . . . .
Preparation
of report
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interstate
register Registration of
person on
interstate register . . . . . . . . . . . . . . . . Re-assessment of
person listed
in suitable
adoptive parents
register When a person may be re-assessed . . . . . .
. . . . . . . . . . . . . . . . Conduct of
re-assessment . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Re-assessment may be limited . . . . . . . .
. . . . . . . . . . . . . . . . . . Notice of
re-assessment. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Removal from suitable
adoptive parents register Automatic removal
from register. . . . . . . . . . . . . . . . . . . . . . . . . .
Removal after re-assessment. .
. . . . . . . . . . . . . . . . . . . . . . . . . .
Other grounds for removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigative information Police commissioner
may decide
that information about
a person is
investigative information . . . . . . . . . . . . . . . . . . . . .
. . . Appeal from decision that information is
investigative information Court to decide matters afresh . . . .
. . . . . . . . . . . . . . . . . . . . . . . Consequence of
successful appeal . . . . . . . . . . . . . . . . . . . . . .
. Selection of prospective adoptive
parents Requirement
to select
persons as
prospective adoptive parents
Application of div 1 for initial selection
for local adoptions . . . . . . Application of
div 1 when further selection required. . . . . . . . . . .
80 80 81
81 81 81 82
83
83
83
83
83
84
85
86 86 86
87 87
88
88
89 90 91
92 92 92
153 Division 2 154
155 156 157
158 159 160
161 162 163
Division 3 164
Part
8 Division 1 165
166 167 168
169 Division 2 170
171 172 173
Part
9 Division 1 174
175 176 177
178 179 Adoption Act
2009 Contents Chief executive
must select prospective adoptive parents . . . . . .
How
selection must be made Application of div 2 . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Child’s wellbeing and best interests
generally . . . . . . . . . . . . . . . Child’s
particular needs . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Preferences
of parents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Characteristics of
persons who
may be
selected .
. . . . . . . . . . . .
Eligibility
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Placement
with sibling
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other
children in
adoptive family . . . . . . . . . . . . . . . . . . . . . . . . .
Initial period of full-time personal care
by adoptive
parents .
. . . .
Additional
provisions relating to Aboriginal or
Torres Strait Islander children . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Facilitating matters between parents and
selected persons Facilitating agreement or adoption plan . .
. . . . . . . . . . . . . . . . . . Adoption
plans General What is an adoption plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nature of plan and limitations
on operation .
. .
. .
. .
. .
. .
. .
. .
. .
Chief executive to
help .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
When is plan required In-person contact between
child and
birth family . . . . . . . . . . . . .
Child protection order
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Particular
Aboriginal or Torres Strait Islander
placements . . . . . .
Adoption
plans otherwise not
compulsory . . . . . . . . . . . . . . . . . .
Adoption
orders General matters Court may make adoption
orders .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Consents
and pre-consent
counselling and information
. .
. .
. .
. Particular documents not
to be
served on
prospective adoptive parents
.......................................
Proceedings about whether parents have
consented . . . . . . . . . Child subject to
child protection order . . . . . . . . . . . . . . . . . . . .
. Child able to form and express views . . . .
. . . . . . . . . . . . . . . . . . 93
94 94 94
94
95
95
96
96
96
96 97 98 99
100
100
100
101
101
101
102
102
102
103 103 105
105 Page
7
Adoption Act 2009 Contents
180 Division 2 181
182 183 184
185 186 187
188 189 190
Division 3 191
192 193 194
195 196 197
198 199 200
201 202 Division 4
203 204 205
206 207 208
209 Division 5 210
References to prospective adoptive parents .
. . . . . . . . . . . . . . . Local
adoptions Application of div 2 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Application for
interim order . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . Requirements for making interim order . . .
. . . . . . . . . . . . . . . . . Period of operation of
interim order . . . . . . . . . . . . . . . . . . . . . . .
Effect of interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discharge
of interim
order .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Application for
final adoption order
if interim
order is
in force.
. .
. Application for
final adoption order
in favour
of approved
carers . Requirements for
making final adoption
order .
. .
. .
. .
. .
. .
. .
. .
Notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intercountry adoptions Application of
div 3
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Custody and guardianship
if no
guardian under Commonwealth Act .............................
Custody and guardianship if interim order in
force . . . . . . . . . . . . Order ending
custody or discharging interim order . . . . . . . . . . .
Application for interim order . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Requirements for
making interim order . . . . . . . . . . . . . . . . . . . .
Period of operation
of interim
order .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Chief executive to
supervise child’s wellbeing and
interests .
. .
. Application for
final adoption order
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Requirements
for making
final adoption order
. .
. .
. .
. .
. .
. .
. .
. Discharge of
interim order on application for
final order. . . . . . . .
Notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoptions
by step-parent
Meaning of suitability
report .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Application
by step-parent
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Notice of application
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Respondents .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Chief executive
must file
report .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Requirements for
making final adoption
order .
. .
. .
. .
. .
. .
. .
. .
Notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoptions
by residents of
a convention country Application of
div 5
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
106 106 106
106 107
107
108
109
109
110
111
112
112 112 113
113 114 115 115
116
116
118
118
118
119
119
119
119
120
120
121
Page
8
211 212 213
Division 6 214
215 216 217
218 Division 7 219
220 221 222
223 224 225
226 Part 10 Division 1
227 Division 2 228
229 230 231
232 233 234
235 236 237
238 239 240
Adoption Act 2009 Contents
Selection of prospective adoptive parents .
. . . . . . . . . . . . . . . . . Application for
final adoption order . . . . . . . . . . . . . . . . . . . . . . .
. Requirements for making adoption order . . .
. . . . . . . . . . . . . . . . Effect of final
adoption order Effect on relationships . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Child’s name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect
of adoption
orders in
relation to
property .
. .
. .
. .
. .
. .
. .
. Bequest by will to an unascertained
adopted person. . . . . . . . . .
Transfer
or distribution of
property by
trustee or
personal representative ..................................
Discharge of final adoption order
Grounds for discharge . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Who may apply. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . How to apply. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Respondent
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Hearing not
to be
in public
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Hearing of application
in absence
of party
. .
. .
. .
. .
. .
. .
. .
. .
. .
Court orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of discharge
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Court proceedings Preliminary Application of
pt 10.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Constitution of
court and
procedural provisions Court’s constitution .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Court’s paramount consideration .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Evidence.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Court to ensure parties
understand proceeding. .
. .
. .
. .
. .
. .
. .
Expert help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right
of appearance and
representation . . . . . . . . . . . . . . . . . . . Right
of appearance of
departmental coordinators .
. .
. .
. .
. .
. .
Separate
legal representation of
child .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Support for child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal representation of
more than
1 child
. .
. .
. .
. .
. .
. .
. .
. .
. .
Child can not be compelled
to give
evidence .
. .
. .
. .
. .
. .
. .
. .
. Court may hear submissions
from non-parties
to proceeding .
. .
Transfer
of proceedings .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 121
121 121 122
123
124
124
126 126 127
127 128
128
129
129
130
130
131
131
131
131
132
132
132
132
133
134
134
134
134
Page
9
Adoption Act 2009 Contents
241 242 Division 3
243 244 245
246 247 Part 11
Division 1 248
249 250 251
252 253 254
Division 2 255
256 257 258
259 260 261
Division 3 262
263 264 265
266 267 268
Hearing of applications together. . . . . .
. . . . . . . . . . . . . . . . . . . . Costs . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Appeals Who may appeal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . How to start appeal . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Stay of operation of
decisions .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Hearing procedures .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Powers of appellate
court .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Access to adoption
information Preliminary Identifying information .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Meaning of relative
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
References
to birth
parent—who
is a
biological father . . . . . . . . .
Application
to persons
who have
died .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Prescribed
documents .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Release of altered documents .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
How request for
information is made . . . . . . . . . . . . . . . . . . . . . .
Access to particular
identifying information while
adopted person is a
child Application of div 2 . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Request by, or
on behalf of, adopted child . . . . . . . . . . . . . . . . .
. Request by birth parent . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Taking steps to
obtain consent to disclosure . . . . . . . . . . . . . . . .
Support for persons
involved in
disclosure of information
. .
. .
. .
Adoption
plan may
include consent or request not
to be
asked for consent . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Access to information is subject to court
order. . . . . . . . . . . . . . . Access to
particular information when adopted person is an adult
Application
of div
3 .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Request by adopted person
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Request by adult
relative in place of adopted person. . . . . . . . . .
Request by birth parent . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Request by adult relative
in place
of birth
parent .
. .
. .
. .
. .
. .
. .
Request by pre-adoption sibling
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Limitations
on access
to information .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 135
135 135 136
136
136
136
137
137
138
138
139
139
139
140 140 141
143 143
143 144 144 144
145 145 146 146
147
Page
10
Division 4 269
270 271 272
273 274 Division 5
275 276 277
Division 6 278
279 280 281
282 283 284
285 286 287
Part
12 288 289 290
290A 290B 290C
Part
13 Division 1 291
292 293 Adoption Act
2009 Contents Contact
statements and related matters Contact
statements . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Contact statement obligations for post-June
1991 adoptions. . . . Contact statement obligations for
pre-June 1991 adoptions . . . . Offence about
contact for pre-June 1991 adoptions. . . . . . . . . . .
Currency
and revocation of
contact statements .
. .
. .
. .
. .
. .
. .
. Persons making
contact statements presumed
to be
living .
. .
. .
Miscellaneous Court order
restricting access to information .
. .
. .
. .
. .
. .
. .
. .
. Chief executive
may obtain
or disclose
non-identifying medical information . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Intercountry adoption . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Mailbox
service What is the mailbox service . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Other
definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . Who is eligible
to take
part .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Exchanging non-identifying
information . . . . . . . . . . . . . . . . . . . .
Exchanging
identifying information. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Notice of intention
to take
part .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Receipt and review of documents
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Document
with no
identifying information or
concerning matter. .
Document
with identifying information or
concerning matter . . . . Photographs of
persons more than 2 years old . . . . . . . . . . . . . . Registration of
adoptions Definitions for
pt 12.
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Chief executive
must notify
registrar. . . . . . . . . . . . . . . . . . . . . . .
Entitlement
to certificate, information or
source document relating to
particular entries . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Application for notice of adoptions in
another country . . . . . . . . . Deciding
applications for notice of adoptions in another country .
Registrar to record information about
adoptions granted in another country . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognition of
adoptions and related
matters Recognition of
interstate and overseas adoptions Recognition of
Australian and New Zealand adoptions . . . . . . . .
Recognition of adoptions granted in
convention countries . . . . . . Recognition of
adoptions granted in non-convention
countries .
. 147
148 149 151
152
152
153
154 155 156
156 157
157
157
158
159
159
160
160
162
162
162 163 164
165
165 166 167 Page
11
Adoption Act 2009 Contents
Division 2 294
295 296 297
Division 3 298
299 Part 14 300
301 302 303
304 305 306
307 Part 14A Division 1
307A 307B 307C
307D Division 2 307E
Division 3 307F
307G Division 4 307H
307I 307J 307K
307L 307M Simple
adoptions Definitions for div 2 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Simple adoption does not end parent-child
relationship. . . . . . . . Conversion of
simple adoption in convention country . . . . . . . . .
Conversion of simple adoption by Childrens
Court . . . . . . . . . . . Other matters
concerning overseas adoptions Chief executive
to have
limited supervision of
adopted children .
Declarations
of validity
of overseas
adoptions .
. .
. .
. .
. .
. .
. .
. .
Offences
Definitions
for pt
14. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Territorial
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
False representation about arranging
adoption .
. .
. .
. .
. .
. .
. .
. Giving or receiving consideration .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Advertisements
and other
published matters . . . . . . . . . . . . . . . . False
or misleading information .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Improperly witnessing a
consent .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Fraud or undue influence .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Proceedings
before QCAT Preliminary Application of
pt 14A
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Definitions
for pt
14A .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Object of pt 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Principles
for tribunal in
matters relating to
this Act
. .
. .
. .
. .
. .
. Notice for proceedings Government entity
may nominate decision-maker
. .
. .
. .
. .
. .
. .
Proceedings Constitution of
tribunal and hearing
of compulsory conference .
. Hearing must
usually be
held in
private .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Children in
proceedings Requirements about
ensuring proper understanding of
tribunal proceedings . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Separate representation of children . . . .
. . . . . . . . . . . . . . . . . . . Children must
not be compelled to give evidence . . . . . . . . . . . .
Child’s right to express views to tribunal.
. . . . . . . . . . . . . . . . . . . Children giving
evidence or expressing views to tribunal . . . . . . .
Questioning
of children. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 169
169 169 170
171
172
174
174
174
175
175
176
176
177
178
178
179
179
179
180
181
182 182 183
183 183 184 Page 12
Division 5 307N
307O 307P 307Q
Part
15 Division 1 308
309 310 311
312 313 Division 2
314 315 316
Division 3 317
318 319 320
321 322 323
324 325 326
327 328 Part 16
Division 1 329
Adoption Act 2009 Contents
Confidentiality Confidentiality
order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Limited access to tribunal’s register of
proceedings . . . . . . . . . . . Limited access
to tribunal’s record of proceedings. . . . . . . . . . . .
Certain information not to be published . .
. . . . . . . . . . . . . . . . . . General Matters about
offences and proceedings Types of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings
for indictable offence
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Limitation
on who
may summarily hear
indictable offence . . . . . . Limitation
on time
for starting summary
proceeding. . . . . . . . . . .
Evidentiary
provisions for proceedings
under this
Act .
. .
. .
. .
. .
Proof of adoptions
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Confidentiality Confidentiality of
information obtained by
persons involved in
administration of Act . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Publishing
identifying material . . . . . . . . . . . . . . . . . . . . . . .
. . . . Disclosure to other jurisdictions . . . . .
. . . . . . . . . . . . . . . . . . . . . Miscellaneous Adoption
contract workers . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Meaning of appropriate
Aboriginal or Torres Strait Islander person
.......................................
Right of review against particular decisions
. . . . . . . . . . . . . . . . . Delegation . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Protection from liability . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Convention
countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . State central authority
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assistance
to adoptive
parents and
others. .
. .
. .
. .
. .
. .
. .
. .
. .
Approved
forms .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making
power. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Repeal, savings
and transitional provisions Repeal Repeal
of Adoption
of Children
Act 1964
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 184
185 185 186
187
187
188
188
188
190
190 192 194
194 194 195
196 196 196
197
197
198
198
198
199
199
Page 13
Adoption Act 2009 Contents
Division 2 330
331 331A 332
333 334 335
336 337 338
339 340 341
342 343 344
345 346 Schedule 1
Schedule 3 Savings and
transitional Meaning of commencement day . . . . . . . .
. . . . . . . . . . . . . . . . . Adoption orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . Interim orders . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Correction of adoption orders. . . . . . . .
. . . . . . . . . . . . . . . . . . . . Application by
step-parent
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Special Needs Children’s Adoption List
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Review of decision
to remove
name from
adoption list . . . . . . . . Expression
of interest
register .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Uncompleted
review of
decision to
remove persons from
expression of interest register . . . . . .
. . . . . . . . . . . . . . . . . . . . . Suitable
adoptive parents register . . . . . . . . . . . . . . . . . . . . .
. . . Current applications to Supreme Court or
Childrens Court . . . . . Consents to adoption . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Chief executive’s guardianship . . . . . . .
. . . . . . . . . . . . . . . . . . . . Current applications to
chief executive to
convert simple adoption ......................................
Particular objections continue in force as
contact statements for pt 11
...................................... Current
application to chief executive to
disclose particular information ....................................
Entitlement
to particular records
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. Transitional—effect
of adoption
orders in
relation to
property .
. .
Hague convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 199 199 200
200 200
201
201
202
202 203 203
203 204 204
204
205
205
205
206
225 Endnotes 1
2 3 4
5 6 7
Index to endnotes
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Date to which amendments
incorporated. . . . . . . . . . . . . .
. . . . . . . . Key . . . . . . . . .
. .
. .
. .
. .
. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . Table of
reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . List
of legislation. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. List of annotations .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
Forms notified or
published in the gazette . . . . . . . . . . . . . . . . . . . . .
235
235 236 236
236
237
239
Page
14
Adoption Act 2009 Adoption Act
2009 Part 1 Preliminary [s 1]
[as
amended by all amendments that commenced on or before 17
September 2012] An Act to make provision about the
adoption of children and to make related
amendments of
the Adoption of
Children Act
1964,
the Births, Deaths and Marriages Registration Act 2003
and
the Child Protection Act 1999 and to make consequential
amendments of other Acts as stated in
schedule 2 Part 1 Preliminary Division 1
Introduction 1
Short
title This Act may be cited as the
Adoption Act 2009 .
2 Commencement This Act, other
than part 17 division 1, commences on a day to be fixed by
proclamation. 3 Dictionary The dictionary
in schedule 3 defines particular words used in this Act.
Reprint 1E effective 17 September 2012
Page
15
Adoption Act 2009 Part 1
Preliminary [s 4] Division 2
Application, object and guiding
principles 4
Act
binds all persons (1) This Act binds all persons including
the State and, as far as the legislative power
of the Parliament permits,
the Commonwealth and all the other
States. (2) Subsection (1) does not make the
State, the Commonwealth or another State liable for an
offence. 5 Main object of Act The main object
of this Act is to provide for the adoption of children in
Queensland, and for access to information about parties to
adoptions in Queensland, in a way that— (a)
promotes the
wellbeing and
best interests
of adopted persons
throughout their lives; and (b)
supports efficient
and accountable practice
in the delivery of
adoption services; and (c) complies with
Australia’s obligations under the Hague convention. 6
Guiding principles (1)
This Act
is to be
administered under
the principle that
the wellbeing and best interests of an
adopted child, both through childhood and
the rest of his or her life, are paramount. (2)
Subject to subsection (1), this Act is to be
administered under the following principles—
(a) the purpose
of an adoption
is to provide
for a child’s
long-term care, wellbeing and development by
creating a permanent parent-child relationship
between the child and the adoptive parents;
(b) adoption is an appropriate long-term
care option for a child if— Page 16
Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 1
Preliminary [s 6] (i)
the
child’s parents choose adoption for the child’s long-term care;
or (ii) the child does
not have a parent who is willing and able to protect
the child from harm and meet the child’s need for
long-term stable care; (c) each of the
parties to an adoption or proposed adoption should
be given the
information he
or she reasonably needs to
participate effectively in processes under this Act;
(d) a child should be kept informed of
matters affecting him or her
in a way
and to an
extent that
is appropriate, having
regard to
the child’s age
and ability to
understand; (e)
the process for
a child’s adoption
should include
considering the views of—
(i) the child’s parents; and
(ii) the child, if he
or she is able to form and express views
about the
adoption, having
regard to
the child’s age and ability to
understand; (f) an adopted child of a particular
ethnic or other cultural background should have—
(i) access to
information about
the child’s ethnic
or cultural heritage; and
(ii) opportunities to
develop and maintain a connection with the child’s
ethnicity or culture; and (iii) opportunities to
maintain contact with the child’s community or
language group; (g) a child’s
adoptive parents
have the
primary responsibility
for the child’s upbringing, protection and development; (h)
an
adopted child should be cared for in a way that—
(i) ensures a
safe, stable
and nurturing family
and home life; and Reprint 1E
effective 17 September 2012 Page
17
Adoption Act 2009 Part 1
Preliminary [s 7] (ii)
promotes openness
and honesty about
the child’s adoption;
and (iii) promotes the
development of the child’s emotional, mental, physical
and social wellbeing; (i) the
same protection, support
and resources should
be available to an adopted person
regardless of whether the adoption was a local adoption,
intercountry adoption or adoption by a step-parent;
(j) although a
final adoption
order changes
legal relationships, it
may be in
an adopted child’s
best interests
for— (i) the child’s emotional connections with
members of the child’s birth family to continue;
or (ii) the child to
have ongoing contact with members of the child’s
birth family; or (iii) the
child or
the child’s adoptive
parents to
exchange information with members of the
child’s birth family. 7
Additional principles concerning Aboriginal
and Torres Strait Islander persons (1)
This Act
is also to
be administered under
the following principles— (a)
because adoption (as provided for in this
Act) is not part of Aboriginal tradition or Island custom,
adoption of an Aboriginal or
Torres Strait
Islander child
should be
considered as
a way of
meeting the
child’s need
for long-term stable care only if there is
no better available option; Note
— Island custom includes a customary
child-rearing practice that is similar to
adoption in so far as parental responsibility for a child
is permanently transferred to
someone other
than the child’s
parents. This
practice is
sometimes referred
to as either
‘customary adoption’ or ‘traditional
adoption’. Page 18 Reprint 1E
effective 17 September 2012
Adoption Act 2009 Part 1
Preliminary [s 8] (b)
it
is in the best interests of an Aboriginal or Torres Strait
Islander child— (i)
to be cared
for within an
Aboriginal or
Torres Strait Islander
community; and (ii) to maintain
contact with the child’s community or language group;
and (iii) to
develop and
maintain a
connection with
the child’s Aboriginal tradition or Island
custom; and (iv) for the child’s
sense of Aboriginal or Torres Strait Islander
identity to be preserved and enhanced. (2)
If the Childrens
Court exercises
a power under
this Act
in relation to an Aboriginal or Torres
Strait Islander child, the court must have regard to the views,
about the child and about Aboriginal tradition or Island custom
relating to the child, of an appropriate Aboriginal or Torres
Strait Islander person. (3) As
far as is
reasonably practicable, the
chief executive
and other officers
of the department must
try to conduct
consultations, counselling, negotiations and
other proceedings involving an Aboriginal person or Torres
Strait Islander in a way and in a place that is appropriate
to Aboriginal tradition or Island custom. 8
Act
applies despite Anti-Discrimination Act 1991 (1)
Despite the Anti-Discrimination Act 1991
, a
person may make a decision or do another act that is
necessary to comply with, or is specifically authorised by, this
Act. (2) Without limiting
subsection (1),
a person may
make a
decision or do another act under this Act to
comply with the main guiding principle under section
6(1). 9 References to child’s wellbeing or
best interests Unless a contrary intention appears, a
reference in this Act to a child’s wellbeing or best interests
is a reference to the child’s Reprint 1E
effective 17 September 2012 Page
19
Adoption Act 2009 Part 1
Preliminary [s 10] wellbeing or
best interests through both childhood and the rest
of
his or her life. Division 3 Adoptions under
this Act 10 Who may be adopted (1)
A
child may be adopted by an order of the Childrens Court
under this Act. (2)
A child may
be adopted whether
or not the
child has
been previously
adopted. (3) An adult may not be adopted.
11 Rules of private international law not
relevant The power to make an adoption order under
this Act does not depend on any fact or circumstance not
expressly stated in this Act. Division 4
Custody and guardianship 12
What
is the effect of custody For this Act, a person who has
custody of a child
has— (a) the right to have the child’s daily
care; and (b) the right and responsibility to make
decisions about the child’s daily care. 13
What
is the effect of guardianship For this Act, a
person who has guardianship of a child
has— (a) the right to have the child’s daily
care; and (b) the right and responsibility to make
decisions about the child’s daily care; and Page 20
Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 14]
(c) all the powers, rights and
responsibilities in relation to the child that
would otherwise have been vested in the person
having parental
responsibility for
making decisions
about the
long-term care,
wellbeing and
development of the child.
Part
2 Consent to adoption and related
matters Division 1 Preliminary 14
Non-application to intercountry
adoptions This part
applies to
the proposed adoption
of a child
other than by an
intercountry adoption. 15 References
to parent in pt 2
A
reference in this part, other than division 6, to a parent
of the child does not include a person if,
under section 39, a court has dispensed with the need for the
person’s consent to the child’s adoption. 16
Requirement for consent Section 175
states the requirement for the child’s parents to
consent under this part to the adoption
before the Childrens Court may make an adoption
order. 17 References to consent
(1) In this part— consent
means consent
freely and
voluntarily given
by a person with
capacity to give the consent. Reprint 1E
effective 17 September 2012 Page
21
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 18]
(2) A reference in this part to consent to
an adoption is a reference to— (a)
for
an adoption of a step-child under part 9, division 4—
(i) consent to
the child’s adoption
by the proposed
adoptive parent; or (ii)
consent to the child’s adoption generally;
or (b) otherwise, consent to the child’s
adoption generally. Division 2 Requirements
about consent 18 Form of consent (1)
A parent’s consent
to the child’s
adoption must
be in the
approved form,
signed by
the parent and
witnessed by
an authorised 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 has sighted the documents, relating to proof of
the parent’s identity, prescribed under a
regulation. (3) The approved
form may
also include
provision for
other matters relevant
to the child’s adoption that may be, but are not required to
be, completed. Example of other matters —
details of another parent of the child to
the extent the details are known by the parent
giving the consent (4) A single document must not
contain— (a) consent to the adoption of more than 1
child; or (b) more than
1 parent’s consent
to the adoption
of the child.
(5) In this section— Page 22
Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 19]
authorised person means a public
service employee, or other appropriate person in Queensland or
elsewhere, authorised by the chief executive to witness a
consent for this Act. 19 Time of
consent A 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 documents under section 22; or (c)
less
than 14 days after the parent is given the prescribed
information under section 23; or
(d) less than 14 days after the day the
counsellor swears the statement mentioned in section
175(3)(b). 20 Revocation of consent
A parent may
revoke the
parent’s consent
to the child’s
adoption only by giving a signed notice to
the chief executive within 30 days after the consent is
given. Division 3 Giving forms,
information and counselling to parents 21
Obligation to enable understanding
The
chief executive must ensure information is given to each
of
the child’s parents under this division, and counselling of
the parent is
carried out
under this
division, in
a way that
enables the parent to understand.
22 Parents to be given consent
documents The chief executive must give to each of the
child’s parents— (a) a document showing the contents of the
approved form for section 18; and Reprint 1E
effective 17 September 2012 Page
23
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 23]
(b) a document that the parent may use to
revoke consent given by the parent to the child’s
adoption. 23 Parents to be given prescribed
information (1) The chief
executive must
give each
of the child’s
parents a
document containing information about the
following matters (the prescribed
information )— (a) options
other than
adoption for
the child’s long-term
care; (b)
support (financial and otherwise) that may
be available to the parent
whether or
not adoption of
the child proceeds;
(c) possible psychological effects for the
parent, both short and long-term, of consenting to the
adoption; (d) possible psychological effects for the
child, both short and long-term, of being adopted;
(e) how and when the parent’s consent to
the adoption may be revoked; (f)
how
the parent may give the chief executive the parent’s
preferences relating
to the child’s
adoption including, for example,
preferences about— (i) the child’s religious upbringing;
or (ii) the
characteristics of
the child’s adoptive
parents and 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 selecting prospective
adoptive parents; and (iii) the chief
executive’s functions and powers relating to the child’s
adoption; and (iv) the role of the
Childrens Court; Page 24 Reprint 1E
effective 17 September 2012
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 24]
(h) the legal effect of adoption;
(i) the rights
and responsibilities of
the parties to
an adoption, including those relating
to— (i) adoption plans; and
(ii) access
to information about,
and contact with,
other parties to an adoption throughout the
life of the adopted person; (j)
the
requirement for pre-consent counselling and how it
will
be arranged; (k) if the
child to
be adopted is
an Aboriginal person
or Torres Strait Islander—
(i) options other
than adoption
for the child’s
long-term care
in accordance with
Aboriginal tradition or
Island custom; and (ii) the
importance of
the child being
cared for
in a way that—
(A) helps the
child to
develop and
maintain a
connection with
the child’s Aboriginal tradition or
Island custom; and (B) preserves and enhances the child’s
sense of Aboriginal or Torres Strait Islander
identity. (2) The chief
executive must
arrange for
the prescribed information to
be explained to the parent. 24 Parents to be
given pre-consent counselling (1)
The chief executive
must arrange
for each of
the child’s parents
to receive counselling about
the prescribed information
under section 23. (2) The counselling must
be carried out
by a counsellor nominated by the
chief executive. (3) The nominated
counsellor may
be an officer
of the department. Reprint 1E
effective 17 September 2012 Page
25
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 25]
(4) However, if
the nominated counsellor is
an officer of
the department, the chief executive
must— (a) advise the
parent that
he or she
may ask for
further counselling by
someone who
is not an
officer of
the department; and (b)
if the parent
makes a
request under
paragraph (a),
nominate another counsellor who is not an
officer of the department to carry out the further
counselling. (5) The counselling must be carried out in
a way that allows the parent to ask questions and discuss
the prescribed information and matters arising from the
information. (6) If the counsellor reasonably suspects
the parent does not have capacity to consent to the adoption,
the counsellor must notify the chief executive.
(7) The counsellor may offer to meet with
other persons. Example —
The
counsellor may offer to meet other family members to help
the parent to consider other options for the
child’s long-term care. (8) The counselling
may be carried out in 1 or more sessions and by 1 or more
counsellors. (9) In this section— counsellor means a person
who the chief executive is satisfied has
appropriate qualifications or
experience to
carry out
counselling under this section.
25 Pre-consent information and
counselling for Aboriginal or Torres Strait Islander child
(1) This section applies if the child to
be adopted is an Aboriginal person or Torres
Strait Islander. (2) The counselling under section 24 must
be carried out in a way and at
a place that
is appropriate to
Aboriginal tradition
or Island custom. (3)
The person who
explains the
prescribed information mentioned in
section 23(1)(k)— Page 26 Reprint 1E
effective 17 September 2012
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 26]
(a) need not be a counsellor under section
24; but (b) must be
an appropriate Aboriginal or
Torres Strait
Islander person. (4)
This
section does not apply to the counselling of a parent to
the
extent the parent, by giving the chief executive a signed
notice in the approved form, declines to
receive counselling in a way, or by a person, required by
this section. (5) The approved form for subsection (4)
must state— (a) that the
chief executive
has offered the
parent counselling
under this section; and (b) the extent to
which the counselling is declined; and (c)
that
the chief executive has given the parent a document
containing the information mentioned in
subsection (3). 26 Parents’ access to legal advice
The
chief executive must ensure each of the child’s parents is
told
that the parent may wish to seek legal advice and is given
the
details of at least 1 entity that generally provides free
legal services. Division 4
Ensuring parents have capacity to
consent 27
Meaning of qualified
person for div 4 In this
division— qualified person means a person
who, if called as a witness in a proceeding,
would be qualified to give expert evidence on the issue
whether a parent has capacity to give consent to an
adoption of the child. Reprint 1E
effective 17 September 2012 Page
27
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 28]
28 Assessing whether a non-adult parent
has capacity to consent (1)
This
section applies if a parent of the child is not an adult.
(2) Before the
parent may
consent to
the adoption, the
chief executive
must have
a qualified person
assess whether
the parent has capacity to give the
consent. (3) The qualified
person must
not be the
same person
who counsels the parent under section
24. 29 Declaration of QCAT whether an adult
parent has capacity to consent (1)
This
section applies to an adult parent of the child if—
(a) a counsellor under section 24 notifies
the chief executive that the counsellor reasonably suspects the
parent does not have capacity to consent to the
adoption; or (b) the chief
executive otherwise
knows or
reasonably suspects the
parent does not have capacity to consent to the
adoption. (2) Before the
parent may
consent to
the adoption, the
chief executive
must apply
to QCAT for
a declaration about
the parent’s capacity to give the
consent. Note — See the
Guardianship and Administration Act
2000 , section 146. (3)
However, if the parent is not
in Queensland at
the time the
parent’s consent is proposed to be given,
the chief executive must take the following steps instead of
making an application under subsection (2)—
(a) if it
is possible for
the chief executive
to make an
application, equivalent to
an application mentioned
in subsection (2),
in the jurisdiction where
the parent is,
the
chief executive must make that application; (b)
otherwise, the
chief executive
must ensure
a qualified person assesses
whether the parent has capacity to give the
consent. Page 28 Reprint 1E
effective 17 September 2012
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 30]
30 Appointment of guardian for adult
parent without capacity to consent (1)
This
section applies if— (a) QCAT makes a declaration that the
parent does not have capacity to give the consent;
and (b) the parent
does not
have a
guardian under
the Guardianship and
Administration Act
2000 for
the matter of dispensation.
(2) Before the
chief executive
may make an
application under
division 6 for an order for
dispensation, the chief executive
must
apply to QCAT for an order appointing a guardian for
the
matter of the dispensation. (3)
In
this section— dispensation means
dispensation with
the need for
the parent’s consent. Division 5
Identifying child’s father and
related matters 31
Application of div 5 This division
applies in relation to the child if, so far as the
chief executive is aware, every consent
required for the child’s adoption has been given other than the
consent of the child’s father. 32
Establishing father’s identity and
location If the chief executive does not know the
identity and location of the child’s father, the chief
executive must take reasonable steps to
establish those matters. Reprint 1E effective 17 September
2012 Page 29
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 33]
33 Giving notice to father or person
suspected to be father (1) If the chief
executive knows or reasonably suspects a person is
the
child’s father, the chief executive must give him a notice
stating— (a)
the other consent
or consents to
the child’s adoption
have
been given; and (b) how the person may—
(i) give consent; or (ii)
take steps
to establish whether
he is the
child’s father;
or (iii) apply under
the Family Law Act 1975 (Cwlth) for
a parenting order for the child.
(2) Subsection (1)
does not
apply if
the chief executive
is satisfied— (a)
the
person is a lineal relative of the child’s mother; or
(b) the child’s
conception was
a result of
an offence committed by the
person; or (c) there would be an unacceptable risk of
harm to the child or mother if the person were made aware of
the child’s birth or proposed adoption.
34 Chief executive may apply for
declaration of paternity For the Status of
Children Act 1978 , section 10(1)(c), the chief
executive is a person having a proper
interest in the result of the question whether the relationship
of father and child exists between the child and another
person. Page 30 Reprint 1E
effective 17 September 2012
Division 6 Adoption Act
2009 Part 2 Consent to adoption and related
matters [s 35] Dispensing with
requirement for parent’s consent 35
Application for dispensation
(1) The chief executive, or a person who
has made an application to the chief executive under part 5,
may apply to the Childrens Court for an order dispensing with the
need for the consent of a stated parent of the child
(the relevant parent ) to the
child’s adoption. (2)
The
application must state the grounds on which it is made.
36 Notice 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 parent and, if the
applicant is not the chief executive, serve a copy on
the
chief executive. (2) A served copy must state where and
when the application is to be heard. (3)
A
copy served on the relevant parent must also state that the
application may
be heard and
decided even
though the
relevant parent does not appear in
court. (4) The court may dispense with the
requirement to serve a copy of the
application on the relevant parent if the court is satisfied
of
any of the following matters— (a)
the applicant can
not establish the
identity of
the relevant parent after making all
reasonable enquiries; (b) the
applicant can
not locate the
relevant parent
after making all
reasonable enquiries; (c) the
relevant parent
is a lineal
relative of
the child’s mother;
(d) the child’s
conception was
a result of
an offence committed by the
relevant parent; Reprint 1E effective 17 September 2012
Page
31
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 37]
(e) there would be an unacceptable risk of
harm to the child or mother if the relevant parent were made
aware of the child’s birth or proposed adoption;
(f) there are
other special
circumstances for
giving the
dispensation. 37
Respondent (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 executive may apply to the
court to be included as a respondent in the proceeding. 38
Hearing of application in absence of
relevant parent (1) The court may hear and decide the
application in the absence of the relevant parent only if—
(a) the relevant parent has been given
reasonable notice of the hearing and failed to attend or
continue to attend the hearing; or (b)
the
court dispenses with the requirement to serve a copy
of
the application on the relevant parent under section
36(4). (2)
Subsection (1)
does not
limit the
court’s jurisdiction to
exclude a person from a proceeding.
39 Court may dispense with need for
consent (1) The court may make an order dispensing
with the need for the relevant parent’s consent to the
adoption if— (a) the court
is satisfied of
a matter stated
in section 36(4)(a) to (e);
or (b) QCAT has
made a
declaration that
the relevant parent
does
not have capacity to give the consent; or Page 32
Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 39]
(c) the relevant
parent is
not an adult
and the court
is satisfied, on
the basis of
an assessment mentioned
in section 28,
that the
relevant parent
does not
have capacity to give
the consent; or (d) the relevant parent is not in
Queensland and the court is satisfied, on
the basis of
a declaration or
assessment mentioned in
section 29(3), that the relevant parent does not have
capacity to give the consent; or (e)
the
court is satisfied the relevant parent— (i)
is not, and
will not
be within a
time frame
appropriate to
the child’s age
and circumstances, willing and able
to protect the child from harm and meet the child’s
need for long-term stable care; and (ii)
is
unreasonably— (A) withholding his
or her consent
to the adoption;
or (B) refusing to engage with the chief
executive in relation to
the issue of
whether to
give consent to the
adoption; or (f) the court
is satisfied there
are other special
circumstances for giving the
dispensation. (2) However, if
the relevant parent
is or is
believed to
be the child’s father,
the court may not give the dispensation— (a)
within 30 days after notice is given to the
relevant parent under section 33; or (b)
if
the court has reason to believe there is— (i)
a
current application under the Status of
Children Act 1978 ,
section 10,
by the relevant
parent or
someone else, for a declaration of paternity
for the child; or (ii)
a current application under
the Family Law
Act 1975 (Cwlth) by the
relevant parent for a parenting order for the
child. Reprint 1E effective 17 September 2012
Page
33
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 40]
(3) Also, the court must not give the
dispensation unless satisfied it would be in
the child’s best interests for arrangements for the child’s
adoption to continue to be made. (4)
Without limiting subsection (3)—
(a) if the applicant is a person who has
made an application under part 5, the court must be satisfied
the grounds for making an adoption order in favour of the
applicant are likely to exist; and (b)
if
the child is in the custody or guardianship of the chief
executive (child safety) or someone else
under the Child Protection Act
1999 , the court must— (i)
have
regard to anything in a case plan in force for the
child under
chapter 2,
part 3A
of that Act
about— (A)
adoption as
a way of
meeting the
child’s need 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 meeting the
child’s need
for long-term stable
care that
would better
promote the
child’s wellbeing
and best interests. (5)
If
the child has any views about the relevant parent and is
able to express the
views, having
regard to
the child’s age
and ability to understand, the court must
consider the views. 40 Notice of court order
(1) This section applies if—
(a) the court makes an order dispensing
with the need for the relevant parent’s consent; and
(b) the chief executive was not the
applicant for the order. (2) The
applicant must
give the
chief executive
a copy of
the order. Page 34
Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 41]
41 Discharge of dispensation order if
relevant parent not served with application (1)
This
section applies if— (a) the court makes an order dispensing
with the need for the relevant parent’s
consent (the
dispensation order
); and (b)
a
copy of the application for the dispensation order was
not
served on the relevant parent. (2)
The
relevant parent or the chief executive may apply to the
court to discharge the dispensation
order. (3) The applicant must serve a copy of the
application on each party 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)
the court is
satisfied the
ground on
which the
dispensation order was made under section
39(1) does not apply. (5)
The discharge of
the dispensation order
does not
affect a
consent given by anyone else to the child’s
adoption unless the court decides otherwise. Division 7
Complying interstate consents
42 Consent given under a law of another
State (1) A complying interstate consent has
effect for this Act as if it were given under
this part. (2) For subsection (1), a person’s consent
to the child’s adoption is a complying
interstate consent if an authorised officer for
another State has given the chief
executive— (a) a notice
stating that
the consent was
given, by
signed writing, under a
law of the other State and has not been revoked under
that law; and Reprint 1E effective 17 September 2012
Page
35
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 43]
(b) a written
authorisation to
make arrangements for
the adoption 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 arrangements for the adoption of children in the
State. Division 8 Giving
information, counselling and support to
child 43 Application of div 8
This
division applies if the child is able to form and express
views about the adoption.
44 Child must be given information
(1) The chief
executive must
ensure the
child is
given the
prescribed information before an application
for an adoption order for the child is made.
(2) The information must be given in a way
and to an extent that is reasonable, having regard to the
child’s age and ability to understand. (3)
In
this section— prescribed information means
information about
the following matters— (a)
options other
than adoption
for the child’s
long-term care;
(b) possible psychological effects for the
child, both short and long-term, of being adopted;
(c) how the
child’s parents
may give the
chief executive
their preferences relating
to the child’s
adoption including, for
example, preferences about— (i)
the
child’s religious upbringing; or Page 36
Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 44]
(ii) the
characteristics of
the child’s adoptive
parents and 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 selecting prospective
adoptive parents; and (iii) the chief
executive’s functions and powers relating to the child’s
adoption; and (iv) the role of the
Childrens Court; (e) support that may be available to the
child under sections 47, 235 and 236; (f)
the
legal effect of adoption; (g) the
rights and
responsibilities of
the parties to
an adoption, including those relating
to— (i) adoption plans; and
(ii) access
to information about,
and contact with,
other parties to an adoption throughout the
life of the adopted person; (h)
the requirement for
counselling under
section 45
and how it will be arranged;
(i) if the
child to
be adopted is
an Aboriginal person
or Torres Strait Islander—
(i) options other
than adoption
for the child’s
long-term care
in accordance with
Aboriginal tradition or
Island custom; and (ii) the
importance of
the child being
cared for
in a way that—
(A) helps the
child to
develop and
maintain a
connection with
the child’s Aboriginal tradition or
Island custom; and Reprint 1E effective 17 September 2012
Page
37
Adoption Act 2009 Part 2 Consent to
adoption and related matters [s 45]
(B) preserves and enhances the child’s
sense of Aboriginal or Torres Strait Islander
identity; (j) the guiding principles that—
(i) the child
should be
kept informed
of matters affecting him or
her in a way and to an extent that is appropriate,
having regard to the child’s age and ability to
understand; and (ii) the
child’s views
must be
given consideration, having
regard to
the child’s age
or ability to
understand. 45
Child
must be given counselling (1) The chief
executive must ensure the child receives counselling
about the proposed adoption, from a
counsellor nominated by the chief
executive, before
an application for
an adoption order for the
child is made. (2) The counselling must be carried out in
a way and to an extent that is reasonable, having regard to
the child’s age and ability to
understand. (3) The counselling may be carried out in
1 or more sessions and by 1 or more counsellors.
(4) In this section— counsellor means a person
who the chief executive is satisfied has
appropriate qualifications or
experience to
carry out
counselling under this section.
46 Counselling for Aboriginal or Torres
Strait Islander child (1) This section
applies to the counselling under section 45 if the
child is an Aboriginal person or Torres
Strait Islander. (2) The counselling must be carried out in
a way and at a place that is appropriate to Aboriginal
tradition or Island custom. Page 38
Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 3 Custody
and guardianship of a child awaiting adoption [s 47]
(3) A person
who, as
part of
the counselling, explains
the information under
section 44(3),
definition prescribed information , paragraph
(i)— (a) need not be a counsellor under section
45; but (b) must be
an appropriate Aboriginal or
Torres Strait
Islander person. (4)
This
section does not apply to the extent the child declines to
receive counselling in a way, or by a
person, required by this section. 47
Child
may be given other support (1) The chief
executive may appoint a qualified person to support
the
child during the adoption process. (2)
In
this section— qualified person
means a
social worker,
lawyer or
other person who the
chief executive is satisfied has the necessary expertise or
experience to give the relevant support and who is
not
an employee of the department. Part 3
Custody and guardianship of a
child
awaiting adoption Division 1 Custody of child
under care agreement 48
References to parent
in
div 1 A reference in
this division
to a parent
of a child
does not
include a person if, under section 39, a
court has dispensed with the need for the person’s consent to
the child’s adoption. Reprint 1E effective 17 September
2012 Page 39
Adoption Act 2009 Part 3 Custody and
guardianship of a child awaiting adoption [s 49]
49 Meaning of care
agreement In this division— care
agreement means
an agreement under
this division
between a child’s parent and the chief
executive (child safety) for the
short-term placement
of the child
in care while
consents for the child’s adoption are
obtained. 50 Entering into care agreements
(1) This section applies if a parent of a
child has asked the chief executive to arrange for the child’s
adoption or indicated to the chief executive that the parent is
considering adoption for the child. (2)
The chief executive
(child safety)
may enter into
a care agreement with a
parent who has custody of the child. (3)
The
agreement must be in the approved form, signed by the
parties. (4)
The
child may also be a party to the agreement if the chief
executive (child safety) considers it
appropriate, having regard to the child’s age and ability to
understand. (5) The agreement must state—
(a) arrangements for
contact between
the child and
the parents; and (b)
the
type of decisions relating to the child for which the
parents must be consulted.
51 Effect of care agreement
(1) While a
care agreement
for a child
is in force,
the chief executive
(child safety)
has custody of
the child and
may place the child in care under
the Child Protection Act 1999
, chapter 2, part 6, division 4.
(2) The Child Protection
Act 1999 , sections 74, 90 and 162 apply
as
if a reference in the sections to a care agreement included
a care agreement under this Act.
Page
40 Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 3 Custody
and guardianship of a child awaiting adoption [s 52]
52 No 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 in care under a care agreement.
(2) On receiving a notice under subsection
(1)— (a) the chief executive (child safety)
must not enter a care agreement for the child with another
parent of the child; or (b)
if a
care agreement is in force for the child with another
parent of
the child, the
chief executive
(child safety)
must
end the agreement under section 54. 53
Maximum period of care agreement
(1) A care agreement may not be entered
into for a child if 1 or more care agreements have already been
in force for the child for a total period of 1 year.
(2) A care agreement expires if the total
period for which the care agreement and any other care agreement
entered into for the child under this division has been in
force is 1 year. 54 Ending of care agreement
(1) Unless it ends earlier under this
division, a care agreement has effect
until the
chief executive
becomes a
guardian of
the child under section 57.
(2) A care
agreement may
be ended at
any time with
the agreement of
the chief executive
and each parent
who is a
party to the agreement. (3)
A
party to a care agreement may end the agreement at
any time by giving at least 2 days notice to the
other parties. (4) A care
agreement ends
if the chief
executive (child
safety) obtains custody
or guardianship of the child under the Child
Protection Act 1999 .
Reprint 1E effective 17 September 2012
Page
41
Adoption Act 2009 Part 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
protection under the Child Protection
Act 1999 , the chief executive (child safety)
may
take the action under that Act that the chief executive (child
safety) considers appropriate. Division 2
Guardianship of child after consent
is
given to local adoption 55 Application of
div 2 This division applies to the proposed
adoption of a child by a local adoption. 56
Definitions for div 2 In this
division— consent means consent
given under part 2. dispense with , in relation to
the need for a parent’s consent, means dispense
with under section 39. 57 Chief executive
becomes guardian when consent is given or 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 is dispensed with. (2)
The
parent stops having guardianship of the child. (3)
The
chief executive becomes a guardian of the child under this
section. (4)
No-one else’s guardianship of the child is
affected. Page 42 Reprint 1E
effective 17 September 2012
Adoption Act 2009 Part 3 Custody
and guardianship of a child awaiting adoption [s 58]
58 Child may be placed in care
If
the chief executive is the child’s guardian under section
57, the chief executive may place the child in
care under the Child Protection Act
1999 , chapter 2, part 6, division 4.
59 Effect of consent or dispensation
ending (1) This section applies if—
(a) a parent
revokes his
or her consent
to the child’s
adoption under section 20; or
(b) an order dispensing with the need for
a parent’s consent is overturned on appeal or
discharged. (2) The parent’s guardianship of the child
resumes. (3) The chief executive’s guardianship
under section 57, because of the consent or dispensation,
ends. (4) The chief executive’s guardianship
under section 57, because of another
parent’s consent
or another dispensation, is
not affected. 60
Chief
executive may place child in parents’ care (1)
This
section applies if— (a) the chief executive is the child’s
guardian under section 57; 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 her
consent was dispensed with; and
(c) the chief executive is
satisfied— (i) one or more of the child’s parents are
willing and able to protect the child from harm and meet
the child’s need for long-term stable care;
and (ii) it would
otherwise be in the child’s best interests to be placed in the
care of one or more of the parents under this
section; and Reprint 1E effective 17 September 2012
Page
43
Adoption Act 2009 Part 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 or more
of the parents
by giving each
of the child’s
parents a
signed notice. (3)
On
the placement of the child under subsection (2)—
(a) the chief
executive’s guardianship of
the child under
section 57 ends; and (b)
a
consent to the child’s adoption given by a parent of the
child stops having effect.
61 Other ending of chief executive’s
guardianship The chief executive’s guardianship of the
child under section 57 ends if— (a)
a
final adoption order for the child is made; or (b)
a court makes
an order ending
the chief executive’s guardianship of
the child; or (c) under a law of another jurisdiction,
the chief executive agrees to someone else having guardianship
of the child for the purpose of the child’s adoption
under that law. 62 Guardianship under Child Protection
Act not affected Nothing in
this division
affects the
chief executive
(child safety)’s
guardianship of a child under the Child
Protection Act 1999
. Division 3 Transfer of
guardianship between chief executive and
corresponding officer for another State
63 Corresponding officers
In
this division— Page 44 Reprint 1E
effective 17 September 2012
Adoption Act 2009 Part 3 Custody
and guardianship of a child awaiting adoption [s 64]
corresponding officer
, for another
State, means
an officer with powers and
functions substantially corresponding to the chief
executive’s powers and functions under this Act.
64 Chief executive may renounce
guardianship (1) This section applies if—
(a) the chief executive is a guardian of a
child under section 57; and (b)
it
is at least 30 days since the last consent required for
the
adoption was given; and (c) the
chief executive
has received a
notice from
a corresponding officer for another
State— (i) stating that
the corresponding officer
wishes to
arrange for the child’s adoption in the
other State; and (ii) asking
the chief executive
to renounce the
chief executive’s
guardianship of the child. (2) If the chief
executive is satisfied it would be in the child’s best
interests, the
chief executive
may, by
a signed document,
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 the document and all consents to the
adoption of the child held by the chief
executive. (4) When the
chief executive
gives the
documents to
the corresponding officer,
the chief executive
stops having
guardianship of the child.
65 Chief executive may ask corresponding
officer to renounce guardianship (1)
This
section applies if— (a) the chief
executive wishes
to arrange for
a child’s adoption;
and Reprint 1E effective 17 September 2012
Page
45
Adoption Act 2009 Part 4 Recruitment
and selection of prospective adoptive parents [s 66]
(b) a corresponding officer
for another State
has guardianship of the child under a law
of the other State substantially corresponding to section
57. (2) The chief executive may ask the
corresponding officer to give the
chief executive
a document under
which the
officer renounces the
officer’s guardianship of the child. (3)
If the chief
executive receives
the document mentioned
in subsection (2), the chief executive
becomes guardian of the child. Note
— The chief executive may also ask the
corresponding officer to give the chief executive
any of the following documents— •
a
consent to the adoption of the child given under the law of
the other State that is held by the
officer • a document mentioned in section
42. Part 4 Recruitment and
selection of prospective adoptive parents
Division 1 Planning
66 Chief executive must plan for future
need The chief executive must plan continually
for the future need for adoptive parents by— (a)
anticipating the numbers and characteristics
of children likely to need an adoptive placement by
local adoption; and (b) anticipating the
numbers and characteristics of children likely
to be placed
for an intercountry adoption
from each country
with which arrangements have been made Page 46
Reprint 1E effective 17 September
2012
Adoption Act 2009 Part 4
Recruitment and selection of prospective adoptive parents
[s
67] or with which
it is anticipated arrangements will
be made; and (c)
anticipating what are likely to be the
placement needs of the children; and (d)
identifying the
numbers and
profiles of
prospective adoptive
parents likely to
be needed, having
regard to
the
matters mentioned in paragraphs (a) to (c). 67
Deciding number of parents to be
assessed (1) At least once in each financial year,
the chief executive must decide the numbers of persons with
different profiles that it would be reasonable to assess for
suitability to ensure there are enough
suitable prospective adoptive parents to meet the
needs identified under section 66(d).
(2) In deciding the number of persons it
would be reasonable to assess, the chief executive must have
regard to the numbers and profiles of persons currently
listed in the suitable adoptive parents
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 a
reasonable time; and (b)
if too many
persons with
appropriate profiles
are assessed, this— (i)
may
be an inefficient use of resources; and (ii)
may
unnecessarily raise the expectations of some of
the assessed persons
about the
likelihood of
their adopting a child; and
(iii) may
unnecessarily intrude
on the privacy
or personal affairs
of the persons
assessed who
are not likely to be required.
Reprint 1E effective 17 September 2012
Page
47
Adoption Act 2009 Part 4 Recruitment
and selection of prospective adoptive parents [s 68]
Division 2 Making
expressions of interest 68 Who may make an
expression of interest (1) A
couple may
make an
expression of
interest in
being assessed for
suitability to be adoptive parents. (2)
A
person may not make an expression of interest unless the
person has
a spouse and
makes the
expression of
interest jointly 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 interest register or suitable adoptive parents
register; or (b) the person has custody of a child
under an interim order. 69 Form
(1) A couple make an expression of
interest by giving the chief executive a
notice in the approved form. (2)
The
form must be signed by the couple and by each person
who
is, at the time the form is given to the chief executive, an
adult member of the couple’s
household. (3) The information that may be required
by the approved form includes the following for each member
of the couple— (a) information demonstrating the
person’s eligibility to
have his
or her name
entered in
the expression of
interest register; (b)
information demonstrating the person’s
compliance with a requirement prescribed under
section 71
or another requirement
under this division; (c) information
relating to the person’s profile, including— (i)
any preferences of
the person relating
to the characteristics of
a child whom
the person is
willing to adopt; and Page 48
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[s
70] (ii) other
information relevant
to whether the
person would
meet the
anticipated placement
needs of
children relevant to the expression of
interest; (d) information relevant
to the person’s
suitability, including
information about
the person’s health
and personal history; (e)
membership of the person’s household;
(f) information of
which the
person is
aware, or
that the
person reasonably suspects, about the
personal history of each adult member of the person’s
household. (4) The approved
form must
include information about
the assessment that will be carried out
under part 6 if the couple are selected for assessment under
division 5. 70 Nomination relating to local or
intercountry adoption (1) An
expression of
interest must
state whether
it relates to
a local adoption, intercountry adoption
or both. (2) If a couple’s expression of interest
relates to an intercountry adoption, it must state each country
for which the couple wish to be considered. 71
Other
requirements for expressing an interest (1)
A
regulation may prescribe requirements with which a couple
must
comply before or when expressing an interest. (2)
A
regulation may, for example, require that the couple must—
(a) attend a
departmental information session
within a
stated 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 care for a child
full-time for
a stated period
after the
child is placed with them; or
(ii) for
an expression of
interest relating
to an intercountry
adoption—an ability to meet the full Reprint 1E
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Adoption Act 2009 Part 4 Recruitment
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cost of
completing the
adoption process
within a
stated period. (3)
A
regulation may set a fee payable for an information session
or
other thing relating to a requirement under this section.
72 Person may express an interest despite
previous expressions A person may
express an interest even though the person has previously expressed
an interest, or
purported to
express an
interest, and— (a)
the person was
not eligible or,
for another reason,
the expression of interest or purported
expression of interest did not comply with this division;
or (b) the person’s name was removed from the
expression of interest register. 73
Changes to current expression of interest or
relevant information (1)
A
couple with a current expression of interest may, by giving
a
notice to the chief executive, change— (a)
their preferences relating to the
characteristics of a child who they are willing to adopt;
or (b) for an expression of interest relating
to an intercountry adoption, a
country for
which they
wish to
be considered. (2)
A
couple with a current expression of interest may notify the
chief executive
of any other
new information or
changes in
information previously given to the chief
executive. Note — See sections 82
and 115 for the obligations to notify the chief executive
of
new information, or changes in information previously given to
the chief executive, relevant to eligibility or
suitability. Page 50 Reprint 1E
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[s
74] 74 No expressions of interest while
register is closed An expression of
interest may
not be made
while the
expression of interest register, or a part
of the register to which the expression of interest relates, is
closed under division 4. Division 3 Expression of
interest register 75 Expression of interest register
(1) The chief executive must keep a
register of persons who have made
an expression of
interest under
division 2
(the expression of
interest register ). (2) The
chief executive
may only, and
must, enter
a person’s name in the
register if— (a) the person and the person’s spouse
make an expression of interest under division 2; and
(b) the chief
executive is
satisfied the
person and
the person’s spouse are eligible to have
their names entered in the expression of interest
register. 76 Eligibility for inclusion in
register (1) A person is eligible to have his or
her name entered or remain in the expression of interest register
if— (a) the person is an adult; and
(b) the person
or the person’s
spouse is
an Australian citizen;
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 has not undergone fertility treatment within the
previous 6 months; and (ea)
the
person— Reprint 1E effective 17 September 2012
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Adoption Act 2009 Part 4 Recruitment
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(i) is not
an intended parent
under a
surrogacy arrangement
within the meaning of the Surrogacy Act 2010
;
and (ii) if
the person has
been an
intended parent
for a surrogacy
arrangement within the meaning of the Surrogacy
Act 2010 —the
surrogacy arrangement ended 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 for less 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 2 years
up to the
time they
made an
expression of
interest under division 2.
(2) Subsection (1)(f)
does not
include children
of whom the
person is an approved carer.
77 Notice and information to persons
entered in register After entering a couple’s names in the
expression of interest register, the chief executive must
give them a notice— (a) stating that
their names
have been
entered in
the register; and (b)
explaining the selection and assessment
processes; and (c) containing information about
the fees and
other costs
associated with the adoption process.
Page
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[s
78] 78 Notice to persons not entered in
register (1) This section applies if—
(a) a person
has made, or
has purported to
make, an
expression 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 expression of interest register. (2)
The chief executive
must give
the person a
notice (a
show cause
notice ) stating— (a)
that the
person’s name
has not been
entered in
the register; and (b)
why the person’s
name has
not been entered
in the register;
and (c) that the person may, within a stated
time of at least 28 days, give the chief executive a written
response about entering the person’s name in the
register. (3) The chief executive must consider any
response given by the person within the time stated in the
show cause notice before deciding whether
the person’s name
may be entered
in the register.
(4) If the chief executive decides the
person’s name may not be entered in
the register, the
chief executive
must give
the person an information notice for the
decision. 79 Automatic removal from register
(1) The chief executive must remove a
person’s name from the expression of interest register
if— (a) it is 2 years since the person’s name
was entered in the register and the person has not been given a
notice under section 91
stating that
the person and
the person’s spouse have been
selected for assessment; or (b)
the person has
given the
chief executive
a written request to
remove the person’s name from the register; or
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Adoption Act 2009 Part 4 Recruitment
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(c) the name of the person’s spouse is not
in the register. (2) After removing the person’s name under
this section, the chief executive must give the person a
notice stating— (a) that the
person’s name
has been removed
from the
register; and (b)
the
reason for the removal. Note —
Also, if
a person is
selected for
assessment, the
person’s name
is removed from the expression of
interest register when the assessment is complete. See
section 136. 80 Other removal from register
(1) The chief executive must remove a
person’s name from the expression of interest register
if— (a) the person or person’s spouse is not
eligible to have his or her name remain in the register;
or (b) the person has not complied with a
requirement under section 112
to pay a
prescribed fee
or part of
a prescribed fee relating to an
assessment of the person. (2) The
chief executive
may remove a
person’s name
from the
expression of interest register if—
(a) the person does not comply with a
notice under section 81 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 for this Act
that is
false or
misleading in
a material particular. (3)
Before removing a person’s name from the
register under this section, the chief executive must give the
person a notice (a show cause notice )
stating— (a) that the chief executive proposes to
remove the name; and (b) the reason for
the proposed removal; and Page 54 Reprint 1E
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[s
81] (c) that the person may, within a stated
time of at least 28 days, give the chief executive a written
response to the proposed removal. (4)
The
chief executive must consider any response given by the
person within the time stated in the show
cause notice before deciding whether to remove the person’s
name. (5) If the
chief executive
decides not
to remove the
person’s name, the chief
executive must give the person notice of the decision.
(6) If the chief executive decides to
remove the person’s name, the chief executive must give the
person an information notice for the
decision. (7) For subsection (1)(a), a woman does
not become ineligible to have her name remain in the register
on the ground of being pregnant unless she is at least 14
weeks pregnant. 81 Chief executive may require further
information (1) This section applies to a person with
a current expression of interest. (2)
The person must
give the
chief executive
any relevant information that
the chief executive
reasonably requires
to decide whether the person—
(a) is eligible
to have his
or her name
remain in
the expression of interest register;
or (b) has complied with division 2.
(3) The chief
executive may
seek information mentioned
in subsection (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 information to the chief
executive; and (c) the consequence under subsection (7)
if the information is not given to the chief executive by the
due day. Reprint 1E effective 17 September 2012
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Adoption Act 2009 Part 4 Recruitment
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(4) The due day must be reasonable and, in
any case, at least 14 days after the notice is given.
(5) The chief executive may withdraw the
requirement, or part of the requirement, at any time.
(6) On or before the due day for giving
particular information, the chief
executive may
give the
person a
further notice
substituting a later due day for giving the
information if the chief executive is satisfied it would be
reasonable in all the circumstances to do so.
(7) The following
applies if
the person does
not give required
information by its due day—
(a) if the
person’s name
has not been
entered in
the expression of interest register, the
person’s expression of interest lapses; (b)
if the person’s
name is
in the expression of
interest register, the
chief executive may remove the name under section
80(2)(a); (c) if the person’s name is in the
suitable adoptive parents register, the chief executive may
remove the name under section 146(2)(b). (8)
In
this section— due day , for giving
information, means the day stated in the notice under
subsection (3)(b) or any later day substituted by
notice under subsection (6).
information includes a
document. 82 Obligation to notify chief executive
of changed or new information relevant to eligibility
(1) This section applies if—
(a) the person has given information about
a matter to the chief executive under this part or part 6;
and (b) the person
becomes aware
that the
information has
changed or becomes aware of new information
relating to the matter; and Page 56
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[s
83] (c) the changed or new information is
relevant to whether the person is eligible to have his or her
name entered or remain in the expression of interest
register. (2) The person must immediately give the
chief executive a notice of the changed or new
information. 83 Inclusion in register does not confer
entitlement Inclusion of
a person’s name
in the expression of
interest register
does not
confer an
entitlement on
the person to
be assessed, or to be selected for
assessment, for suitability to be an adoptive
parent. Division 4 Closing and
re-opening expression of interest register
84 Chief executive may close
register (1) The chief
executive may
close the
expression of
interest register,
or a part
of the register,
if satisfied the
number of
persons listed in the register, having
regard to their profiles, is significantly higher
than the
number needed
to meet the
anticipated need for adoptive
parents. (2) The chief executive may act under
subsection (1) in relation to— (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) The reference
in subsection (1)
to the anticipated need
for adoptive parents includes, for
intercountry adoptions from a particular country,
the extent to
which applications or
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Adoption Act 2009 Part 4 Recruitment
and selection of prospective adoptive parents [s 85]
expressions of
interest from
Australian couples
are being received
at the relevant
time by
the country’s competent
authority. 85
Notice of closure (1)
At least 30
days before
closing the
expression of
interest register
or a part
of the register,
the chief executive
must publish,
in a newspaper
circulating throughout the
State, 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 the chief executive before the closure.
(2) The notice
may include any
other information the
chief executive
considers appropriate. Example —
If
there is a time at which the chief executive anticipates the
register or part of the register will be re-opened, the
notice may state that time. (3)
The
chief executive may also publish the notice in other ways
the
chief executive considers appropriate. 86
Periodic review of closure
From
time to time while the expression of interest register or a
part
of the register is closed, at intervals of not more than 6
months, the chief executive must consider
whether the closure remains appropriate. 87
Re-opening the register (1)
The chief executive
may re-open the
expression of
interest register
or part of
the register if
satisfied it
would be
appropriate to
do so, having
regard to
the matters stated
in section 84. Page 58
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[s
88] (2) The chief executive must publish
notice of the re-opening in a newspaper
circulating throughout the State and in any other
way
the chief executive considers appropriate. Division 5
Selections for assessment
88 Selection to meet anticipated future
need (1) From time
to time, the
chief executive
must select
persons from
the expression of
interest register
to be assessed
for suitability to be an adoptive
parent. (2) The purpose of selections under this
section is to ensure the likely future need for adoptive
parents identified in planning under division 1
may be met. (3) The chief
executive must
select appropriate numbers
of persons, with
appropriate profiles,
according to
the likely need relating to
local adoptions and the likely need relating to intercountry
adoptions for each relevant country. (4)
The
chief executive must be satisfied the persons selected are,
based on
their profiles,
likely to
meet the
anticipated placement needs
of children to be adopted. Note —
The placement needs
of children to
be adopted by
an intercountry adoption
are determined having
regard to
matters that
include the
requirements of the competent authority for
the country that apply to prospective adoptive parents of
children from the country. See schedule 3,
definition placement needs , paragraph
(c). (5) Subject to subsection (4), the chief
executive may, in deciding whom to select, give priority
to— (a) a person with the same ethnic
background as children to be adopted; or (b)
a person who
has previously adopted
a child with
similar placement needs as children to be
adopted; or (c) a person with the earliest relevant
expression of interest. (6) In this
section— Reprint 1E effective 17 September 2012
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Adoption Act 2009 Part 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 from the expression
of interest register under section 79(1)(a), the expression
of interest for which the person’s name had been entered
in the register; or (b) otherwise, the person’s current
expression of interest. 89 Selection to meet
needs of particular child (1) This
section applies
if the chief
executive anticipates a
particular child will need an adoptive
placement. (2) To ensure
the child’s placement
needs are
met, the
chief executive may
select 1 or more persons under this section to be
assessed for
suitability to
be an adoptive
parent of
the child. (3)
If the child
has an approved
carer, the
chief executive
may select the approved carer.
(4) If a sibling of the child has been
adopted, the chie 
