Adoption of Children Regulation 1988


Queensland Crest
ADOPTION OF CHILDREN REGULATION 1988
Queensland Adoption of Children Act 1964 ADOPTION OF CHILDREN REGULATION 1988 Reprinted as in force on 14 April 1997 (includes amendments up to SL No. 391 of 1996) Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 14 April 1997. 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. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints.
Queensland ADOPTION OF CHILDREN REGULATION 1988 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—APPLICATIONS, ELIGIBILITY, ASSESSMENT AND CONSENTS 7 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Supporting information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Notification of change of particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Withdrawal of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Removal of names from lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 3—REGISTRATION OF ADOPTIONS 14 Registration of Queensland orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 Registration of orders (other than Queensland) . . . . . . . . . . . . . . . . . . . . . . . 8 16 Access to the registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Searches and copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18 Correction of error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Sending of memoranda of orders to other places . . . . . . . . . . . . . . . . . . . . . 12 PART 6—GENERAL 24 Revocation of consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2 Adoption of Children Regulation 1988 25 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 General offence provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 14 FEES SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 16 REGISTERING OFFICERS SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 17 INITIAL ELIGIBILITY SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 21 CONTINUING ELIGIBILITY SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . . 23 MATTERS TO BE REGARDED IN MAKING ASSESSMENTS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 26 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
s1 3 s5 Adoption of Children Regulation 1988 ADOPTION OF CHILDREN REGULATION 1988 [as amended by all amendments that commenced on or before 14 April 1997] PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Adoption of Children Regulation 1988 . ˙ Commencement 2. This regulation shall commence on 27 June 1988. ˙ Interpretation 5. In this regulation— “amended birth entry” means an entry in the registers referred to in paragraphs (a) and (b) of the definition of “the registers”; “applicant” includes prospective adopter; “infertile” means— (a) an inability to conceive or an inability to cause a woman to conceive except where such inability is due to reasons within the control of the person concerned; or (b) possessing a genetically transmitted disorder which is likely to place at risk the life of or result in the serious impairment of the health of a child; or (c) having a condition that there is the likelihood of a child not being carried until it can proceed in a living state from the body of its mother; or (d) in the case of a woman—having a condition which is likely to
s6 4 s7 Adoption of Children Regulation 1988 place at risk the woman’s life or seriously impair the woman’s health if the woman were to become pregnant; “the registers” means— (a) the Adopted Children Register; and (b) the register kept by the Registrar-General intituled ‘RECORD OF CHILDREN whose Births have been registered in the State and who have been transferred under Deed of Adoption’; and (c) entries relating to adopted persons in the registers of births kept under the law of Queensland. ˙ Forms 6.(1) The prescribed forms for the purposes of the Act are the forms approved by the chief executive. (2) A person may request the chief executive to give the person a document setting out an approved form. (3) The chief executive must promptly comply with the request. PART 2—APPLICATIONS, ELIGIBILITY, ASSESSMENT AND CONSENTS ˙ Applications 7.(1) A person who seeks to become an adoptive parent and have the person’s name entered in an appropriate adoption list shall— (a) make an application in the approved form; and (b) pay the application fee specified in Part A of Schedule 2 for the appropriate adoption list at the time of making the application; and (c) pay the assessment fee specified in Part A of Schedule 2 for the appropriate adoption list prior to the commencement of the assessment pursuant to section 13B of the Act.
s8 5 s8 Adoption of Children Regulation 1988 (2) A person who prior to the commencement of this regulation has lodged with the Director an application to be authorised to adopt a child made in accordance with the relevant law before the commencement of section 6 of the Adoption of Children Amendment Act 1983 (a) where the person’s name is included in the adoption list kept by the Director immediately before the commencement of that section, other than a person whose name is transferred to the Special Needs Children’s Adoption List, shall pay the fee specified in Part B of Schedule 2, prior to the making of the adoption order; (b) where the person’s name is not included in the adoption list kept by the Director immediately before the commencement of that section, shall pay the fees specified in Part C of Schedule 2 for the appropriate adoption list— (i) in respect of the assessment fee—prior to the commencement of the assessment pursuant to section 13B of the Act; and (ii) in respect of the order fee—prior to the making of the adoption order. (3) The Director may, where the Director is of the opinion that the payment of the fee specified in Parts A, B or C of Schedule 2 would cause hardship to the person required to pay such fee, waive, wholly or partly, the payment thereof. ˙ Eligibility 8.(1) Subject to section 13A of the Act, a person shall be ineligible to have the person’s name entered in an adoption list unless in respect of the adoption list referred to in column 1 of Schedule 4 the person has the eligibility specified in column 2 of Schedule 4. (2) Subject to section 13A of the Act, a person shall be ineligible to have the person’s name remain in an adoption list unless in respect of the adoption list referred to in column 1 of Schedule 5 the person retains the eligibility specified in column 2 of Schedule 5.
s 9 6 s 11 Adoption of Children Regulation 1988 ˙ Assessment 9. The matters specified in column 2 of Schedule 6 shall be matters to be regarded in the making of an assessment under section 13B of the Act in respect of persons whose names are entered in an adoption list referred to in column 1 of Schedule 6. ˙ Supporting information 10. An applicant to become an adoptive parent shall lodge with the Director— (a) such of the undermentioned as requested by the Director— (i) full birth certificate of applicant; (ii) deed poll or other evidence of change of name of applicant; (iii) marriage certificate of applicant; (iv) certificate of Australian citizenship of applicant; (v) a certificate of decree nisi that has become absolute; (vi) custody, access or guardianship order and any other orders in relation to a child to be adopted; (vii) medical report; (viii)a specialist medical practitioner’s report stating the reason for infertility; (ix) references; and (b) such other documentation and particulars to enable the Director to properly consider the application. ˙ Notification of change of particulars 11. A person who has made an application to become an adoptive parent shall, until an adoption order has been made or the application is otherwise disposed of, forthwith advise the Director of a change in any of the circumstances that might affect the eligibility of such person.
s 12 7 s 14 Adoption of Children Regulation 1988 ˙ Withdrawal of applications 12.(1) An applicant may withdraw the applicant’s application to become an adoptive parent by notice in writing to the Director. (2) Upon receipt of a notice pursuant to subsection (1), the Director shall remove the name of the applicant from the relevant adoption list and notify the applicant of such action. ˙ Removal of names from lists 13.(1) For the purposes of section 13B(8) of the Act, the prescribed time is 2 years from the date on which an application is lodged with the Director. (2) Where the Director has reasonable cause to believe that an applicant does not intend to proceed with an application to become an adoptive parent the Director may remove the name of that applicant from the relevant adoption list. (3) Where the Director has removed the name of an applicant from an adoption list the Director shall, except where the whereabouts of the applicant is unknown, notify the applicant of that action. PART 3—REGISTRATION OF ADOPTIONS ˙ Registration of Queensland orders 14. The Registrar-General shall, in respect of each memorandum of an adoption order and each order made by the Supreme Court for the discharge of an adoption order— (a) register it by— (i) in the case of a memorandum of an adoption order— (A) placing each order in sequence in the Adopted Children Register; (B) numbering the orders in sequence; (C) completing and signing Column 8 of the Schedule
s 15 8 s 15 Adoption of Children Regulation 1988 thereto; (D) entering in an index the names of each adoptive parent and each adopted child; (ii) in the case of an order by the Court discharging an adoption order made in respect of the child—placing it in the register with the adoption order to which it relates; (iii) in the case of— (A) a memorandum of an adoption order where there is, in respect of the child, a previous registered adoption order; or (B) an order by the Court discharging an adoption order made in respect of the child; cross referencing such order with the previous registered adoption order made in respect of the child; (b) if it relates to a child whose birth is registered in Queensland— (i) make a marginal note in the entry of birth of the child in the registers of births referring to the adoption of the child or, as the case may be, that an adoption order in respect of the child has been discharged; (ii) make a note against the child’s name in any index for the registers of births that the order has been made; (iii) where the birth has been entered in a register of births kept by a district registrar—cause the district registrar to make the notes pursuant to subparagraphs (i) and (ii) in the district registrar’s records; (c) in the case of an order for the discharge of an adoption order—not more than 21 days after receipt thereof, send to the Director a copy of such order duly certified by the Registrar-General. ˙ Registration of orders (other than Queensland) 15. The Registrar-General shall, in respect of an order referred to in section 57 of the Act— (a) register it by—
s 15 9 s 15 Adoption of Children Regulation 1988 (i) in the case of a memorandum or copy of an adoption order— (A) compiling from that memorandum or copy of an adoption order, a schedule in the approved form; (B) placing the compiled schedule, with the memorandum or copy of an adoption order, in sequence in the Adopted Children Register; (C) numbering the compiled schedule in sequence; (D) completing and signing column 8 of the compiled schedule; (E) entering in an index the names of each adoptive parent and each adopted child; (ii) in the case of an order by the Court discharging an adoption order made in respect of the child—placing it in the register with the adoption order to which it relates; (iii) in the case of— (A) an adoption order where there is, in respect of the child, a previous registered adoption order; or (B) an order by the Court discharging an adoption order made in respect of the child; cross referencing such order with the previous registered adoption order made in respect of the child; (b) make a marginal note in the entry of birth of the child in the registers of births referring to the adoption of the child or, as the case may be, that an adoption order in respect of the child has been discharged; (c) make a note against the child’s name in any index for the registers of births that the order has been made; (d) where the birth has been entered in a register of births kept by a district registrar, cause the district registrar to make the notes pursuant to paragraphs (b) and (c) in the district registrar’s records.
s 16 10 s 17 Adoption of Children Regulation 1988 ˙ Access to the registers 16. No person other than— (a) the Director; (b) an officer of the department engaged in giving effect to the Act; (c) or any other person engaged in giving effect to the Act; shall have access to the registers. ˙ Searches and copies 17.(1) Any person shall, upon application in writing and upon payment of a fee equal to the fee prescribed under the Registration of Births, Deaths and Marriages Act 1962 as the fee payable for the issue of a certified copy of or an extract from any entry in a register kept under that Act or for a search of any such register or the index thereto, be entitled, at any time when the office of the Registrar-General is open for the transaction of public business— (a) to obtain from the Registrar-General certified under the Registrar-General’s hand— (i) where the Registrar-General registered an adoption order made in another State, a Territory of the Commonwealth, or a country outside the Commonwealth— (A) prior to the 1 August 1965—a certificate in the approved form containing such information as is available to the Registrar-General in relation to that adoption, from the adoption order; (B) in other cases—a certificate in the approved form containing such information as is available to the Registrar-General in relation to that adoption, from the Adopted Children Register; (ii) where a person other than a person the subject of an adoption order referred to in subparagraph (i) has been adopted— (A) before the commencement of these regulations, a certificate—
s 17 11 s 17 Adoption of Children Regulation 1988 (I) in the case of a person whose particulars have been entered in the register kept by the Registrar-General intituled ‘Record of Children whose Births have been registered in the State and who have been transferred under Deed of Adoption’—in the approved form containing such information as is available to the Registrar-General from such register; or (II) in the case of a person, other than a person to whom subparagraph (I) applies who has been adopted prior to the commencement of the Adoption of Children Act 1964 —in the approved form containing such information as is available to the Registrar-General from the schedule to the copy of an adoption order contained in the Adopted Children Register; or (III) in the case of a person who has been adopted on or after the commencement of the Adoption of Children Act 1964 —in the approved form containing such information as is available to the Registrar-General from the schedule to the memorandum of an adoption order contained in the Adopted Children Register; (B) after the commencement of these regulations, a certificate in the form of the schedule to the memorandum of an adoption order; (b) to cause the Registrar-General to have a search made of the registers or the index thereto for such information as would be made available in a certificate pursuant to paragraph (a) in relation to an entry therein; or (c) to obtain from the Registrar-General certified under the Registrar-General’s hand, an extract from any entry in the registers in the form of an ‘Extract from Birth Entry’ form pursuant to the regulations made under the Registration of Births, Deaths and Marriages Act 1962 . (2) The provisions of section 22 of the Registration of Births, Deaths
s 18 12 s 19 Adoption of Children Regulation 1988 and Marriages Act 1962 shall, mutatis mutandis, apply to searches and copies made pursuant to this section. (3) Subject to section 39C of the Act, no person shall be entitled to search or obtain a copy of or extract from entries relating to adopted persons in the registers of births kept under the law of Queensland, except upon an order of the Supreme Court. ˙ Correction of error 18.(1) Where the Director or Registrar-General is satisfied that— (a) an adoption order or copy thereof; or (b) a memorandum of an adoption order; contains any error, the Director or Registrar-General may correct such document by— (c) inserting the correct particulars therein; and (d) where applicable, ruling through the erroneous particulars in such manner that such particulars are still legible; and (e) initialling the correction and inserting the date on which the correction was made. (2) Where a correction is made pursuant to subsection (1), the Registrar-General shall make, if neccessary, in the margin in the entry of birth in the registers of births, a suitable note of such correction. ˙ Sending of memoranda of orders to other places 19. For the purpose of section 56 of the Act the Registrar-General shall send the memorandum in the approved form or copy of the discharging order to the officer named in column 2 of Schedule 3 for the particular State or Territory of the Commonwealth or country named in column 1 of Schedule 3.
s 24 13 s 26 Adoption of Children Regulation 1988 PART 6—GENERAL ˙ Revocation of consents 24. The prescribed address for the purposes of section 22(2) of the Act shall be the Department of Family Services and Aboriginal and Islander Affairs, G.P.O. Box 806, Brisbane, 4001. ˙ Fees 25.(1) The fees set forth in Part D of Schedule 2 shall be the prescribed fees with respect to the purposes and circumstances respectively set out in Schedule 2. (2) The Director may waive, in whole or part, payment by a person of the fee payable by the person in relation to an application for identifying information if payment of the fee would cause hardship to the person. (3) A fee is not payable in relation to an application for identifying information if disclosure of the information is not permitted under section 39B of the Act. ˙ General offence provision 26. (1) A person who contravenes or fails to comply with any provision of this regulation commits an offence against the regulation. (2) A person who fails to do that which the person is directed to do by a person acting under the authority of this regulation commits an offence against the regulation. (3) A person who commits an offence against this regulation is liable to a penalty of 20 penalty units or imprisonment for 3 months.
14 Adoption of Children Regulation 1988 ¡ SCHEDULE 2 FEES PART A 1. In respect of an application to have the person’s name entered in the Foreign Children’s Adoption List— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. In respect of an application to have the person’s name entered in the Relative Children’s Adoption List— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. In respect of an application to have the person’s name entered in the General Children’s Adoption List— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 53.00 641.00 53.00 133.00 53.00 443.00 PART B Order fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53.00 PART C 1. In respect of an application to have the person’s name entered in the Foreign Children’s Adoption List— (a) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) order fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641.00 53.00
15 Adoption of Children Regulation 1988 SCHEDULE 2 (continued) 2. In respect of an application to have the person’s name entered in the Relative Children’s Adoption List— (a) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) order fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. In respect of an application to have the person’s name entered in the General Children’s Adoption List— (a) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) order fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133.00 53.00 443.00 53.00 PART D 3. Application for identifying information— (a) aged, invalid, service, sole parent or widow’s pensioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) any other person . . . . . . . . . . . . . . . . . . . . . . . . . . . Nil 50.00
16 Adoption of Children Regulation 1988 ¡ SCHEDULE 3 REGISTERING OFFICERS section 56 of the Act Column 1 New South Wales Victoria South Australia Western Australia Tasmania Australian Territory Capital The Northern Territory of Australia Norfolk Island New Zealand Cocos (Keeling) Islands Christmas Island Column 2 Principal Registrar—Registry Births, Deaths and Marriages Registrar, Births Deaths Marriages and Names Principal Registrar—Births, Deaths and Marriages Registrar-General Registrar-General Registrar—Births, Deaths and Marriages Registrar-General Registrar of Births, Deaths and Marriages Registrar-General Registrar-General of Births, Deaths and Marriages Registrar-General of Births, Deaths and Marriages
17 Adoption of Children Regulation 1988 ¡ SCHEDULE 4 INITIAL ELIGIBILITY Column 1 1. Special Needs Children’s Adoption List— All applicants . . . . . . . . . . 2. Foreign Children’s Adoption List— (a) An applicant who is a relative of the child . . . (b) All other applicants . . Column 2 (i) Residence or domicile in Queensland. (ii) Not suffering from any medical condition or disability to such an extent that the applicant would be unable to care for a child on a permanent basis. (a)— (i) A married applicant shall have been married to his or her spouse for not less than 2 years. (ii) Residence or domicile in Queensland. (b)— (i) A married applicant shall have been married to his or her spouse for not less than 2 years. (ii) Residence or domicile in Queensland.
18 Adoption of Children Regulation 1988 SCHEDULE 4 (continued) (iii)Not suffering from any medical condition or disability to such an extent that the applicant would be unable to care for a child on a permanent basis. (iv)Australian citizenship. However, where a husband and wife joined in the 1 application, 1 applicant only need be an Australian citizen. (v) Age— (A) in respect of the first application for adoption— (I) in the case of a sole applicant—less than 41 years; (II) in the case of a married couple—the younger shall be less than 41 years and the older shall be less than 47 years; or (B) in respect of other applications for adoption— (I) in the case of a sole applicant—less than 43 years; (II) in the case of a married couple—the younger shall be less than 43 years and the older shall be less than 47 years. (vi)The applicant shall have no more than 4 children in the applicant’s custody.
19 Adoption of Children Regulation 1988 SCHEDULE 4 (continued) 3. Relative Children’s Adoption List— All applicants . . . . . . . . . . 4. General Children’s Adoption List— All applicants . . . . . . . . . . (i) A married applicant shall have been married to his or her spouse for not less than 2 years. (ii) Residence or domicile in Queensland. (iii)The applicant shall have the child in the applicant’s custody. (i) A married applicant shall have been married to his or her spouse for not less than 2 years. (ii) Residence or domicile in Queensland. (iii)Not suffering from any medical condition or disability to such an extent that the applicant would be unable to care for a child on a permanent basis. (iv)Australian citizenship. However, where a husband and wife joined in the 1 application, only 1 applicant need be an Australian citizen. (v) The applicant shall not have more than 1 child in the applicant’s custody. (vi)The applicant shall be infertile. (vii)Age—
20 Adoption of Children Regulation 1988 SCHEDULE 4 (continued) (A) where the applicant has no child in the applicant’s custody—less than 36 years; (B) where the applicant has 1 child in the applicant’s custody—less than 40 years.
21 Adoption of Children Regulation 1988 ¡ SCHEDULE 5 CONTINUING ELIGIBILITY Column 1 1. Special Needs Children’s Adoption List— All applicants . . . . . . . . . . 2. Foreign Children’s Adoption List— (a) An applicant who is a relative of the child . . . (b) All other applicants . . Column 2 (i) Residence or domicile in Queensland. (ii) Not suffering from any medical condition or disability to such an extent that the applicant would be unable to care for a child on a permanent basis. (a)— (i) Marital status. (ii) Residence or domicile in Queensland. (iii)Australian citizenship. However, where a husband and wife have joined in the 1 application, only 1 applicant need be an Australian citizen. (b)— (i) Marital status. (ii) Residence or domicile in Queensland. (iii)Not suffering from any medical condition or disability to such an extent that the applicant would be unable to care for a child on a permanent basis.
22 Adoption of Children Regulation 1988 SCHEDULE 5 (continued) 3. Relative Children’s Adoption List— All applicants . . . . . . . . . . 4. General Children’s Adoption List— All applicants . . . . . . . . . . (iv)Australian citizenship. However, where a husband and wife joined in the 1 application, 1 applicant only need be an Australian citizen. (v) The applicant shall have no more than 4 children in the applicant’s custody. (i) Marital status. (ii) Residence or domicile in Queensland. (iii)The applicant shall have the child in the applicant’s custody. (i) Marital status. (ii) Residence or domicile in Queensland. (iii)Not suffering from any medical condition or disability to such an extent that the applicant would be unable to care for a child on a permanent basis. (iv)Australian citizenship. However, where a husband and wife joined in the 1 application, only 1 applicant need be an Australian citizen. (v) The applicant shall not have more than 1 child in the applicant’s custody. (vi)The applicant shall be infertile.
23 Adoption of Children Regulation 1988 ¡ SCHEDULE 6 MATTERS TO BE REGARDED IN MAKING ASSESSMENTS Column 1 1. All Adoption Lists . . . . . . Column 2 (i) In respect of a married applicant—the quality and stability of the marriage. (ii) The emotional and personal capacity of the applicant to be an adoptive parent. (iii)The financial capacity and stability of the applicant. (iv)The capacity of the applicant to provide for the needs of a child including the safety of and the emotional and physical needs of a child. (v) The attitude of the applicant to children and to the responsibilities and duties of parenthood. (vi)The attitude of the applicant to informing the child of his or her adoption. (vii) In the case of an application to adopt a child of a particular indigenous ethnic or cultural background—the ability of the applicant to develop or maintain the child’s indigenous ethnic or cultural identity.
24 Adoption of Children Regulation 1988 SCHEDULE 6 (continued) 2. Relative Children’s Adoption List . . . . . . . . . . 3. Foreign Children’s Adoption List— (a) An application where the applicant is a relative of the child . . . (viii)Where the Director conducts a course, seminar or such like for applicants—the participation of the applicant. (i) The nature of the relationship of the child with the applicant. (ii) The circumstances in which the applicant obtained custody of the child. (iii)The effect on the child of the separation of the child from— (A)either parent of the child; or (B) any child, or other person with whom the child has been living. (a)— (i) The effect on the child of the separation of the child from— (A)either parent of the child; or (B) any child, or other person with whom the child has been living. (ii) The applicants understanding of and interest in the country from which the child is to be adopted. (iii)Whether the natural parents are able and willing to fulfil their normal parental role towards the child.
25 Adoption of Children Regulation 1988 SCHEDULE 6 (continued) (b) All other applicants . . 4. General Children’s Adoption List . . . . . . . . . . (iv)Whether the physical and emotional well being of the child is secure within the natural family. (v) Whether the primary reason for adoption is— (A) an improvement in the child’s opportunities for education, employment and material advancement; or (B) meeting the needs of the applicants to parent a child. (vi)Whether there is any existing parent-child relationship between the applicant and the child or whether there is any reasonable prospect of the development of such relationship. (vii) Whether by the time the child reaches 18 years the applicants will have raised, maintained and educated the child for the majority of the child’s life. (b) The applicants understanding of and interest in the country from which the child is to be adopted. The adjustment of the applicant to the applicant’s infertility.
26 Adoption of Children Regulation 1988 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 14 April 1997. Future amendments of the Adoption of Children Regulation 1988 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered
27 Adoption of Children Regulation 1988 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to SL No. 500 of 1993 21 December 1993 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Table of renumbered provisions Reprint No. 1 ´ 6 List of legislation Adoption of Children Regulation 1988 pubd gaz 21 May 1988 pp 485–525 commenced 27 June 1988 as amended by— regulations published gazette— 10 December 1988 p 1706 commenced on date of publication 2 September 1989 pp 95–6 commenced on 16 September 1989 (see s 2) 21 July 1990 pp 1797–1810 (as amd by reg pubd gaz 2 March 1992 pt 2) pt B sch commenced 1 September 1990 (see s 2(2)) pt C sch commenced 1 June 1991 (see s 2(3) as amd reg pubd gaz 2 March 1991 pt 2) remaining provisions commenced on date of publication 2 March 1991 pp 1076–8 commenced on date of publication 16 March 1991 p 1470 commenced on date of publication Adoption of Children Amendment Regulation (No. 1) 1993 SL No. 500 notfd gaz 17 December 1993 pp 1812–21 commenced on date of notification
28 Adoption of Children Regulation 1988 Children’s Services Legislation Amendment Regulation (No. 1) 1996 SL No. 391 pts 1–2 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification ´ 7 List of annotations Arrangement s 3 amd reg pubd gaz 21 July 1990 pp 1797–810 om reg pubd gaz 2 March 1991 pp 1076–8 Repeal s 4 om 1993 SL No. 500 s 3 Interpretation s 5 def “amended birth entry” ins reg pubd gaz 21 July 1990 pp 1797–810 def “the Act” ins reg pubd gaz 21 July 1990 pp 1797–810 om 1993 SL No. 500 s 4 Forms s 6 sub 1993 SL No. 500 s 5 Application s 7 amd reg pubd gaz 21 July 1990 pp 1797–810; 1993 SL No. 500 ss 2, 6 sch Eligibility s 8 amd reg pubd gaz 21 July 1990 pp 1797–810; 1993 SL No. 500 s 2 sch Assessment s 9 amd reg pubd gaz 21 July 1990 pp 1797–810 Removal of names from lists s 13 amd reg pubd gaz 21 July 1990 pp 1797–810; 1993 SL No. 500 s 2 sch Registration of orders (other than Queensland) s 15 amd reg pubd gaz 21 July 1990 pp 1797–810; 1993 SL No. 500 ss 2, 7 sch Access to the registers s 16 amd reg pubd gaz 21 July 1990 pp 1797–810 sub reg pubd gaz 21 July 1990 pp 1797–810 amd 1993 SL No. 500 s 2 sch Searches and copies s 17 amd reg pubd gaz 21 July 1990 pp 1797–810; 1993 SL No. 500 s 8 Sending of memoranda of orders to other places s 19 amd reg pubd gaz 21 July 1990 pp 1797–810; 1993 SL No. 500 ss 2, 9 sch PART 4—ACCESS TO BIRTH ENTRIES Pt hdg om reg pubd gaz 21 July 1990 pp 1797–810 Interpretation s 20 amd reg pubd gaz 21 July 1990 pp 1797–810 om reg pubd gaz 21 July 1990 pp 1797–810
29 Adoption of Children Regulation 1988 Persons entitled to access to entries s 21 om reg pubd gaz 21 July 1990 pp 1797–810 Furnishing certificates s 22 om reg pubd gaz 21 July 1990 pp 1797–810 PART 5—ADOPTIONS APPEAL TRIBUNAL pt hdg om 1996 SL No. 391 s 3 Appeal against assessment s 23 amd 1993 SL No. 500 s 11 om 1996 SL No. 391 s 3 Revocation of consents s 24 amd reg pubd gaz 21 July 1990 pp 1797–810; 1993 SL No. 500 s 2 sch Fees s 25 amd reg pubd gaz 21 July 1990 pp 1797–810; 2 March 1991 pp 1076–8 SCHEDULE 1 amd reg pubd gaz 10 December 1988 p 1706; 21 July 1990 pp 1797–810; 2 March 1991 pp 1076–8; 16 March 1991 p 1470 om 1993 SL No. 500 s 12 SCHEDULE 2—FEES sub reg pubd gaz 2 September 1989 pp 95–6 amd reg pubd gaz 21 July 1990 pp 1797–810; 2 March 1991 pp 1076–8; 1996 SL No. 391 s 4 SCHEDULE 4—INITIAL ELIGIBILITY amd reg pubd gaz 21 July 1990 pp 1797–810 SCHEDULE 5—CONTINUING ELIGIBILITY amd reg pubd gaz 21 July 1990 pp 1797–810 © State of Queensland 1997