Adoption of Children Act 1964

Queensland Adoption of Children Act 1964 Reprinted as in force on 1 December 2009 Reprint No. 5B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 Act No. 29 s 329

Information about this reprint This Act is reprinted as at 1 December 2009. 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 of Children Act 1964 Contents Part 1 1 2 5A 5B 6 6A Part 2 7 7A 7B Part 3 Division 1 10 11 12 13 Division 1A 13A 13AA 13AB 13AC 13AD 13AE Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Inherent jurisdiction of Supreme Court preserved . . . . . . . . . . . . 8 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Convention countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Jurisdiction concerning adoptions Adoption by order of chief executive. . . . . . . . . . . . . . . . . . . . . . . 13 Nexus with Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Rules of private international law not relevant . . . . . . . . . . . . . . . 13 Adoptions under this Act General Welfare and interests of child to be paramount . . . . . . . . . . . . . . 14 Who may be adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Persons in whose favour adoption orders may be made . . . . . . . 14 Age of adopters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Purpose of division, applications, invitations, expressions of interest, assessment after expression of interest and related matters Purposes of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Application for adoption of a special needs child or a child who is a relative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Chief executive must publicly invite persons to express interest in being assessed as suitable to be prospective adopters . . . . . . 17 Inclusion of person’s name in expression of interest register . . . . 18 Information to be given to each person who expresses interest in being assessed as suitable to be a prospective adopter . . . . . 19 Assessments after person’s name entered in adoption list . . . . . 19

2 Adoption of Children Act 1964 13AF 13B 13C 13D 13E 14 14B 14C 14D 15 16 Division 2 17 18 18A Division 2A 18AA 18B 18C 18D Division 3 19 20 21 22 23 24 25 25A 26 26A Assessments required to meet anticipated placement needs of children ........................................ Chief executive’s assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . Matters to be regarded for assessment . . . . . . . . . . . . . . . . . . . . What happens after favourable assessment . . . . . . . . . . . . . . . . Ineligibility after person’s name entered in assessment register . Further assessment of prospective adopters . . . . . . . . . . . . . . . . Criminal histories to be disclosed. . . . . . . . . . . . . . . . . . . . . . . . . Procedure upon assessments under s 14 . . . . . . . . . . . . . . . . . . Reviews by tribunal about adoption lists, expression of interest register, assessment register and assessments . . . . . . . . . . . . . Notice of intention to make adoption order. . . . . . . . . . . . . . . . . . Discharge of adoption orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption lists, expression of interest register and assessment register Keeping of adoption lists, expression of interest register and assessment register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters to be considered if general consent given, or dispensed with, for adoption of child other than a special needs child . . . . . Placement of children with indigenous or ethnic backgrounds. . . Intercountry adoptions Definition of application for div 2A . . . . . . . . . . . . . . . . . . . . . . . . Operation of pt 3 not limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption of a child from Queensland by a person habitually resident in a convention country. . . . . . . . . . . . . . . . . . . . . . . . . . Adoption of a child from a convention country by a person habitually resident in Queensland . . . . . . . . . . . . . . . . . . . . . . . . Consents to adoptions Consents of parents and guardians required to adoptions. . . . . . Giving of consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consents given under law of another State or of a Territory of the Commonwealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation of consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defective consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court may dispense with consents. . . . . . . . . . . . . . . . . . . . . . . . Consent not required in certain circumstances . . . . . . . . . . . . . . Consent of child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions concerning court’s jurisdiction—appeals . . . . . . . . . . 19 20 22 22 23 23 25 26 27 27 27 29 31 33 33 33 34 34 35 36 36 37 37 37 38 40 41 41

27 27A 27B 27C Division 4 28 29 29A 30 32 Division 5 33 34 34A 35 Part 3A Division 1 36 36A 36B 36C Division 2 36D Division 3 36E 36F Division 4 36G 36H 36I 36J 36K 36L Division 5 36M 3 Adoption of Children Act 1964 Guardianship of child awaiting adoption. . . . . . . . . . . . . . . . . . . . Register of children for adoption. . . . . . . . . . . . . . . . . . . . . . . . . . Renunciation of guardianship of child to be adopted in another State or Territory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may enter into arrangements . . . . . . . . . . . . . . . Effect of adoption orders General effect of adoption orders . . . . . . . . . . . . . . . . . . . . . . . . . Effect of orders as regards dispositions of property etc. . . . . . . . Bequest by will to unascertained adopted persons . . . . . . . . . . . Names of adopted child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given. . . . . . . Interim orders Making of interim orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of interim orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of interim orders on child protection orders . . . . . . . . . . . . Discharge of interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunal proceedings Preliminary Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Object of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Principles for tribunal in matters relating to this Act . . . . . . . . . . . Notice of proceedings Government entity may nominate decision-maker . . . . . . . . . . . . Tribunal proceedings Constitution of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing must usually be held in private . . . . . . . . . . . . . . . . . . . . Children in tribunal 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality Confidentiality order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 43 45 46 46 47 49 50 51 51 52 52 52 53 53 53 54 54 54 55 56 56 57 57 57 58 58

36N 36O 36P Part 4 Division 1 37 37A 38 Division 2 38AA 38AB 38AC 38AD Division 3 38A 39 Part 4A 39A 39AA 39B 39C 39D 39E Part 5 40 41 42 43 44 45 46 47 48 49 50 50A 51 4 Adoption of Children Act 1964 Limited access to tribunal’s register of proceedings. . . . . . . . . . . Limited access to tribunal’s record of proceedings. . . . . . . . . . . . Certain information not to be published . . . . . . . . . . . . . . . . . . . . Recognition of adoptions and related matters Recognition of interstate and foreign adoptions Recognition of Australian and New Zealand adoptions . . . . . . . . Recognition of adoptions granted in convention countries . . . . . . Recognition of adoptions granted in non-convention countries . . 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 chief executive . . . . . . . . . . . . Other matters concerning foreign adoptions Chief executive to have limited supervision of adopted children . Declarations of validity of foreign adoptions . . . . . . . . . . . . . . . . . Access to identifying information Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of certain information . . . . . . . . . . . . . . . . . . . . . . . . . Entitlement to certain records etc. . . . . . . . . . . . . . . . . . . . . . . . . Offence to contact etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Counsellors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences Territorial application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Communication etc. by natural parent with adopted child . . . . . . Harbouring child taken from adopters . . . . . . . . . . . . . . . . . . . . . Payments in consideration of adoptions etc. . . . . . . . . . . . . . . . . Restrictions on advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on publication of identity of parties . . . . . . . . . . . . . . Penalty for making unauthorised arrangements . . . . . . . . . . . . . . False statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Personation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presenting forged documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . Improperly witnessing consent to adoption . . . . . . . . . . . . . . . . . Undue influence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority to prosecute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 59 59 61 61 62 64 65 65 65 66 67 69 70 71 73 74 75 75 75 76 77 78 78 79 79 79 80 80 80 81

52 53 Part 6 54 55 55A 56 57 57A 58 59 59A 59B 59C 59D 60 61 62A 63 64 65 67 67A Part 7 Division 1 68 Division 2 69 Division 3 70 71 72 73 5 Adoption of Children Act 1964 Summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Registration of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adopted Children Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certified copy or extract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sending of memoranda of orders to other places . . . . . . . . . . . . Particulars of orders received from other States and countries . . Assistance to adopters and adopted children . . . . . . . . . . . . . . . Hearings to be in camera . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of information authorised in certain cases . . . . . . . . . Disclosure of criminal histories. . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may obtain or disclose non-identifying medical information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of adoptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial notice of signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engagement of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parties to applications under Act . . . . . . . . . . . . . . . . . . . . . . . . . Practice and procedure upon applications . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Savings Provision for Adoption of Children Act 1964, Act No. 54 of 1964 Savings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision for Adoption of Children (Hague Convention on Intercountry Adoption) Amendment Act 1999 Savings—recognition of foreign adoptions under s 38 . . . . . . . . . Provisions for Adoption of Children Amendment Act 2002 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of names from the General Children’s Adoption List or Foreign Children’s Adoption List. . . . . . . . . . . . . . . . . . . . . . . . Persons on the Foreign Children’s Adoption List . . . . . . . . . . . . . Right to apply for review, and reviews not completed, before commencement .............................. 81 81 82 82 82 83 83 84 84 85 87 88 88 89 90 90 91 91 92 92 94 94 95 96 97 97 98 100

6 Adoption of Children Act 1964 74 75 Division 4 76 Schedule Expectations not otherwise dealt with under ss 71, 72 and 73 . . Chief executive may ask for criminal histories in limited cases . . Provision for Adoption Act 2009 Who is a birth parent for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . Hague convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 101 102 103 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 122 122 123 123 123 127

s 1 7 s 5A Adoption of Children Act 1964 Adoption of Children Act 1964 [as amended by all amendments that commenced on or before 1 December 2009] An Act to consolidate and amend the law relating to the adoption of children Part 1 Preliminary 1 Short title This Act may be cited as the Adoption of Children Act 1964 . 2 Commencement (1) Subject to subsection (2), this Act shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette. (2) Sections 1 to 4 and 6, division 2 of part 3, part 5 and sections 64 to 66 shall come into operation on the date of publication in the gazette of the proclamation for the purposes of subsection (1). 5A Objective of Act The objective of this Act is to facilitate securing for children who are available for adoption the best possible placements, having regard to the welfare and interests of the children, and to protect the rights and to provide for servicing the needs of all parties to the adoption process.

s 5B 8 Adoption of Children Act 1964 s6 5B Inherent jurisdiction of Supreme Court preserved No provision of this Act shall be construed to restrict or prejudice the jurisdiction of the Supreme Court in relation to persons who have not attained the age of 18 years. 6 Definitions In this Act— adopted child see section 7(2). Adopted Children Register means the Adopted Children Register made and kept by the registrar general under the repealed Acts and continued by and kept under this Act. adopter or adopters see section 7(2). adoption compliance certificate means a certificate under article 23 of the Hague convention. adoption entry , of an adopted person, means the particulars about the adopted person that are— (a) stated in a schedule to an adoption order for, or a schedule to a memorandum or copy of an adoption order for, the adopted person, and entered in the Adopted Children Register; or (b) if there is no schedule to an adoption order for, or no schedule to a memorandum or copy of an adoption order for, the adopted person— (i) stated in the adoption order, memorandum or copy; and (ii) entered in the Adopted Children Register; or (c) stated in the register kept by the registrar general titled ‘Record of Children whose Births have been registered in the State of Queensland and who have been transferred under Deed of Adoption’. adoption list means— (a) the Special Needs Children’s Adoption List; or (b) the Relative Children’s Adoption List.

s6 9 s6 Adoption of Children Act 1964 adoption order means an order for the adoption of a child under this Act and, where applicable, includes an order for the adoption of a child under the repealed Acts. assessment means an assessment made under this Act by the chief executive. assessment register see section 17(7)(d). central authority , of a convention country, means the entity designated under article 6 of the Hague convention as the central authority of the country or, if more than 1 central authority has been designated, the entity designated as the central authority for the relevant function. chief executive for child protection means the chief executive of the department in which the Child Protection Act 1999 is administered. child means a person who had not attained the age of 18 years, or a person who has attained that age in respect of whom an adoption order has been made. Childrens Court means the Childrens Court constituted under the Childrens Court Act 1992 other than by 2 justices of the peace. closure day see section 13AB(4)(b). Commonwealth central authority means the Commonwealth Central Authority under the Commonwealth regulation. 1 Commonwealth regulation means the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth). convention country see section 6A. country includes a territorial unit or other part of a country. criminal history , in relation to any person, means— (a) convictions of that person for any offence committed in Queensland or elsewhere not being convictions that have been quashed or set aside; and 1 Presently, this is the Secretary to the Commonwealth Attorney-General’s Department.

s 6 10 s 6 Adoption of Children Act 1964 (b) charges made against that person in respect of any offence committed in Queensland or elsewhere that have proceeded to final determination, which has resulted— (i) in respect of an offence committed in Queensland—in the making of a probation order or a community service order under the Penalties and Sentences Act 1992 or another law about orders of that kind in relation to that person; or (ii) in respect of an offence committed elsewhere—in the making of an order of a description similar to that of the order referred to in subparagraph (i) in relation to that person. disposition of property includes the grant or exercise of a power of appointment in respect of property. expression of interest register see section 17(7)(c). general consent means a consent referred to in section 20(1), and, where applicable, includes a consent of a similar nature for the adoption of a child given under the repealed Acts. guardian , in relation to a child, includes— (a) a person having the custody of the child pursuant to an order of a court made under a law of the Commonwealth or of a State or Territory of the Commonwealth; (b) a person who is or is deemed to be the guardian of the child, to the exclusion of, or in addition to, any parent or other guardian, under a law of the Commonwealth or of a State or Territory of the Commonwealth. Hague convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, made at the Hague on 29 May 1993, a copy of the English text of which is set out in the schedule. interim order means an interim order under division 5 of part 3, and, where applicable, includes an interim order of adoption made under the repealed Acts and continued under this Act. invitation means an invitation, made by the chief executive under section 13AB, to express interest in being assessed as suitable to be a prospective adopter.

s 6 11 s 6 Adoption of Children Act 1964 non-citizen child the same meaning as is ascribed to that term by the Immigration (Guardianship of Children) Act 1946 (Cwlth). non-convention country means a country other than Australia, New Zealand or a convention country. prospective adopter see section 13D(2). public trustee means the public trustee constituted under the Public Trustee Act 1978 . registrar general means the registrar under the Births, Deaths and Marriages Registration Act 2003 . registrar of the Supreme Court means the registrar of the Supreme Court under the Supreme Court Act 1995 , and, where applicable, includes the registrar of the Central Court and the registrar of the Northern Court under the Supreme Court Act 1995 . relative , in relation to a child, means— (a) a grandparent, brother, sister, uncle or aunt of the child, whether the relationship is of the whole blood or half blood or by affinity, notwithstanding that the relationship depends upon the adoption of any person; or (b) the spouse of a parent of the child, whether natural or adoptive. Relative Children’s Adoption List see section 17(7)(b). special needs child means a child declared by the chief executive under this Act to be a special needs child, and includes a non-citizen child and a child to whom section 20(3) applies. Special Needs Children’s Adoption List see section 17(7)(a). spouse see section 67A. Supreme Court includes a judge of the Supreme Court. Territory of the Commonwealth includes any Territory under the trusteeship of the Commonwealth.

s 6A 12 s 6A Adoption of Children Act 1964 the commencement of this Act means the commencement of the provisions of this Act other than the provisions specified in section 2(2). the court , when used in relation to a matter within the jurisdiction of the Supreme Court and of the Childrens Court, includes each of those courts and when used in any other case means the Supreme Court. the repealed Acts means the Acts and enactments repealed by section 5(1) (as in force on the commencement of this Act), or any of them. tribunal means QCAT. 6A Convention countries (1) Each of the following is a convention country for this Act— (a) a country prescribed under a regulation to be a convention country; (b) another country for which the Hague convention has entered into force, under article 46 of the Hague convention, other than— (i) Australia; or (ii) New Zealand; or (iii) a country to whose accession Australia has raised an objection under article 44 of the Hague convention. (2) However, subsection (1) applies to a country subject to a declaration under article 45 of the Hague convention.

s 7 13 s 7B Adoption of Children Act 1964 Part 2 Jurisdiction concerning adoptions 7 Adoption by order of chief executive (1) A child may be adopted in Queensland by means of an order for the adoption of that child made by the chief executive under this Act. (2) Any person or persons in whose favour an adoption order is made and a child in respect of whom an adoption order is made are in this Act referred to as the adopter , the adopters and the adopted child respectively. 7A Nexus with Queensland (1) It is not competent to the chief executive to make an adoption order in respect of a child unless, at the time the order is made— (a) the prospective adopter or, in the case of joint prospective adopters, each of the prospective adopters is resident or domiciled in Queensland; and (b) the child is present in Queensland. (1A) Subsection (1)(a) does not apply to an adoption order to which section 18C applies. (2) If the chief executive is satisfied that a prospective adopter was resident or domiciled in Queensland or that a child was present in Queensland within 21 days before the day on which an adoption order is to be made the chief executive may, unless the chief executive has reason to believe to the contrary, presume that the prospective adopter is resident or domiciled in Queensland or, as the case may be, that the child is present in Queensland at the time the order is made. 7B Rules of private international law not relevant The power of the chief executive to make an adoption order or of the tribunal to order the making of an adoption order is not dependent on any fact or circumstance not expressly specified in this Act.

s 10 14 s 12 Adoption of Children Act 1964 Part 3 Adoptions under this Act Division 1 General 10 Welfare and interests of child to be paramount For all purposes of this part and of part 2, the welfare and interests of the child concerned shall be regarded as the paramount consideration. 11 Who may be adopted (1) Subject to this Act, the chief executive may make an order for the adoption of a child who has not attained the age of 18 years on the date when the order is made. (2) The chief executive shall not make an order for the adoption of a person who is, or has been, married. (3) An order may be made under this Act for the adoption of a child notwithstanding that the child has, whether before or after the commencement of this Act, and whether in Queensland or elsewhere, previously been adopted. 12 Persons in whose favour adoption orders may be made (1) Subject to this section, an adoption order shall not be made except in favour of a husband and wife jointly. (2) An adoption order may be made in favour of a husband and wife jointly notwithstanding that 1 of them is the natural or adoptive parent of the child concerned. (3) Subject to subsection (4), an adoption order may be made in favour of 1 person if— (a) that person is the spouse of the natural or adoptive parent of the child concerned; or (b) in the case of the child concerned being a special needs child—the chief executive is of the opinion that the making of the order would be for the welfare and in the interests of the child; or

s 13 15 s 13 Adoption of Children Act 1964 (c) in any case—the chief executive is satisfied that there are exceptional circumstances that justify making the order. (4) Except in the case referred to in subsection (3)(a), an adoption order shall not be made in favour of 1 person if that person is married and is not living separately and apart from his or her spouse. (5) An adoption order shall not be made in favour of a prospective adopter or of prospective adopters either of whom is a relative of the child concerned unless the chief executive is satisfied that, in the circumstances of the case, the welfare and interests of the child would be better served by such an order than by an order for guardianship or custody made by a court of competent jurisdiction in relation to the child. 13 Age of adopters The chief executive shall not make an adoption order in favour of a prospective adopter who or in favour of prospective adopters either of whom— (a) has not attained the age of 21 years; or (b) being male, is less than 18 years older than the child concerned or, being female, is less than 16 years older than the child concerned; or unless— (c) in the case of a sole prospective adopter—the prospective adopter is the spouse of a parent of the child concerned, whether natural or adoptive; or (d) in the case of a married couple—1 of them is a parent of the child concerned, whether natural or adoptive; or (e) in the case of the child concerned being a special needs child—the chief executive is of the opinion that the making of the order would be for the welfare and in the interests of the child; or (f) in any case—the chief executive is satisfied that there are exceptional circumstances that justify making the order.

s 13A 16 Adoption of Children Act 1964 s 13A Division 1A Purpose of division, applications, invitations, expressions of interest, assessment after expression of interest and related matters 13A Purposes of division (1) This division’s purposes include making provision for— (a) a process for persons to apply to adopt children if an adoption list must be kept for the persons under section 17(1)(a); and (b) a process for persons to express an interest in being assessed as suitable to be prospective adopters of children if a register must be kept for the persons under section 17(1)(b); and (c) processes for assessing the suitability of persons to become prospective adopters if the persons names are in an adoption list, the expression of interest register or assessment register; and (d) processes for deciding about adoptive placements for children. (2) The processes mentioned in subsection (1)(b), (c) and (d) include— (a) keeping a register of persons who express an interest in being assessed as suitable to be prospective adopters, and a register of persons who are prospective adopters; and (b) moderating the entry of the names of persons in the registers; and (c) giving precedence to the needs of children requiring adoptive placements; and (d) enabling the chief executive, as the chief executive considers necessary for meeting the placement needs of a particular child when making a decision about the adoption of the child, to consider the suitability of persons named in the assessment register or the expression of interest register.

s 13AA 17 Adoption of Children Act 1964 s 13AB 13AA Application for adoption of a special needs child or a child who is a relative (1) A person who wishes to adopt a special needs child, or a child of whom the person is a relative, may apply to the chief executive to become an adoptive parent and to have the person’s name entered in the adoption list relevant to the application. (2) The application must be in the form approved by the chief executive. (3) The applicant is entitled to have the applicant’s name entered in the adoption list relevant to the application. (4) However, the chief executive must remove the person’s name from the adoption list if— (a) the person is, as prescribed under a regulation, ineligible to have the person’s name entered in the adoption list; or (b) the person does not comply with a requirement prescribed under a regulation. (5) A married couple may make a single application but both of their names must be removed from the adoption list if 1 of their names must be removed from the list under subsection (4). (6) Within 14 days after the removal of a person’s name from the adoption list, the chief executive must give written notice to the person of the removal. (7) The notice mentioned in subsection (6) must comply with the QCAT Act, section 157(2). 13AB Chief executive must publicly invite persons to express interest in being assessed as suitable to be prospective adopters (1) This section applies if the chief executive considers it necessary to ensure the placement needs of children are met by increasing the number of persons whose names are entered in the expression of interest register. (2) The chief executive must invite persons to express interest in being assessed as suitable to be prospective adopters.

s 13AC 18 Adoption of Children Act 1964 s 13AC (3) The invitation must be made by notice in a newspaper circulating throughout the State and also may be made in other ways the chief executive considers appropriate. (4) The invitation must state— (a) how a person must express the person’s interest; and (b) the day by which expressions of interest must be received by the chief executive for the invitation (the closure day ). (5) The chief executive must not include a person’s name in an expression of interest register unless— (a) the person, under this Act, expressed an interest in being assessed as suitable to be a prospective adopter in response to an invitation under this section; and (b) the person’s expression of interest was received by the closure day for the invitation. (6) Subsection (5) is subject to sections 17(6) and 71. 13AC Inclusion of person’s name in expression of interest register (1) A person whose expression of interest is received by the chief executive by the closure day for the relevant invitation is entitled to have the person’s name entered in the expression of interest register. (2) However, the chief executive must remove the person’s name from the register if— (a) the person is, as prescribed under a regulation, ineligible to have the person’s name entered in the register; or (b) the person does not comply with a requirement prescribed under a regulation. (3) Within 14 days after the removal of a person’s name from the register, the chief executive must give written notice to the person of the removal. (4) The notice mentioned in subsection (3) must comply with the QCAT Act, section 157(2).

s 13AD 19 Adoption of Children Act 1964 s 13AF 13AD Information to be given to each person who expresses interest in being assessed as suitable to be a prospective adopter (1) This section applies to each person— (a) who, under an invitation, expresses interest in being assessed as suitable to be a prospective adopter; and (b) whose name has not been removed from the expression of interest register as mentioned in section 13AC(2). (2) The chief executive must give to the person a document— (a) stating the estimated number and characteristics of children needing adoptive placements; and (b) explaining the assessment and selection processes relating to adopters; and (c) stating the fees associated with the assessment process. 13AE Assessments after person’s name entered in adoption list (1) As soon as practicable after an applicant’s name is entered in an adoption list, the chief executive must make an assessment under section 13B about the applicant. (2) If the applicant has made application to become an adoptive parent of a child of whom the applicant is a relative, the chief executive need not make the assessment until all consents necessary to the making of an adoption order for the child have been obtained or dispensed with or the chief executive has been notified as mentioned in section 25(2A). (3) If an applicant has applied to become an adoptive parent of a special needs child, or a special needs child of a particular description, the chief executive need not make the assessment until a special needs child, or a special needs child of that particular description, requires an adoption placement. 13AF Assessments required to meet anticipated placement needs of children (1) At least once in each financial year, the chief executive must decide the number of persons that, in the chief executive’s

s 13B 20 Adoption of Children Act 1964 s 13B opinion, is reasonable to assess in the year (the reasonable number ) to meet the anticipated placement needs of children to which the expression of interest register relates. (2) As the chief executive considers necessary during a financial year, the chief executive may decide another number that is reasonable to assess in the year (also the reasonable number ). (3) In deciding the reasonable number under subsection (1) or (2), the chief executive must have regard to— (a) placement needs of children in previous years; and (b) information received from other jurisdictions; and (c) resources required to ensure the welfare and interests of children are protected; and (d) the number of prospective adopters and the diversity of their characteristics; and (e) another matter the chief executive considers relevant. (4) For each financial year, the chief executive must, from the persons whose names are entered in the expression of interest register, assess a sufficient number of persons to ensure there is, at least, the reasonable number of persons for whom there is a favourable assessment. 13B Chief executive’s assessments (1) This section applies to an assessment required under section 13AE or 13AF. (2) The assessment must decide whether— (a) for a person whose name is in an adoption list—the welfare and interests of a child to be adopted will be promoted by making an adoption order in favour of the person; or (b) for a person whose name is in the expression of interest register—the person is of good repute and is a fit and proper person to become an adoptive parent. (3) If a married couple has done either of the following, the chief executive may make 1 assessment of both persons— (a) made a joint application;

s 13B 21 Adoption of Children Act 1964 s 13B (b) jointly expressed an interest in being assessed as suitable to be prospective adopters. (4) The chief executive shall give written notification of an assessment under this section to the person in respect of whom it was made or in the case of an assessment made in respect of a married couple, to that couple and in the case of an assessment unfavourable to the person or married couple, shall specify in the notification the grounds on which the assessment is based. (5) However, if the chief executive has been requested not to specify any particular ground or grounds in a notification by— (a) in the case of a notification to a married couple—1 of the couple; or (b) in the case of a notification to a person who is a spouse—the person or the other spouse; the chief executive is not required by subsection (4) to specify that ground or those grounds in the notification. (6) Every notification required by subsection (4) shall be given within 14 days after the assessment is made. (7) Where the chief executive has made an assessment under this section that is unfavourable to a person, the chief executive shall— (a) subject to a review of the assessment by the tribunal; and (b) unless the chief executive decides to defer the matter of the application or expression of interest in question; cause the name of the person or, if the assessment relates to a married couple, the names of both of them, to be removed from the adoption list or the expression of interest register in which the name is or the names are included. (8) In respect of persons whose names are entered in the Relative Children’s Adoption List, the chief executive must try to make the assessment under this section in the order in which those names are included in the adoption list, except where the chief executive is of the opinion that the welfare and interests of a child require that that order be departed from or where the person due to be assessed so approves or, in the case of a

s 13C 22 Adoption of Children Act 1964 s 13D married couple that is due to be assessed, both of them so approve. (9) If a person named in the Special Needs Children’s Adoption List is not assessed under this section within a time prescribed by the regulations the chief executive shall cause the name of that person to be removed from the adoption list. 13C Matters to be regarded for assessment Subject to section 14B(2), in making an assessment under section 13B the chief executive shall have regard to— (a) all matters mentioned in sections 12 and 13; and (b) all matters prescribed under a regulation as matters to have regard to in making an assessment of a person named in the relevant adoption list or the expression of interest register; and (c) in the case of an assessment in respect of an applicant whose name is included in an adoption list, any wishes expressed by a parent or guardian of the child sought to be adopted in an instrument of consent to the adoption of the child with respect to the religious upbringing of the child. 13D What happens after favourable assessment (1) This section applies if— (a) the chief executive has made a favourable assessment under section 13B about— (i) an applicant under section 13AA; or (ii) a person who expressed interest in being assessed as suitable to be a prospective adopter in response to an invitation; or (b) on a review of a decision of the chief executive about a person, the tribunal has, under the QCAT Act, section 23(2)(b), set aside the decision and substituted its own decision making a favourable assessment about the person.

s 13E 23 Adoption of Children Act 1964 s 14 (2) The person about whom the favourable assessment is made is a prospective adopter . (3) For each prospective adopter, the chief executive must— (a) make an appropriate notation in the adoption list in which the person is named that states the person is a prospective adopter; or (b) enter the person’s name in the assessment register as a prospective adopter. (4) If the chief executive enters a person’s name in the assessment register as a prospective adopter, the chief executive must remove the person’s name from the expression of interest register. 13E Ineligibility after person’s name entered in assessment register (1) This section applies to a person at any time after the person’s name is entered in the assessment register as a prospective adopter and before an adoption order is made relating to the person. (2) The chief executive must remove the person’s name from the assessment register if— (a) the person is, as prescribed under a regulation, ineligible to have the person’s name remain in the register; or (b) the person does not comply with a requirement prescribed under a regulation. (3) Within 14 days after the removal of a person’s name from the register, the chief executive must give written notice to the person of the removal. (4) The notice mentioned in subsection (3) must comply with the QCAT Act, section 157(2). 14 Further assessment of prospective adopters (1) Where, before the chief executive makes an adoption order in favour of any prospective adopter or prospective adopters whose name or names is or are included in the assessment register, in the chief executive’s opinion such time has elapsed

s 14 24 s 14 Adoption of Children Act 1964 since the making of an assessment in respect of the prospective adopter or prospective adopters pursuant to section 13B or since the making of an interim order in favour of the prospective adopter or prospective adopters that it is desirable that an assessment should be made pursuant to this subsection, the chief executive shall make an assessment of whether— (a) the prospective adopter or each of the prospective adopters is, at the time the assessment is made, of good repute and a fit and proper person to become an adoptive parent; and (b) where there is a child available at the material time for placement—the welfare and interests of the child will be promoted by making an adoption order in favour of the prospective adopter or prospective adopters; and the chief executive shall not make the adoption order unless the assessment last made is favourable in all respects. (1A) Where the prospective adopters are a married couple, the chief executive may make 1 assessment in relation to both of them. (2) When the chief executive is about to make an adoption order in favour of any prospective adopter or prospective adopters whose name or names is or are included in an adoption list and in the chief executive’s opinion such time has elapsed since the making of an assessment pursuant to section 13B or since the making of an interim order in favour of the prospective adopter or prospective adopters that, in the chief executive’s opinion, it is desirable that an assessment should be made pursuant to this subsection, the chief executive shall first make an assessment of whether the welfare and interests of the child will be promoted by making the adoption order in favour of the prospective adopter or prospective adopters, and the chief executive shall not make the adoption order unless the assessment is favourable in all respects. (3) For the purposes of an assessment to be made in respect of a prospective adopter the chief executive shall, subject to section 14B(2), have regard to all matters prescribed by section 13C as if the assessment to be made were an assessment under section 13B.

s 14B 25 Adoption of Children Act 1964 s 14B 14B Criminal histories to be disclosed (1) This section applies to each of the following persons— (a) a person who has applied, under section 13AA, to become an adoptive parent and to have the person’s name entered in an adoption list but who has not been assessed as a prospective adopter; (b) a person who expressed an interest in being assessed as suitable to be a prospective adopter; (c) a person who is a prospective adopter and whose name is in an adoption list or the assessment register. (1A) A person to whom this section applies must, if asked by the chief executive, disclose to the chief executive the person’s criminal history to the extent the chief executive considers is necessary to enable a proper assessment to be made of the person as a prospective adopter or under section 14. (2) For the purpose of making an assessment in respect of any person the chief executive may have regard to the criminal history (if any) of the person. (3) If the chief executive is of opinion that the criminal history of a person in respect of whom an assessment is being made shows— (a) in the case of a person whose name is in the expression of interest register—that the person is not a fit and proper person to become an adoptive parent; or (b) in the case of a person whose name is in an adoption list—that the welfare and interests of the child will not be promoted by making an adoption order in favour of that person; the chief executive may make the assessment on the basis of the criminal history alone. (4) The chief executive shall not be precluded from making an assessment in respect of any person on the basis of the person’s criminal history alone or on bases that include that of the person’s criminal history by reason that— (a) there has previously been made an assessment in respect of that person on the basis of the person’s criminal history alone; or

s 14C 26 Adoption of Children Act 1964 s 14C (b) an assessment of the person made on the basis of the person’s criminal history alone has been set aside by the tribunal on a review of the assessment. (5) The chief executive must destroy a person’s criminal history if the chief executive considers it is no longer necessary for this Act. 14C Procedure upon assessments under s 14 (1) The chief executive shall give written notification of an assessment made under section 14 to the person in respect of whom it was made or, in the case of an assessment made in respect of a married couple, to that couple and in the case of an assessment unfavourable to the person or married couple shall specify in the notification the grounds on which the assessment is based. (1A) However, if the chief executive has been requested not to specify any particular ground or grounds in a notification by— (a) in the case of a notification to a married couple—1 of them; or (b) in the case of a notification to 1 person only who is a spouse—that person or the other spouse; the chief executive is not required by this subsection to specify that ground or those grounds in the notification. (2) Every notification required by this section shall be given within 14 days after the assessment is made. (3) Where the chief executive has made an assessment pursuant to section 14 that is unfavourable to a person, the chief executive must— (a) subject to a review of the assessment by the tribunal; and (b) unless the chief executive decides to defer the making of the adoption order; cause the person’s name or, in the case of a married couple, both their names to be removed from the adoption list or assessment register in which the person’s name or persons’ names were entered.

s 14D 27 Adoption of Children Act 1964 s 16 14D Reviews by tribunal about adoption lists, expression of interest register, assessment register and assessments (1) This section applies if the chief executive— (a) makes a decision that is the ground for the removal of a person’s name from an adoption list, the expression of interest register or the assessment register, other than the removal of a person’s name from the expression of interest register under section 13D(4); 2 or (b) makes an assessment that— (i) a person is not of good repute or a fit and proper person to become an adoptive parent; or (ii) the interests and welfare of a child to be adopted will not be promoted by making an adoption order in favour of a person. (2) The person may apply, as provided under the QCAT Act, to the tribunal to have the decision or assessment reviewed. 15 Notice of intention to make adoption order The chief executive, before making an order for the adoption of a child, may give notice of the chief executive’s intention to make the order— (a) to any person (not being a person whose consent to the adoption of the child is required under section 19) with whom the child resides or who has the care or custody of the child; and (b) where it appears to the chief executive to be desirable so to do—to any other person. 16 Discharge of adoption orders (1) The chief executive may apply to the Supreme Court for an order discharging an order for the adoption of a child made 2 Section 13D(4) states— (4) If the chief executive enters a person’s name in the assessment register as a prospective adopter, the chief executive must remove the person’s name from the expression of interest register.

s 16 28 s 16 Adoption of Children Act 1964 under this Act or under the repealed Acts, and the court may make such an order if it is satisfied that— (a) the child has not attained the age of 18 years; and (b) the adoption order, or any consent for the purposes of the adoption order, was obtained by fraud, duress or other improper means, or that there is some other exceptional reason why, subject to the welfare and interests of the child, the adoption order should be discharged. (2) The court shall not make an order under this section if it appears to the court that the making of the order would be prejudicial to the welfare and interests of the child. (3) Where the court makes an order discharging an adoption order that was made in reliance upon a general consent given under this Act or under the repealed Acts, then, unless the court otherwise orders, the general consent remains in operation for the purposes of a further adoption of the child. (4) Where the court makes an order under this section, it may, at the same time or subsequently, make such consequential or ancillary orders as it thinks necessary in the interests of justice or the welfare and interests of the child, including orders relating to— (a) the name of the child; or (b) the ownership of property; or (c) the custody or guardianship of the child; or (d) the domicile of the child. (5) Upon the making of an order under this section discharging an order for the adoption of a child, but subject to any order made under subsection (4) of this section and section 28(2), the rights, privileges, duties, liabilities and relationships of the child and of all other persons shall be the same as if the adoption order had not been made, but without prejudice to— (a) anything lawfully done; or (b) the consequences of anything unlawfully done; or (c) any right or interest that became vested in any person; whilst the adoption order was in force.

s 17 29 s 17 Adoption of Children Act 1964 Division 2 Adoption lists, expression of interest register and assessment register 17 Keeping of adoption lists, expression of interest register and assessment register (1) The chief executive must, under this section, keep— (a) lists of the names of persons who are entitled, as prescribed, to have their names entered in an adoption list; and (b) registers of the names of persons who are entitled, as prescribed, to have their names entered in the expression of interest register or the assessment register. (2) An adoption list shall be kept in respect of each of the following classes— (a) applicants to become adoptive parents of special needs children; (b) applicants to become adoptive parents of children in respect of whom they are relatives. (3) For children other than children mentioned in subsection (2)(a) and (b)— (a) a register must be kept of persons who, under this Act, have expressed an interest in being assessed as suitable to be prospective adopters; and (b) a register must be kept of persons for whom there have been favourable assessments by the chief executive, under section 13B or 14, or by the tribunal on reviews, that the persons are of good repute and fit and proper persons to become adoptive parents. (4) The chief executive shall— (a) keep each adoption list in a form that indicates the order in which the applications by virtue of which names are to be included in the list were lodged with the chief executive; and

s 17 30 s 17 Adoption of Children Act 1964 (b) keep, for each adoption list and register, the particulars the chief executive considers necessary about each person whose name is entered in the list or register and a description of children that the person’s application or expression of interest relates to. (5) If— (a) a person makes an application under section 13AA; and (b) the person’s name is or, within 1 month before the date of the application, was included in a similar list (the interstate list ) kept by a person approved for the purposes of the law of another State or a Territory of the Commonwealth; the application is taken to be an application made to the chief executive on the day certified, in writing, by the person having custody of the interstate list to be the day on which the person’s application to be included in the interstate list was received or was treated, under the interstate law, as having been received. (6) If— (a) a person expresses interest in being assessed as suitable to be a prospective adopter even though the person’s expression of interest is not in response to an invitation; and (b) the person’s name is or, within 1 month before the date of the expression of interest, was included in a similar register, kept by a person approved for the purposes of the law of another State or a Territory of the Commonwealth; the expression of interest is taken to be an expression of interest received by the chief executive in response to an invitation with a closure day that is the day after the day on which the chief executive received the expression of interest. (7) In this Act— (a) the list of applicants mentioned in subsection (2)(a) is the Special Needs Children’s Adoption List ; and (b) the list of applicants mentioned in subsection (2)(b) is the Relative Children’s Adoption List ; and

s 18 31 s 18 Adoption of Children Act 1964 (c) the register of persons mentioned in subsection (3)(a) is the expression of interest register ; and (d) the register of persons mentioned in subsection (3)(b) is the assessment register . 18 Matters to be considered if general consent given, or dispensed with, for adoption of child other than a special needs child (1) In making arrangements with a view to the adoption of a child in respect of whom a general consent has been given or dispensed with and who is not a special needs child and, in particular, in determining which prospective adopter or prospective adopters the chief executive will approve in the case of such a child the chief executive shall have regard to— (a) the needs of the child that are known to the chief executive at the time of making the arrangements; and (b) the characteristics of the prospective adopters; and (c) expressed preferences of the child’s parent or guardian; and (d) other matters the chief executive considers, on reasonable grounds, relevant. (2) In having regard to the child’s needs, the chief executive must consider— (a) the child’s age and gender; and (b) the child’s indigenous or cultural background; and (c) the child’s medical needs, including, for example, known medical conditions, disabilities or potential future health conditions or disabilities; and (d) the educational needs of the child; and (e) the principle that the child should ordinarily be the youngest child in the adoptive family at the time of the adoption order. (3) In having regard to the characteristics of the prospective adopters, the chief executive must consider—

s 18 32 s 18 Adoption of Children Act 1964 (a) the age and gender of a child the prospective adopters have been assessed as having the capacity to parent; and (b) whether the prospective adopters have been assessed as having the capacity to parent children who are siblings; and (c) the prospective adopters’ religion, if any; and (d) the prospective adopters’ indigenous or cultural background; and (e) whether the prospective adopters are willing and have been assessed as having the capacity— (i) to parent a child with known medical conditions, disabilities or potential future health conditions or disabilities; and (ii) to parent a child from a particular social background; and (iii) to participate in exchanging non-identifying correspondence, through the department, with the child’s birth family after an adoption order has been made; and (f) the age of other children in the prospective adopters’ family. (4) In having regard to the expressed preferences of a parent or guardian, particularly preferences stated in the instrument of consent to the adoption of the child, the chief executive must consider— (a) the child’s religious upbringing; and (b) characteristics of prospective adopters and adoptive family composition; and (c) the parent’s or guardian’s wishes to participate in the voluntary exchange of non-identifying correspondence through the department; and (d) specific preferences the chief executive considers, on reasonable grounds, promote the child’s welfare and best interests.

s 18A 33 Adoption of Children Act 1964 s 18B (5) In this section— prospective adopters includes a sole prospective adopter. 18A Placement of children with indigenous or ethnic backgrounds In making arrangements with a view to the adoption of a child in respect of whom a general consent has been given or dispensed with and, in particular, in determining which prospective adopter or prospective adopters the chief executive will approve in the case of such a child the chief executive shall have regard to the indigenous or ethnic background and cultural background of the child and shall approve a prospective adopter who, or prospective adopters 1 of whom, has a similar indigenous or ethnic background and cultural background, unless— (a) it appears to the chief executive that such a prospective adopter or prospective adopters is not or are not available and can not reasonably be expected to become available promptly; or (b) in the chief executive’s opinion, the welfare and interests of the child would not be best served by so doing. Division 2A Intercountry adoptions 18AA Definition of application for div 2A In this division— application includes an expression of interest to be assessed as suitable to be a prospective adopter in response to an invitation. 18B Operation of pt 3 not limited To remove doubt, it is declared that this division does not limit the operation of another provision in this part, including, in particular, section 10.

s 18C 34 Adoption of Children Act 1964 s 18D 18C Adoption of a child from Queensland by a person habitually resident in a convention country (1) This section applies to an application under this Act, by a person who is habitually resident in a convention country, to adopt a child who is habitually resident in Queensland. (2) The chief executive may make an order for the adoption of the child by the applicant only if, at the time of the order— (a) the child is not prevented from leaving Australia— (i) under a law of the Commonwealth or a State; or (ii) by an order of a court of the Commonwealth or a State; and (b) the chief executive is satisfied that— (i) arrangements for the adoption have been made under the Hague convention and the law of the convention country; and (ii) the central authority of the convention country has agreed to the adoption; and (iii) the child is not prevented by a law of the convention country from residing permanently in that country. 18D Adoption of a child from a convention country by a person habitually resident in Queensland (1) This section applies to an application under this Act, by a person who is habitually resident in Queensland, to adopt a child who is habitually resident in a convention country. (2) The chief executive may make an order for the adoption of the child by the applicant only if, at the time of the order— (a) the child is not prevented from residing permanently in Australia— (i) under a law of the Commonwealth or a State; or (ii) by an order of a court of the Commonwealth or a State; and (b) the chief executive is satisfied that—

s 19 35 s 19 Adoption of Children Act 1964 (i) arrangements for the adoption have been made under the Hague convention and the law of the convention country; and (ii) the central authority of the convention country has agreed to the adoption. Division 3 Consents to adoptions 19 Consents of parents and guardians required to adoptions (1) Subject to this division, the chief executive shall not make an order for the adoption of a child unless consent (not being a consent that has been revoked) to the adoption has been given by the appropriate person or persons ascertained in accordance with the succeeding provisions of this section, or the chief executive is satisfied that there is no such appropriate person. (2) In the case of a child who has not previously been adopted, the appropriate persons are every person who is a parent or guardian of the child. (4) In the case of a child who has previously been adopted, the appropriate persons are every person who is an adoptive parent or guardian of the child. (5) The consent of a person under this section is not required if that person is the applicant, or 1 of the applicants, for the adoption order. (6) In the case of a child who is a non-citizen child, the appropriate person is the person who, under the Immigration (Guardianship of Children) Act 1946 (Cwlth), is the guardian of the child or, where the guardian has under that Act delegated the guardian’s powers and functions as guardian to another person, that other person. (7) Despite section 23, if, under the Child Protection Act 1999 , the chief executive for child protection has custody or guardianship of a child, it is not necessary for that chief executive’s consent to the child’s adoption to be evidenced by an instrument of consent.

s 20 36 s 21 Adoption of Children Act 1964 20 Giving of consents (1) Subject to this section, a consent for the purposes of section 19 shall be expressed as a consent to the adoption of the child by any prospective adopter. (2) Where an applicant to become an adoptive parent or, in the case of applicants who are a married couple, at least 1 of them is a relative of the child, a consent for the purposes of section 19 may be a consent to the adoption of the child by the applicant or applicants only. (3) If the chief executive for child protection has custody or guardianship of the child under a child protection order under the Child Protection Act 1999 , a consent for the purposes of section 19 may be a consent to the adoption of the child by a particular person or particular persons (being a married couple) only. 21 Consents given under law of another State or of a Territory of the Commonwealth Where— (a) a person whose consent to the adoption of a child is required by section 19 has, in accordance with the law of another State or of a Territory of the Commonwealth, duly signed an instrument of consent to the adoption of the child by any person approved by or on behalf of the officer empowered in that other State or in that Territory to approve persons as fit and proper persons to adopt children; and (b) that officer, or a person acting on the officer’s behalf, has, by writing under his or her hand, authorised the chief executive to make arrangements for the adoption of the child in Queensland; and (c) the consent evidenced by the instrument of consent has not been revoked in accordance with the law of that other State or of that Territory; that instrument of consent shall, for the purposes of this Act, be deemed to be an instrument executed in accordance with this division evidencing a subsisting consent, in accordance with section 19(1), to the adoption of the child.

s 22 37 s 24 Adoption of Children Act 1964 22 Revocation of consents (1) A consent to the adoption of a child given for the purposes of this Act or the repealed Acts by a person other than the child may be revoked by notice in writing served on the chief executive before— (a) the expiration of 30 days from the date on which the instrument of consent was signed; or (b) the day on which an order for the adoption of the child is made; whichever is the earlier, but may not otherwise be revoked. (2) Service of a notice on the chief executive under subsection (1) shall be effected by delivering it to the chief executive personally or by sending it to the chief executive by registered post at such address as is prescribed. 23 Form of consents (1) Subject to this section, a consent for the purposes of the preceding provisions of this division shall be evidenced by an instrument of consent substantially in accordance with the prescribed form signed by the person giving the consent and attested as prescribed. (2) A consent referred to in section 20(2) or (3) has no force or effect unless it is attested by the chief executive or a person authorised in writing by the chief executive to attest that consent or generally to attest such consents. 24 Defective consents (1) The chief executive shall not make an adoption order in reliance on a consent given or purporting to have been given by a person (other than the child) if it appears to the chief executive that— (a) the consent was not given in accordance with this Act, or (where applicable) the repealed Acts; or (b) the consent was obtained by fraud, duress, or other improper means; or

s 25 38 s 25 Adoption of Children Act 1964 (c) the consent was revoked at a time when it had not become irrevocable; or (d) the instrument of consent has been altered in a material particular without authority; or (e) the person giving or purporting to give the consent was not, on the date of the instrument of consent, in a fit condition to give the consent or did not understand the nature of the consent; or (f) in the case of the consent of a mother to the adoption of her child—the instrument of consent was signed before the birth of the child. (2) The chief executive shall not make an adoption order in reliance on an instrument of consent signed by the mother of the child within 5 days after the birth of the child unless the chief executive is satisfied, on the certificate of a medical practitioner or on other adequate evidence, that, at the time the instrument was signed, the mother was in a fit condition to give the consent. (3) For the purposes of subsection (2), the chief executive, if satisfied that no medical practitioner was readily available to certify as aforesaid, may be satisfied as to the fit condition of the mother to give the consent as required by that subsection upon the production to the chief executive of a certificate of a person registered as a nurse under the Nursing Act 1992 , certifying that, at the time when the instrument of consent was signed by the mother of the child, the mother was in a fit condition to give the consent. 25 Court may dispense with consents (1) The Supreme Court or the Childrens Court may on the application of— (a) the chief executive; or (b) a married couple that has duly made and lodged with the chief executive an application to become adoptive parents of a child of whom each of them is either a parent or a relative; or

s 25 39 s 25 Adoption of Children Act 1964 (c) a person who has duly made and lodged with the chief executive an application to become an adoptive parent of a child of whom the person is a relative; by order, dispense with the consent of any person, other than the child where the child’s consent is necessary, to the adoption of a child where the court is satisfied— (d) that the person can not, after reasonable inquiry, be found; or (e) that the person is in such a physical or mental condition as not to be capable of properly considering the question whether the person should give his or her consent; or (f) that the person has abandoned, deserted or persistently neglected or ill-treated the child; or (g) that the person has, for a period of not less than 1 year, failed, without reasonable cause, to discharge the obligations of a parent or guardian, as the case may be, of the child; or (h) that the person has failed to reasonably plan for resumption of care of the child whereby integration of the child in the child’s family is unlikely in the foreseeable future; or (i) that there are any other special circumstances that in the court’s opinion make it desirable that an order be made; and is satisfied that the welfare and interests of the child will be promoted if the order is made. (1A) Where an application is made to the court under subsection (1) by any person or persons other than the chief executive a copy of the application shall be served 21 days at the least before the date fixed for the hearing of the application on the chief executive who shall be entitled to intervene in and become a party to the proceedings. (2) In order to facilitate the making of arrangements by the chief executive with a view to the adoption of a child, the court may, on the application of the chief executive, make an order under this section dispensing with the consent of a person whose consent is required to the adoption of the child, and any

s 25A 40 Adoption of Children Act 1964 s 25A such order under this section has effect for the purposes of any adoption order that may subsequently be made under this Act. (2A) Where an order is sought under this section before the chief executive has made an assessment of a person under section 13B that the chief executive considers necessary, the court may cause the chief executive to be notified that it is prepared to make the order sought subject to— (a) the chief executive or tribunal making an assessment under section 13B of any person or persons to become an adoptive parent or adoptive parents of the child in question; and (b) that assessment being favourable to the person or persons; and refrain from making the order sought until such an assessment is made. (3) An order made under subsection (2) may, on the application of the chief executive or the person whose consent was dispensed with, be revoked— (a) in the case of an order made by the Supreme Court—by that court; or (b) in the case of an order made by the Childrens Court—by that court or the Supreme Court; at any time before the making of an adoption order in respect of the child to whom the court order relates. 25A Consent not required in certain circumstances Subject to section 26, where— (a) the chief executive proposes to make an adoption order and is satisfied that the child in respect of whom the order is to be made— (i) has not attained the age of 18 years; and (ii) entered Australia as a non-citizen child; and (b) the child has been in the care of the persons in whose favour the adoption order is proposed to be made for at least 12 months; and

s 26 41 s 26A Adoption of Children Act 1964 (c) the chief executive considers that the making of the adoption order in favour of those persons would be in the best interests of the child; no consent to the adoption is required. 26 Consent of child (1) Subject to this division, an order for the adoption of a child who has attained the age of 12 years shall not be made unless the child has consented to the adoption. (2) However, the Supreme Court or the Childrens Court may, on the application of the chief executive, where the court is satisfied that there are special reasons, related to the welfare and interests of the child, why an order of adoption of the child should be made, notwithstanding that the child has refused to consent to the adoption or that the child’s consent has not been sought, by order, dispense with the consent of the child. 26A Provisions concerning court’s jurisdiction—appeals (1) When a proceeding for the purposes of section 25 or 26 has been commenced in the Childrens Court, any party to the proceeding or any person likely to be affected by any order made in the proceeding may make application to the Supreme Court for an order that the proceeding be removed into the Supreme Court and, if the order is made, the proceeding shall be thereupon removed from the jurisdiction of the Childrens Court accordingly. (1A) Upon such an application the Supreme Court may make or refuse to make the order sought and may make such order as to costs as it thinks fit. (2) If the magistrate constituting the Childrens Court to which an application is made pursuant to section 25 or 26 considers that the application should more properly or could more conveniently be determined by the Supreme Court, the magistrate shall refrain from dealing with the application. (2A) An appeal shall not lie from such a decision.

s 27 42 s 27 Adoption of Children Act 1964 (3) Any person who feels aggrieved by an order of the Childrens Court made under section 25 or 26 or a refusal by the Childrens Court to make an order under section 25 or 26 (otherwise than pursuant to subsection (2)) may, notwithstanding the provisions of the District Court of Queensland Act 1967 , appeal to a judge of the Supreme Court. (4) Every such appeal shall be by way of rehearing. (5) In respect of every such appeal and every order made therein the provisions of the Justices Act 1886, part 9, division 1, other than the provisions of section 222(1), (1A) and (3), apply with all necessary adaptations. 27 Guardianship of child awaiting adoption (1) Upon the chief executive, himself or herself or by the chief executive’s duly authorised officer, signifying that the chief executive accepts guardianship of a child in respect of whom the consents required by section 19 to the child’s adoption have been given or dispensed with or upon the expiration of 30 days from the date the chief executive or, as the case may be, the duly authorised officer receives such consents or notification that such consents have been dispensed with, whichever event first occurs, the chief executive shall be the guardian of the child for all purposes, other than the purposes of section 19, to the exclusion of all other persons until— (a) an adoption order is made in respect of the child; or (b) where such consents are given, any such consent is lawfully revoked; or (c) another person becomes guardian pursuant to section 27A; or (d) a court of competent jurisdiction, by order, makes other provision for the guardianship of the child. (2) The chief executive, himself or herself or by the chief executive’s duly authorised officer, may in writing release to a child’s natural parents or 1 of them a child awaiting adoption. (2A) Upon a release to a child’s natural parents or 1 of them of a child awaiting adoption all consents given by the natural

s 27A 43 Adoption of Children Act 1964 s 27A parents to the adoption of the child shall be deemed to be thereby lawfully revoked and the guardianship of the child, if it theretofore was in the chief executive, shall thereby pass to the persons or person to whom the child is released. (3) Subsection (1) does not apply— (a) to a child in the custody or under the guardianship of the chief executive for child protection under a child protection order under the Child Protection Act 1999 ; or (b) to a child in respect of whom the chief executive has, within the period of 30 days referred to in that subsection, declined in writing to accept guardianship. (4) Where the chief executive becomes guardian of a child pursuant to this section the chief executive may extend to and in respect of the child such benefits as the chief executive might have extended to or in respect of the child if the child were in the custody or under the guardianship of the chief executive for child protection under a child protection order under the Child Protection Act 1999. 27A Register of children for adoption (1) Where the chief executive has become guardian of a child pursuant to section 27 or is guardian of a child in respect of whom all consents (other than the chief executive’s) necessary to the child’s adoption have been given or dispensed with, except a child in respect of whom the consents necessary to the child’s adoption have been given or dispensed with in relation to the child’s adoption by a person who is a relative of the child, the chief executive shall forthwith cause the child’s name to be entered in a register, and shall keep, either in or in connection with the register, such particulars of the child as the chief executive thinks fit. (2) The register shall be kept in a form that indicates the order in which each child named therein became a child whose name is required to be entered in the register. (3) If an adoption order has not been made in respect of a child named in the register within 3 months after the child became a child whose name is required to be entered in the register the chief executive shall as soon as is practicable notify that fact

s 27A 44 Adoption of Children Act 1964 s 27A to each person who gave consent to the adoption of the child, unless— (a) that person has advised the chief executive that he or she does not desire, or that he or she no longer desires, as the case may be, such notification; or (b) the whereabouts of that person is unknown to the chief executive after reasonable inquiries have been made. (4) The chief executive may, in writing, declare a child named in the register to be a special needs child where— (a) an adoption order has not been made in respect of that child within 4 months after the child becomes a child whose name is required to be entered in the register; or (b) at any time, the chief executive is of the opinion that because of the special needs of that child there is little prospect of the child being adopted without considering as a prospective adopter or prospective adopters either a person or persons whose name or names is or are in the adoption list referred to in section 17(2)(a) or a person or persons who may wish to apply to adopt the child. (5) The chief executive shall regularly review the circumstances of each special needs child with a view to securing for the child a permanent placement within a family environment and promoting the welfare and interests of the child. (6) When the chief executive is no longer guardian of a child named in the register the name and any other particulars of the child in the register shall be deleted. (7) This section applies in respect of children within the application of subsection (1) who have come into the guardianship of the chief executive before the commencement of section 21 of the Adoption of Children Act Amendment Act 1983 3 as well as in respect of children who come into the chief executive’s guardianship after the commencement of that section but in respect of such of the first mentioned children who have been in the chief executive’s guardianship for longer than 3 months at the commencement of that section it 3 Adoption of Children Act Amendment Act 1983 , section 21 commenced 27 June 1988 (proc pubd gaz 21 May 1988 p 558).

s 27B 45 Adoption of Children Act 1964 s 27B shall not be obligatory on the chief executive to comply with subsection (3). 27B Renunciation of guardianship of child to be adopted in another State or Territory (1) Where the chief executive, being guardian of a child pursuant to section 27(1), receives from an officer in another State or in a Territory of the Commonwealth whose powers, functions and duties correspond to those of the chief executive under this Act a notice that application has been or is to be made in that other State or Territory for the adoption of the child and a request that the chief executive renounce the chief executive’s guardianship of the child, the chief executive may, if all consents to the adoption of the child obtained to comply with this Act have become irrevocable and if the chief executive thinks it to be in the best interests of the child so to do, by instrument in writing signed by the chief executive renounce the chief executive’s guardianship of the child. (2) Forthwith after signing an instrument of renunciation under subsection (1) the chief executive shall send the instrument by registered post to such officer in the other State or Territory concerned together with all consents to the adoption of the child obtained to comply with this Act and held by the chief executive, and upon receipt thereof by such officer the chief executive shall cease to be guardian of the child. (3) If the chief executive wishes to make an adoption order relating to a child of whom the guardian is an officer in another State or in a Territory of the Commonwealth pursuant to a law of that State or Territory that corresponds to section 27, whose powers, functions and duties correspond to those of the chief executive under this Act, the chief executive may notify such officer thereof and request such officer in writing to renounce the officer’s guardianship of the child and to send to the chief executive for use in connection with the adoption all consents to the adoption of the child obtained to comply with a law of that State or Territory that corresponds to this Act and held by such officer. (4) Upon receiving from such officer an instrument of renunciation of guardianship of the child referred to in subsection (3) together with all consents to the adoption of the

s 27C 46 Adoption of Children Act 1964 s 28 child obtained to comply with a law of the State or Territory concerned that corresponds to this Act and held by such officer, the chief executive shall become and be the guardian of the child in all respects (other than as respects the date of commencement of the guardianship) as if such consents had been obtained to comply with this Act and had been duly executed in Queensland on the dates on which they respectively purport to have been signed and attested in that other State or Territory. 27C Chief executive may enter into arrangements When so requested under the Immigration (Guardianship of Children) Act 1946 (Cwlth) the chief executive may enter into arrangements with the appropriate Commonwealth Minister whereby the guardianship of a non-citizen child who arrives in Australia for the purpose of adoption is transferred to the chief executive. Division 4 Effect of adoption orders 28 General effect of adoption orders (1) For the purposes of the laws of Queensland but subject to this Act and to the provisions of any other Act that expressly distinguishes in any way between adopted children and children other than adopted children, upon the making of an adoption order— (a) the adopted child becomes a child of the adopter or adopters, and the adopter or adopters become the parent or parents of the child, as if the child had been born to the adopter or adopters in lawful wedlock; and (b) the adopted child ceases to be a child of any person who was a parent (whether natural or adoptive) of the child before the making of the adoption order, and any such person ceases to be a parent of the child; and (c) the relationship to one another of all persons (including the adopted child and an adoptive parent or former parent of the adopted child) shall be determined on the

s 29 47 s 29 Adoption of Children Act 1964 basis of the foregoing provisions of this subsection so far as they are relevant; and (d) any guardianship of the adopted child ceases to have effect; and (e) any previous adoption of the child (whether effected under the law of Queensland or otherwise) ceases to have effect. (1A) Notwithstanding subsection (1), where a child is adopted by a person who is the spouse of a parent (whether natural or adoptive) of the child whether adopted by that person or jointly by that person and that parent— (a) the child does not cease to be a child of that parent and that parent does not cease to be a parent of the child; and (b) the relationship between the child and that parent is not determined; and (c) if that parent was the guardian of the child—the adoption order does not have the effect of terminating such guardianship; and (d) if the child was the adopted child of that parent—the adoption order does not have the effect of terminating such adoption. (2) Notwithstanding subsection (1), for the purposes of any law relating to a sexual offence, being a law for the purposes of which the relationship between persons is relevant, an adoption order, or the discharge of an adoption order, does not cause the cessation of any relationship that would have existed if the adoption order, or the discharging order, as the case may be, had not been made, and any such relationship shall be deemed to exist in addition to any relationship that exists by virtue of the application of that subsection in relation to that adoption order or by virtue of the discharge of that adoption order. 29 Effect of orders as regards dispositions of property etc. (1) The provisions of section 28(1) have effect in relation to dispositions of property whether by will or otherwise, and whether made before or after the commencement of this Act,

s 29 48 s 29 Adoption of Children Act 1964 and to devolutions of property in respect of which a person dies intestate after the commencement of this Act, except that— (a) those provisions do not affect a disposition of property by a person who, or by persons any of whom, died before the commencement of this Act; and (b) those provisions do not affect a disposition of property that has taken effect in possession before the commencement of this Act. (2) The provisions of section 28(1) do not apply in relation to an agreement or instrument (not being a disposition of property) made or executed before the commencement of this Act. (3) Where— (a) before the commencement of this Act, a person made, by an instrument other than a will, a disposition of property; and (b) the disposition had not taken effect in possession before the commencement of this Act; and (c) it did not appear from the instrument that it was the intention of that person to include adopted children as objects of the disposition; that person may, notwithstanding that the instrument could not, apart from this subsection, be revoked or varied, by a like instrument vary the first mentioned instrument to exclude adopted children (whether adopted under this Act or otherwise) from participation in any right, benefit or privilege under the instrument. (4) In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this Act, and to a devolution of property arising upon the death of a person who in respect of that property died intestate before such commencement, an adoption order made under this Act has effect as if the repealed Acts had not been repealed and the adoption order had been made under the repealed Acts. (5) Nothing in section 28 or in this section affects the operation of any provision in a will or other instrument (whether made or coming into operation before or after the commencement of

s 29A 49 Adoption of Children Act 1964 s 29A this Act) distinguishing between adopted children and children other than adopted children. 29A Bequest by will to unascertained adopted persons (1) Where, under a will made after the commencement of this section— (a) a disposition of property is expressed to be made by the testator to a person who is described as child of the testator or of a spouse, parent, child, brother or sister of the testator; and (b) the child was described in the will as having been adopted by another person; and (c) the personal representative of the testator is unable to ascertain the name and address of the adopted person; the personal representative shall give to the public trustee a copy of the will and a statement that the personal representative is unable to ascertain the name and address of the adopted person. (2) Where the public trustee is given a copy of a will under subsection (1), the public trustee shall, by notice in writing given to the chief executive, request the chief executive to make arrangements for ascertaining, and giving to the public trustee, the name, and address of the adopted person. (3) Where the chief executive receives a request under subsection (2), the chief executive shall cause such reasonable inquiries to be made of records in the chief executive’s possession as will show the name and enable the address or, if the adopted person has died, the date of the death, of the adopted person to be ascertained or, if it appears that the information can not be obtained from inquiries of those records, seek to obtain the information from the registrar general. (4) If the chief executive ascertains the name of the adopted person, the chief executive shall take such steps as are reasonably practicable to ascertain the address or, if the adopted person has died, the date of death of the adopted person and shall inform the public trustee of that name and address or date.

s 30 50 s 30 Adoption of Children Act 1964 (5) If the chief executive is unable to ascertain the name of the adopted person, the chief executive shall so inform the public trustee. (6) After receiving information from the chief executive under this section, the public trustee shall give notice in writing to the personal representative of the testator stating whether or not the name and address of the adopted person has been ascertained or, if the adopted person has died, the date of death of the adopted person. (7) Unless the adopted person predeceased the testator or, for any other reason known to the personal representative, is not entitled to an interest under the will, the public trustee is hereby declared to be a trustee for the adopted person on the trusts specified in, or arising under, the will and, if the personal representative transfers the property to the public trustee as trustee for the adopted person, the personal representative shall be deemed to have transferred the property to the adopted person. (8) Where the public trustee— (a) is, under subsection (7), a trustee for an adopted person who is a beneficiary under a will; and (b) gives the personal representative of the testator under that will a statement in writing to the effect that the adopted person has disclaimed the property to which the adopted person was entitled under that will; that statement is, for the purposes of the administration of the estate by the personal representative, conclusive evidence that the adopted person has disclaimed the property. 30 Names of adopted child (1) Subject to subsection (2), upon the making of an adoption order, the adopted child shall have as the adopted child’s surname the surname of the adopter or adopters and shall have as the adopted child’s first name or christian name or names such name or names as the chief executive, in the adoption order, approves on the application of the adopter or adopters. (2) Where, before the making of the adoption order, the adopted child has been generally known by a particular surname, the

s 32 51 s 33 Adoption of Children Act 1964 chief executive may, in the adoption order, order that the child shall have that name as the adopted child’s surname. (3) Nothing in this section prevents the changing of any name of an adopted child, after the making of the adoption order, in accordance with any other Act or law. 32 Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given (1) Notwithstanding any other provision of this Act, trustees or personal representatives may, subject to this section, convey, transfer or distribute real or personal property to or among the persons appearing to be entitled to the property without having ascertained whether or not an adoption has been effected by virtue of which a person is or is not entitled to an interest in the property. (2) A trustee or personal representative conveying, transferring or distributing real or personal property in the manner referred to in subsection (1) of this section shall not be liable to a person claiming directly or indirectly by virtue of an adoption unless the trustee or personal representative has notice of the claim before the time of the conveyance, transfer or distribution. (3) Nothing in this section prejudices the right of a person to follow property into the hands of a person, other than a purchaser for value, who has received it. Division 5 Interim orders 33 Making of interim orders (1) Notwithstanding that the chief executive has made assessments under this Act that are favourable to any prospective adopter or prospective adopters the chief executive may, instead of making an adoption order, make an interim order for the custody of the child in favour of the prospective adopter or prospective adopters.

s 34 52 s 35 Adoption of Children Act 1964 (2) An interim order may be subject to such terms and conditions relating to the maintenance, education and welfare of the child as the chief executive thinks fit. (3) The chief executive shall not make an interim order in respect of a child in favour of any person or persons unless the chief executive could lawfully make an order for the adoption of that child by that person or those persons. (4) While an interim order remains in force in respect of a child, the person or persons in whose favour the order is made is or are entitled to the care and custody of the child. 34 Duration of interim orders (1) Subject to this division, an interim order remains in force for such period, not exceeding 1 year, as the chief executive specifies in the order and for such further periods (if any) as the chief executive may from time to time order. (2) An interim order shall not be in force for periods exceeding in the aggregate 2 years. 34A Effect of interim orders on child protection orders (1) If an interim order is made for a child for whom a child protection order is in force, the child protection order does not have effect while the interim order is in force. (2) In this section— child protection order , for a child, means a child protection order under the Child Protection Act 1999 granting the chief executive for child protection custody or guardianship of the child. 35 Discharge of interim orders An interim order, whether under this Act or the repealed Acts, ceases to have effect upon the making of an order for the adoption of that child, whether made in Queensland or in another State or in a Territory of the Commonwealth or in New Zealand.

s 36 53 s 36B Adoption of Children Act 1964 Part 3A Tribunal proceedings Division 1 Preliminary 36 Application of pt 3A This part applies to a proceeding before the tribunal that relates to the adoption of children. 36A Definitions for pt 3A In this part— president means the president under the QCAT Act. registrar means the principal registrar under the QCAT Act. review application means an application made, as provided under the QCAT Act, for review of a reviewable decision by the tribunal. separate representative see section 36H(2). support person means a person allowed by the tribunal under the QCAT Act, section 91 to attend a hearing for the purpose of supporting a party or witness. 36B Object of pt 3A The object of this part is to provide for the tribunal— (a) to make decisions, in a review about the eligibility or suitability of a prospective adoptive parent, that promote the welfare and interests of children who may be adopted by them; and (b) to conduct proceedings in a way that uses adversarial and inquisitorial procedures, as appropriate, to arrive at the best possible decision in the circumstances; and (c) to foster an atmosphere of review that enhances the delivery of adoption services to children.

s 36C 54 Adoption of Children Act 1964 s 36E 36C Principles for tribunal in matters relating to this Act When exercising its jurisdiction, functions or powers in relation to this Act, the tribunal must have regard to the principle mentioned in section 10. Division 2 Notice of proceedings 36D Government entity may nominate decision-maker The department may give the registrar a notice nominating an officer or employee of the department, or the holder for the time being of an office in the department, as the decision-maker for an assessment or decision to be reviewed by the tribunal. Division 3 Tribunal proceedings 36E Constitution of tribunal (1) The tribunal must be constituted by 3 members with at least 1 legally qualified member. (2) However, if the tribunal is constituted for a compulsory conference, the tribunal may be constituted by only 2 members, with at least 1 legally qualified member. (3) If a child to which a proceeding before the tribunal relates is Aboriginal or Torres Strait Islander, the tribunal hearing the proceeding must include, if practicable, a member who is Aboriginal or Torres Strait Islander. (4) The president may choose a member to constitute the tribunal for a proceeding before the tribunal only if the president considers the member— (a) is committed to the principle mentioned in section 10; and (b) has extensive professional knowledge and experience of children; and

s 36F 55 Adoption of Children Act 1964 s 36F (c) has demonstrated a knowledge of and has experience in 1 or more of the fields of administrative review, child care, child protection, child welfare, community services, education, health, indigenous affairs, law, psychology or social work. (5) A member is ineligible to be a constituting member for a review of a reviewable decision if— (a) the member’s name is in the expression of interest register, the assessment register or an adoption list; or (b) a decision or assessment mentioned in section 14D(1) has been made in relation to the member (whether or not the member has applied to the tribunal to have the decision or assessment reviewed). (6) In this section— legally qualified member has the meaning given by the QCAT Act. member has the meaning given by the QCAT Act. 36F Hearing must usually be held in private (1) A hearing of a proceeding before the tribunal to which this part applies must be held in private. (2) However, the following are entitled to be present at the proceeding— (a) each party to the proceeding; (b) if, under an Act, a party is entitled to be represented by someone else at the proceeding, the party’s representative; (c) a separate representative representing a child in the proceeding; (d) a witness while giving evidence; (e) a support person for a witness, while the witness is giving evidence; (f) a person allowed to be present by the tribunal.

s 36G 56 Adoption of Children Act 1964 s 36H (3) This section is subject to section 36M(3) and the QCAT Act, section 220. Editor’s note — QCAT Act, section 220 (Tribunal may exclude person) Division 4 Children in tribunal proceedings 36G Requirements about ensuring proper understanding of tribunal proceedings In addition to the QCAT Act, section 29 the tribunal must take all reasonable steps to ensure each child taking part in a proceeding before the tribunal understands the tribunal’s procedures. 36H Separate representation of children (1) This section applies if a proceeding before the tribunal is about the suitability of a person to be an adoptive parent of a particular child. (2) The tribunal must consider whether it would be in the child’s best interests for the child to be separately represented before the tribunal by a lawyer (a separate representative ). (3) If the tribunal considers it would be in the child’s best interests for the child to be separately represented before the tribunal by a lawyer, the tribunal must order that the child be represented by a separate representative. (4) A separate representative may represent more than 1 child in the same proceeding before the tribunal. (5) A separate representative must— (a) act in the child’s best interests having regard to any expressed views or wishes of the child; and (b) as far as possible, present the child’s views and wishes to the tribunal. (6) For the QCAT Act, a separate representative has the same rights and obligations as a party to the review.

s 36I 57 Adoption of Children Act 1964 s 36K 36I Children must not be compelled to give evidence (1) A child must not be compelled to give evidence in a proceeding before the tribunal. (2) Without limiting subsection (1), the tribunal may not require a child to do either of the following under the QCAT Act, section 97(1)— (a) attend a hearing of a proceeding to give evidence; (b) produce a stated document or other thing to the tribunal. (3) Before a child gives evidence in a proceeding before the tribunal, the tribunal must satisfy itself that the child is willing to give the evidence. 36J Child’s right to express views to tribunal (1) This section applies if a proceeding before the tribunal is about the suitability of a person to be an adoptive parent of a particular child. (2) Whether or not the child appears as a witness before the tribunal, the child has the right to express his or her views to the tribunal about matters relevant to the review. 36K Children giving evidence or expressing views to tribunal (1) This section applies if a child is giving evidence or expressing the child’s views to the tribunal. (2) Only the following persons may be present while the child gives evidence or expresses the child’s views— (a) the constituting members; (b) the lawyer, if any, representing the child; (c) the separate representative, if any, for the child; (d) the child’s support person if the child has a support person and agrees to that person’s presence. (3) Despite subsection (2), the child may elect to give evidence or express the child’s views in the presence of the parties and their representatives if the child—

s 36L 58 Adoption of Children Act 1964 s 36M (a) is 12 years or more; and (b) is represented by a lawyer or a separate representative. 36L Questioning of children (1) A child giving evidence or expressing the child’s views in a proceeding before the tribunal must not be cross-examined. (2) Also, only the following persons may ask questions of a child giving evidence or expressing the child’s views in a proceeding— (a) the constituting members; (b) the lawyer, if any, representing the child; (c) the separate representative, if any, for the child. Division 5 Confidentiality 36M Confidentiality order (1) The tribunal may, by order (a confidentiality order ), prohibit or restrict the disclosure to a party to a proceeding before the tribunal all or some of the evidence given before the tribunal, or of the whole or part of the contents of a document given to, or received in evidence by, the tribunal for the review. (2) Subsection (3) applies for the purpose of the tribunal— (a) deciding whether to make a confidentiality order; or (b) giving effect to a confidentiality order. (3) The tribunal may— (a) exclude a party, and any representative of the party, from part of the proceeding before the tribunal; or (b) deal with a document in a way that ensures it is not disclosed to a party. (4) The tribunal may make a confidentiality order only if it is satisfied that if it does not do so— (a) a child is likely to be harmed; or

s 36N 59 Adoption of Children Act 1964 s 36P (b) the safety of another person is likely to be endangered; or (c) there would be undue interference with the privacy of a child or another person. (5) The tribunal may act under subsection (1) on its own initiative or on application by a party to the proceeding before the tribunal. (6) A confidentiality order does not act to prohibit or limit the disclosure of material to a separate representative in a proceeding before the tribunal. 36N Limited access to tribunal’s register of proceedings (1) This section applies to the register of proceedings kept by the principal registrar under the QCAT Act, section 229(1). (2) Despite the QCAT Act, section 229(2) the principal registrar must ensure that part of the register which relates to proceedings before the tribunal to which this part applies is not available for inspection by the public. (3) The QCAT Act, section 229(4) does not apply to that part of the register which relates to proceedings before the tribunal to which this part applies. 36O Limited access to tribunal’s record of proceedings (1) This section applies to a record kept under the QCAT Act, section 230 for a proceeding before the tribunal to which this part applies. (2) Despite the QCAT Act, section 230(3) a person who is not a party to the proceeding may not inspect, or obtain a copy of, the record or a part of the record. 36P Certain information not to be published (1) A person must not publish— (a) information given in evidence or otherwise in a proceeding before the tribunal; or (b) information that is likely to identify a person who—

s 36P 60 Adoption of Children Act 1964 s 36P (i) appears as a witness before the tribunal in a proceeding; or (ii) is a party to the proceeding; or (iii) is mentioned, or otherwise involved, in the proceeding. Maximum penalty— (a) for a corporation—1000 penalty units; or (b) for an individual—100 penalty units or 2 years imprisonment. (2) Subsection (1)(a) does not apply to— (a) a person if the tribunal or the president of the tribunal consents to the publication of the information by the person; or (b) the tribunal publishing its final decision in a proceeding, with or without the reasons for the decision. (3) The tribunal or the president may only consent to the publication as mentioned in subsection (2) if the tribunal or the president is satisfied the publication of the information— (a) is in the public interest; and (b) does not conflict with the best interests of the child. (4) In this section— information includes— (a) a matter contained in a document filed with, or received by, the tribunal; and (b) the tribunal’s decision or reasons for a decision. publish , for information, means to publish it to the public by way of the internet, newspaper, radio, television or other form of communication.

s 37 61 s 37A Adoption of Children Act 1964 Part 4 Recognition of adoptions and related matters Division 1 Recognition of interstate and foreign adoptions 37 Recognition of Australian and New Zealand adoptions For the purposes of the laws of Queensland, the adoption of a person (whether before or after the commencement of this Act) in another State or a Territory of the Commonwealth or in New Zealand, in accordance with the law of that State or Territory or country has, so long as it has not been rescinded under the law in force in that State or Territory or country, the same effect as an adoption order made in Queensland under this Act, and has no other effect. 37A Recognition of adoptions granted in convention countries (1) This section applies to an adoption granted in a convention country if— (a) when the adoption is granted— (i) the adopted child is habitually resident in a convention country; and (ii) the adopter is habitually resident in a convention country, Australia or New Zealand; and (b) an adoption compliance certificate, issued in the convention country in which the adoption is granted, is in force for the adoption. (2) The adoption has effect as if it were an adoption order made under this Act. (3) However, subsection (2) does not apply if the Supreme Court makes a declaration of non-recognition of the adoption. (4) The Supreme Court may make a declaration of non-recognition of the adoption if it is satisfied the adoption is

s 38 62 s 38 Adoption of Children Act 1964 manifestly contrary to public policy, taking into account the child’s best interests. (5) An interested person may apply to the Supreme Court for a declaration of non-recognition of the adoption. (6) Before applying for the declaration, the person must give written notice— (a) if the person is the chief executive—to the Commonwealth central authority; or (b) otherwise—to the chief executive. (7) The notice must state that the person proposes to apply for the declaration and the reasons for the proposed application. (8) If the chief executive is given a notice under subsection (6)(b), the chief executive must give a copy of the notice to the Commonwealth central authority. (9) If the applicant is not the chief executive, the chief executive is entitled to be joined as a party to the proceedings concerning the application. (10) This section is subject to division 2. (11) In this section— declaration of non-recognition , of an adoption granted in a convention country, means a declaration that the adoption does not have effect as if it were an adoption order made under this Act. interested person , for an adoption, means— (a) the chief executive; or (b) an adopter; or (c) the adopted child. 38 Recognition of adoptions granted in non-convention countries (1) For the purposes of the laws of Queensland, the adoption of a person in a non-convention country, being an adoption to which this section applies, has, so long as it has not been rescinded under the law of that country, the same effect as an adoption order under this Act.

s 38 63 s 38 Adoption of Children Act 1964 (2) This section applies to an adoption in a non-convention country if— (a) the adoption was effective according to the law of that country; and (b) at the time at which the legal steps that resulted in the adoption were commenced, the adopter, or each of the adopters, was resident or domiciled in that country and had been so resident or domiciled for not less than 12 months; and (c) in consequence of the adoption, the adopter or adopters had, or would (if the adopted person had been a young child) have had, immediately following the adoption, according to the law of that country, a right superior to that of any natural parent of the adopted person in respect of the custody of the adopted person; and (d) under the law of that country the adopter or adopters were, by the adoption, placed generally in relation to the adopted person in the position of a parent or parents. (4) Where in any proceedings before a court (including proceedings under section 39) the question arises whether an adoption is one to which this section applies, it shall be presumed, in the absence of proof to the contrary, that in relation to the adoption the conditions referred to in subsection (2) are satisfied and that the adoption has not been rescinded. (5) Notwithstanding the foregoing provisions of this section, a court (including a court dealing with an application under section 39) may refuse to recognise an adoption as being an adoption to which this section applies if it appears to the court that the procedure followed or the law applied in connection with the adoption involved a denial of natural justice or did not comply with the requirements of substantial justice. (6) A document purporting to be the original or a certified copy of an order or record of adoption made by a court or a judicial or public authority in a non-convention country shall, upon its production, in the absence of proof to the contrary, be sufficient evidence—

s 38AA 64 Adoption of Children Act 1964 s 38AA (a) that the adoption was made in and is effective according to the law of that country; and (b) that the adoption has not been rescinded. (7) Except as provided in this section, the adoption of a person in a non-convention country does not have effect for the purposes of the laws of Queensland. (8) Nothing in this section affects any right that was acquired by, or became vested in, a person before the commencement of this Act. Division 2 Simple adoptions 38AA Definitions for div 2 In this division— conversion , of a simple adoption, means conversion into a full adoption under article 27 of the Hague convention. declaration of non-recognition , of the conversion of a simple adoption, means a declaration that, despite the conversion, the adoption is taken to remain a simple adoption. full adoption means an adoption other than a simple adoption. interested person , for an adoption, means— (a) the chief executive; or (b) an adopter; or (c) the adopted child. simple adoption means an adoption granted in a convention country that, under the law of that country, does not end the legal relationship between the adopted child and the individuals who were, immediately before the adoption, the child’s parents.

s 38AB 65 Adoption of Children Act 1964 s 38AD 38AB Simple adoption does not end parent-child relationship Despite section 37A(2), a simple adoption does not end the legal relationship between the adopted child and the individuals who were, immediately before the adoption, the child’s parents. 38AC Conversion of simple adoption in convention country (1) If a simple adoption is converted in a convention country, the adoption is taken to be a full adoption. (2) However, subsection (1) does not apply if the Supreme Court makes a declaration of non-recognition of the conversion. (3) The Supreme Court may make a declaration of non-recognition of the conversion if it is satisfied the conversion is manifestly contrary to public policy, taking into account the child’s best interests. (4) An interested person may apply to the Supreme Court for a declaration of non-recognition of the conversion. (5) Before applying for the declaration, the person must give written notice— (a) if the person is the chief executive—to the Commonwealth central authority; or (b) otherwise—to the chief executive. (6) The notice must state that the person proposes to apply for the declaration and the reasons for the proposed application. (7) If the chief executive is given a notice under subsection (5)(b), the chief executive must give a copy of the notice to the Commonwealth central authority. (8) If the applicant is not the chief executive, the chief executive is entitled to be joined as a party to the proceedings concerning the application. 38AD Conversion of simple adoption by chief executive (1) On application by an adopter of a child under a simple adoption, the chief executive may, by written order, declare the adoption to have effect as a full adoption.

s 38A 66 Adoption of Children Act 1964 s 38A (2) If the chief executive makes the order, the adoption has effect as a full adoption. (3) The chief executive may make the order only if the chief executive is satisfied— (a) an adoption compliance certificate, issued in the convention country in which the adoption was granted, is in force for the adoption; and (b) the adopter is habitually resident in Queensland; and (c) when the adoption was granted, the adopted child was habitually resident in the convention country; and (d) if the adopted child is not in Australia when the chief executive proposes to make the declaration—the child is not prevented from entering Australia— (i) under a law of the Commonwealth or a State; or (ii) by an order of a court of the Commonwealth or a State; and (e) the child is not prevented from residing permanently in Australia— (i) under a law of the Commonwealth or a State; or (ii) by an order of a court of the Commonwealth or a State. Division 3 Other matters concerning foreign adoptions 38A Chief executive to have limited supervision of adopted children (1) Subject to subsections (2) and (3), where— (a) a child is adopted in a country (other than New Zealand) outside the Commonwealth and the Territories of the Commonwealth, whether or not the adoption is one that pursuant to this Act has the same effect as an adoption order under this Act; and