Adoption of Children Regulation 1999

Queensland Adoption of Children Act 1964 Adoption of Children Regulation 1999 Reprinted as in force on 9 October 2009 Reprint No. 4B 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 regulation is reprinted as at 9 October 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 Regulation 1999 Contents Part 1 1 2 Part 2 Division 1 3 4 6 7 7A Division 2 8 9 Part 3 10 11 13 14 Part 4 Division 1 15 16 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Eligibility to be named in adoption list, expression of interest register or assessment register Eligibility generally Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Special Needs Children’s Adoption List . . . . . . . . . . . . . . . . . . . . 6 Relative Children’s Adoption List . . . . . . . . . . . . . . . . . . . . . . . . . 6 Expression of interest register and assessment register—non-resident children . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Expression of interest register and assessment register—certain other children . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Eligibility in special circumstances Eligibility of person habitually resident in a convention country . . 9 Eligibility of person seeking adoption order under s 12(3) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Assessment Matters to have regard to for assessment—Act, s 13C(b) . . . . . . 10 Persons named in an adoption list or the expression of interest register—general matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Persons named in the Relative Children’s Adoption List . . . . . . . 12 Persons named in the expression of interest register. . . . . . . . . . 12 Procedural matters Dealing with applications, expressions of interest and assessments Application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Provision of relevant documents or information . . . . . . . . . . . . . . 14

Adoption of Children Regulation 1999 Contents 18 19 Division 2 20 20A 20B 21 22 22A 23 Division 3 24 25 Part 5 27 27A Part 6 28 28A 29 30 Part 7 Division 1 31 Division 2 32 33 34 Division 3 35 Notice of change in circumstances. . . . . . . . . . . . . . . . . . . . . . . . Address for notice of revocation of consent—Act, s 22(2) . . . . . . Removal from adoption list, expression of interest register or assessment register Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Withdrawal of expression of interest. . . . . . . . . . . . . . . . . . . . . . . Notice asking for removal from assessment register . . . . . . . . . . Removal from Special Needs Children’s Adoption List—Act, s 13B(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal if chief executive satisfied person no longer wishes to become an adoptive parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal from assessment register if adoption order made . . . . . Notice of removal of person’s name from adoption list, expression of interest register or assessment register . . . . . . . . . Recording of adoption orders and related matters Registration of orders—Act, ss 54 and 57 . . . . . . . . . . . . . . . . . . Corrections of entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for information, certificates etc. Searches and copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons who may apply for certified copy—Act, s 55A . . . . . . . . Miscellaneous Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver of fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Provision for expired regulation Transitional—forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions relating to Adoption of Children Amendment Act 2002 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility for certain persons to be named in the expression of interest register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility and other requirements for certain persons transferred to the expression of interest register or assessment register . . . . Transitional provisions for Adoption of Children Amendment Regulation (No. 1) 2007 Supervision fee not payable in particular circumstances . . . . . . . 15 16 16 17 17 17 17 18 19 19 20 21 22 24 24 24 24 25 25 25 26 27 Page 2

Schedule 1 Schedule 2 Adoption of Children Regulation 1999 Contents Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 29 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 31 31 32 32 33 Page 3

Adoption of Children Regulation 1999 Part 1 Preliminary [s 1] Adoption of Children Regulation 1999 [as amended by all amendments that commenced on or before 9 October 2009] Part 1 Preliminary 1 Short title This regulation may be cited as the Adoption of Children Regulation 1999 . 2 Dictionary The dictionary in schedule 2 defines particular words used in this regulation. Part 2 Eligibility to be named in adoption list, expression of interest register or assessment register Division 1 Eligibility generally 3 Application of div 1 This division applies subject to division 2. Reprint 4B effective 9 October 2009 Page 5

Adoption of Children Regulation 1999 Part 2 Eligibility to be named in adoption list, expression of interest register or assessment register [s 4] 4 Special Needs Children’s Adoption List For section 13AA(4)(a) of the Act, a person is ineligible to have the person’s name entered in the Special Needs Children’s Adoption List unless the person satisfies the following requirements— (a) the person must be resident or domiciled in Queensland; (b) the person must be an Australian citizen or married to an Australian citizen; (c) the person must not be suffering from a physical or mental condition, or have a physical or mental disability, to an extent that the person could not provide a high level of stable, long-term care for a child. 6 Relative Children’s Adoption List For section 13AA(4)(a) of the Act, a person is ineligible to have the person’s name entered in the Relative Children’s Adoption List unless the person satisfies the following requirements— (a) the person must be resident or domiciled in Queensland; (b) the person must be an Australian citizen or married to an Australian citizen; (c) the person must have been married for at least the past 2 years; (d) the person must have custody of the child in relation to whom the person has applied to become an adoptive parent. 7 Expression of interest register and assessment register—non-resident children (1) Subsection (2) applies to a person whose name is entered in the expression of interest register and whose expression of interest relates to a non-resident child. Page 6 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Part 2 Eligibility to be named in adoption list, expression of interest register or assessment register [s 7A] (2) For section 13AC(2)(a) of the Act, the person is ineligible to have the person’s name entered in the expression of interest register unless the person satisfies the following requirements— (a) the person must be resident or domiciled in Queensland; (b) the person must be an Australian citizen or married to an Australian citizen; (c) the person must not be suffering from a physical or mental condition, or have a physical or mental disability, to an extent that the person could not provide a high level of stable, long-term care for a child; (d) the person must have been married for at least the past 2 years; (e) there must not be more than 4 children in the custody of the person, the person’s spouse or both of them. (3) Subsection (4) applies if— (a) a person has, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter in relation to a non-resident child; and (b) the person’s name is entered in the assessment register. (4) For section 13E(2)(a) of the Act, the person is ineligible to have the person’s name remain in the assessment register unless the person satisfies the requirements mentioned in subsection (2). 7A Expression of interest register and assessment register—certain other children (1) Subsection (2) applies to a person whose name is entered in the expression of interest register and whose expression of interest relates to a child, other than— (a) a child of whom the person is a relative; or (b) a non-resident child; or (c) a special needs child. Reprint 4B effective 9 October 2009 Page 7

Adoption of Children Regulation 1999 Part 2 Eligibility to be named in adoption list, expression of interest register or assessment register [s 7A] (2) For section 13AC(2)(a) of the Act, the person is ineligible to have the person’s name entered in the expression of interest register unless the person satisfies the following requirements— (a) the person must be resident or domiciled in Queensland; (b) the person must be an Australian citizen or married to an Australian citizen; (c) the person must not be suffering from a physical or mental condition, or have a physical or mental disability, to an extent that the person could not provide a high level of stable, long-term care for a child; (d) the person or the person’s spouse must be infertile; (e) the person must have been married for at least the past 2 years; (f) there must not be more than 1 child in the custody of the person, the person’s spouse or both of them. (3) Subsection (4) applies if— (a) a person has, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter in relation to a child, other than— (i) a child of whom the person is a relative; or (ii) a non-resident child; or (iii) a special needs child; and (b) the person’s name is entered in the assessment register. (4) For section 13E(2)(a) of the Act, the person is ineligible to have the person’s name remain in the assessment register unless the person satisfies the requirements mentioned in subsection (2). Page 8 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Part 2 Eligibility to be named in adoption list, expression of interest register or assessment register [s 8] Division 2 Eligibility in special circumstances 8 Eligibility of person habitually resident in a convention country To be eligible to have the person’s name entered in an adoption list or the expression of interest register, or remain in the assessment register, a person who is habitually resident in a convention country is not required to be resident or domiciled in Queensland. 9 Eligibility of person seeking adoption order under s 12(3) of the Act (1) This section applies to a person seeking an adoption order mentioned in section 12(3) of the Act. (2) If the person’s name is entered in the Relative Children’s Adoption List, the requirement mentioned in section 6(c) does not apply to the person. (3) Subsections (5) and (6) apply if the person’s name is entered in the expression of interest register and the person’s expression of interest relates to a non-resident child. (4) Subsections (5) and (6) also apply if— (a) the person has, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter in relation to a non-resident child; and (b) the person’s name is entered in the assessment register. (5) The requirements mentioned in section 7(2)(d) and (e) do not apply to the person. (6) In addition to satisfying the requirements mentioned in section 7(2)(a) to (c), the person must not have more than 4 children in the person’s custody. (7) Subsections (9) and (10) apply if the person’s name is entered in the expression of interest register and the person’s expression of interest relates to a child, other than— Reprint 4B effective 9 October 2009 Page 9

Adoption of Children Regulation 1999 Part 3 Assessment [s 10] (a) a child of whom the person is a relative; or (b) a non-resident child; or (c) a special needs child. (8) Subsections (9) and (10) also apply if— (a) the person has, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter in relation to a child, other than— (i) a child of whom the person is a relative; or (ii) a non-resident child; or (iii) a special needs child; and (b) the person’s name is entered in the assessment register. (9) The requirements mentioned in section 7A(2)(e) and (f) do not apply to the person. (10) In addition to satisfying the other requirements mentioned in section 7A(2)(a) to (d), the person must not have more than 1 child in the person’s custody. Part 3 Assessment 10 Matters to have regard to for assessment—Act, s 13C(b) This part sets out the matters to which the chief executive must have regard when making an assessment, under section 13B of the Act, about a person named in an adoption list or the expression of interest register. 11 Persons named in an adoption list or the expression of interest register—general matters For a person named in an adoption list or the expression of interest register, the chief executive must have regard to the following matters— Page 10 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Part 3 Assessment [s 11] (a) if the person is married—the quality of the marriage, including its stability; (b) the person’s capacity to be an adoptive parent, including— (i) the person’s emotional capacity and other personal qualities; and (ii) the person’s financial stability and other financial capacity; and (iii) the person’s capacity to ensure a child’s safety and wellbeing; and (iv) any other matter relevant to the person’s capacity to provide for a child’s emotional, physical, educational, recreational and social needs; (c) the person’s attitudes to, and understanding of— (i) children and their physical and emotional development; and (ii) the responsibilities and duties of parenthood; and (iii) the issues relevant to adoptive parenting, including issues about informing a child of his or her adoption; and (iv) the significance of an adopted child’s natural parents and their families; (d) if the person’s application to become an adoptive parent, or expression of interest, relates to a child of a particular indigenous, ethnic or cultural background—the person’s ability and willingness to understand the child’s background and to develop or maintain the child’s indigenous, ethnic or cultural identity; (e) the extent of the person’s participation in educational programs relevant to adoption, including any programs conducted by the chief executive. Reprint 4B effective 9 October 2009 Page 11

Adoption of Children Regulation 1999 Part 3 Assessment [s 13] 13 Persons named in the Relative Children’s Adoption List For a person named in the Relative Children’s Adoption List, the chief executive must have regard to the following matters relating to the child in relation to whom the person has applied to become an adoptive parent— (a) the nature of the person’s relationship with the child; (b) the circumstances in which the person obtained custody of the child; (c) the likely effect on the child of separating the child from a parent, sibling or other person with whom the child is, or has been, living; (d) if there is a natural parent who does not have custody of the child—the parent’s views on the making of an adoption order in favour of the person, so far as the chief executive is reasonably able to obtain those views. 14 Persons named in the expression of interest register (1) This section applies to a person named in the expression of interest register. (2) If the person’s expression of interest relates to a non-resident child residing in a particular country, the chief executive must have regard to the following matters— (a) the person’s understanding of, and interest in, the country and its culture; (b) if an adoptive child from the country were placed with the person, the person’s ability and willingness— (i) to continue to learn about the country and its culture; and (ii) to help the child learn about the country and its culture. (3) If the person’s expression of interest relates to a child, other than a child of whom the person is a relative, or a non-resident or special needs child, the chief executive must have regard to Page 12 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Part 4 Procedural matters [s 15] the person’s adjustment to, and acceptance of, the infertility of the person or the person’s spouse. (4) In having regard to the matters mentioned in subsection (3), the chief executive must have regard to whether the infertile person is pursuing fertility treatment. Part 4 Procedural matters Division 1 Dealing with applications, expressions of interest and assessments 15 Application fee (1) An application by a person to become an adoptive parent and to have the person’s name entered in an adoption list must be accompanied by the relevant fee specified in schedule 1. (2) However, the fee is not payable if the application is made by a person whose name is or, within 1 month before the date of the application, was included in a similar list kept by a person approved for the purposes of the law of another State or a Territory of the Commonwealth. 16 Assessment fee (1) A person named in an adoption list or the expression of interest register must pay, within the reasonable time required by the chief executive, the relevant fee specified in schedule 1 for an assessment under section 13B of the Act. (2) The chief executive must not carry out the assessment before receiving the fee. Reprint 4B effective 9 October 2009 Page 13

Adoption of Children Regulation 1999 Part 4 Procedural matters [s 17] 17 Provision of relevant documents or information (1) A person who has applied to become an adoptive parent must give the chief executive, on request, any document or information the chief executive reasonably requires to— (a) consider the person’s eligibility to have the person’s name entered in an adoption list; or (b) make an assessment, under section 13B of the Act, about the person. (2) A person who, in response to an invitation, has expressed interest in being assessed as suitable to be a prospective adopter must give the chief executive, on request, any document or information the chief executive reasonably requires to— (a) consider the person’s eligibility to have the person’s name entered in the expression of interest register; or (b) make an assessment, under section 13B of the Act, about the person; or (c) consider the person’s eligibility to have the person’s name remain in the assessment register. (3) The chief executive may, for example, ask the person for any of the following— (a) a copy of the person’s birth certificate; (b) a deed poll or other evidence of a change of the person’s name; (c) a copy of the person’s marriage certificate; (d) a copy of a certificate evidencing the person’s citizenship; (e) a document evidencing a decree of dissolution of a marriage of the person; (f) if the person has applied to become an adoptive parent in relation to a particular child—a document evidencing a parenting order under the Family Law Act 1975 (Cwlth) or a similar order relating to the child; Page 14 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Part 4 Procedural matters [s 18] (g) a medical report addressing the person’s infertility or another matter concerning the person’s physical or mental health; (h) a reference from a stated person or member of a stated class of persons. 18 Notice of change in circumstances (1) This section applies if— (a) a person’s name is entered in an adoption list; and (b) the person has given information to the chief executive about a matter; and (c) new information about the matter arises or there is a change in the information given; and (d) the new or changed information is relevant to— (i) a decision about the person’s eligibility to have the person’s name entered in the relevant adoption list; or (ii) an assessment, under section 13B of the Act, about the person. (2) Also, this section applies if— (a) a person’s name is entered in the expression of interest register; and (b) the person has given information to the chief executive about a matter; and (c) new information about the matter arises or there is a change in the information given; and (d) the new or changed information is relevant to— (i) a decision about the person’s eligibility to have the person’s name entered in the expression of interest register; or (ii) an assessment, under section 13B of the Act, about the person. Reprint 4B effective 9 October 2009 Page 15

Adoption of Children Regulation 1999 Part 4 Procedural matters [s 19] (3) In addition, this section applies if— (a) a person’s name is entered in the assessment register; and (b) the person has given information to the chief executive about a matter; and (c) new information about the matter arises or there is a change in the information given; and (d) the new or changed information is relevant to— (i) a decision about the person’s eligibility to have the person’s name remain in the assessment register; or (ii) an assessment, under section 14 of the Act, about the person. (4) The person must immediately give the new or changed information to the chief executive. 19 Address for notice of revocation of consent—Act, s 22(2) The address prescribed for sending a notice to the chief executive under section 22(2) of the Act is GPO Box 806, Brisbane Q 4001. Division 2 Removal from adoption list, expression of interest register or assessment register 20 Withdrawal of application (1) A person who has applied to become an adoptive parent may withdraw the application by written notice given to the chief executive. (2) On receiving the notice, the chief executive must remove the person’s name from the relevant adoption list. Page 16 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Part 4 Procedural matters [s 20A] 20A Withdrawal of expression of interest (1) A person named in the expression of interest register may withdraw the person’s expression of interest by written notice given to the chief executive. (2) On receiving the notice, the chief executive must remove the person’s name from the expression of interest register. 20B Notice asking for removal from assessment register (1) A person named in the assessment register may give the chief executive a written notice asking the chief executive to remove the person’s name from the assessment register. (2) On receiving the notice, the chief executive must remove the person’s name from the assessment register. 21 Removal from Special Needs Children’s Adoption List—Act, s 13B(9) The time prescribed for section 13B(9) of the Act is 2 years from the time the person applied to the chief executive to become an adoptive parent. 22 Removal if chief executive satisfied person no longer wishes to become an adoptive parent (1) The chief executive may remove a person’s name from an adoption list, or the expression of interest register or assessment register, if the chief executive is reasonably satisfied the person no longer wishes to become an adoptive parent. (2) Without limiting subsection (1), the chief executive may be reasonably satisfied that a person no longer wishes to become an adoptive parent if the chief executive— (a) sends a letter to the person, at the last address for the person known to the chief executive, asking the person to give the chief executive a written notice confirming Reprint 4B effective 9 October 2009 Page 17

Adoption of Children Regulation 1999 Part 4 Procedural matters [s 22A] that the person still wishes to become an adoptive parent; and (b) does not receive a reply from the person within 30 days after sending the letter; and (c) makes reasonable enquiries about the person’s current address; and (d) if, on making the enquiries, the chief executive learns of a different address for the person— (i) sends the letter mentioned in paragraph (a) to the address; and (ii) does not receive a reply from the person within 30 days after sending the letter; and (e) sends another letter (the final letter ) to the person, at the last address for the person known to the chief executive, stating that, if the person does not give the chief executive a written notice confirming that the person still wishes to become an adoptive parent, by a stated day not less than 30 days after the date of the letter, the chief executive will remove the person’s name from the relevant adoption list or the expression of interest register or assessment register; and (f) does not receive a reply from the person to the final letter by the stated day. 22A Removal from assessment register if adoption order made (1) If an adoption order is made in favour of a person named in the assessment register, the chief executive must remove the person’s name from the register. (2) This section does not apply if— (a) the adoption order mentioned in subsection (1) relates to a special needs child; and (b) the person mentioned in subsection (1) is also named in the Special Needs Children’s Adoption List. Page 18 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Part 4 Procedural matters [s 23] 23 Notice of removal of person’s name from adoption list, expression of interest register or assessment register (1) This section applies if the chief executive, under section 20, 20A, 20B, 22 or 22A, removes a person’s name from an adoption list or the expression of interest register or assessment register. (2) The chief executive must give the person a written notice of the removal. (3) However, the chief executive is not required to give the person the notice if the chief executive can not find the person, after making reasonable inquiries. Division 3 Recording of adoption orders and related matters 24 Registration of orders—Act, ss 54 and 57 (1) This section applies to the registrar general in complying with section 54(3) of the Act— (a) on receiving from the chief executive, under section 54(1) of the Act, a memorandum of an adoption order; or (b) on receiving from the registrar of the Supreme Court, under section 54(2) of the Act, a copy of an order for the discharge of an adoption order. (2) Also, this section applies to the registrar general in complying with section 57 of the Act on receiving— (a) a memorandum or copy of an adoption order; or (b) a memorandum or copy of an order discharging an adoption order; or (c) an original or copy of an order or record of adoption; or (d) an original or copy of a rescission of an adoption. Reprint 4B effective 9 October 2009 Page 19

Adoption of Children Regulation 1999 Part 4 Procedural matters [s 25] (3) The registrar general must make the entries in, alterations to, and notations on, the adopted children register and the register of births, and the indexes to those registers, that the registrar general considers appropriate to evidence the adoption, discharge or rescission. (5) On receiving a document mentioned in subsection (2)(a) or (c), the registrar general must also prepare a schedule, in the approved form, from the information contained in the document. (6) If an adoption order is made under the Act in relation to a person born in a jurisdiction outside Queensland, the registrar general must give a copy of the order to the appropriate officer responsible for recording births in the jurisdiction. (7) On receiving a document relating to an order for the discharge of an adoption order, the registrar general must give a copy of the document— (a) if the adoption order was made under the Act—to the chief executive; and (b) if the order relates to a person whose birth is registered in a jurisdiction outside Queensland—to the appropriate officer responsible for recording births in the jurisdiction. (8) The registrar general is not required to comply with subsection (6) or (7)(b) to the extent compliance would be impracticable in all the circumstances. 25 Corrections of entries (1) The registrar general or chief executive may make any necessary corrections to the recording of an adoption order, including by amending a document or making, amending or omitting an entry in an adoption register. (2) If a correction is made under subsection (1), the registrar general must make any necessary correction to the register of births. Page 20 Reprint 4B effective 9 October 2009

Part 5 Adoption of Children Regulation 1999 Part 5 Application for information, certificates etc. [s 27] Application for information, certificates etc. 27 Searches and copies (1) A person may make any of the following applications to the registrar general— (a) in relation to an adoption order, or a memorandum or copy of an adoption order, entered in the adopted children register— (i) if there is a schedule to the order, memorandum or copy—an application for a certificate, in the approved form, containing the particulars stated in the schedule; or (ii) otherwise—an application for a certificate, in the approved form, containing the particulars stated in the order, memorandum or copy; (b) in relation to 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’—an application for a certificate, in the approved form, containing the information about an adoption recorded in the register; (c) an application for the registrar general to search the adoption registers for information that would be contained in a certificate mentioned in paragraph (a) or (b); (d) an application for an extract from an entry in an adoption register, containing the particulars that, under the Registration Act, the extract is required to contain. (2) The application must be accompanied by the relevant fee prescribed under the Registration Act. (3) Section 44 of the Registration Act applies to the application as if it were made under that Act. Reprint 4B effective 9 October 2009 Page 21

Adoption of Children Regulation 1999 Part 5 Application for information, certificates etc. [s 27A] (4) Subject to section 39C of the Act, a person is not entitled to search, or to obtain a copy of, or extract from, an entry relating to an adopted person in the register of births, other than under an order of the Supreme Court. (5) In this section— Registration Act means the Births, Deaths and Marriages Registration Act 2003 . 27A Persons who may apply for certified copy—Act, s 55A (1) For section 55A(2)(d) of the Act, the following persons are prescribed— (a) if a guardian has been appointed for the relevant person under a law of the State or Commonwealth—the guardian; (b) if an administrator has been appointed under the Guardianship and Administration Act 2000 , section 14, for the relevant person—the administrator; (c) if a personal representative has been appointed for the relevant person—the personal representative; (d) an officer of or person acting for a law enforcement body; (e) a person who produces an order of a court of the State or Commonwealth requiring the registrar general to accept an application under section 55A(2) of the Act. (2) A person prescribed under subsection (1)(a) to (c) must, at the time the application is made— (a) produce the instrument of appointment to the registrar general; and (b) show that the certified copy is required to discharge a function under the appointment. (3) A person prescribed under subsection (1)(d) must, at the time the application is made— Page 22 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Part 5 Application for information, certificates etc. [s 27A] (a) produce documentary proof of the person’s identity to the registrar general; and (b) show that the certified copy is required to discharge— (i) a function of the law enforcement body; or (ii) the person’s duty as an officer of the law enforcement body. Example of documentary proof of an officer’s identity — an identity card issued by a law enforcement body, with a photo of the officer, that states the officer’s name, rank and registered number (4) If a court order is produced under subsection (1)(e), the registrar general must accept the application. (5) If a document under subsection (2)(a) is a photocopy, the document must be certified by a qualified witness as being a correct copy of the document. (6) In this section— law enforcement body means— (a) the Queensland Police Service or a police service of another State; or (b) the Australian Federal Police; or (c) the Crime and Misconduct Commission; or (d) the Australian Crime Commission. qualified witness means— (a) a barrister, solicitor or notary public; or (b) a commissioner for declarations; or (c) a justice of the peace. Reprint 4B effective 9 October 2009 Page 23

Adoption of Children Regulation 1999 Part 6 Miscellaneous [s 28] Part 6 Miscellaneous 28 Access to registers The registrar general must ensure a person does not have access to a register kept under the Act unless the person is a public service employee, or other person, performing functions under or in relation to the administration of the Act. 28A Supervision fee (1) If an interim order is made that is subject to a term or condition relating to the supervision of the welfare and interests of the child and the child is a non-citizen child, the prospective adopter named in the order must, within the reasonable time required by the chief executive, pay the supervision fee stated in schedule 1. (2) If the chief executive decides to supervise the welfare and interests of a child under section 38A of the Act, the adopter of the child must, within the reasonable time required by the chief executive, pay the supervision fee stated in schedule 1. (3) However, this section does not apply if the child mentioned in subsection (1) or (2) is a special needs child. 29 Waiver of fees (1) The chief executive may waive payment of a fee for a person if the chief executive is satisfied payment of the fee by the person would impose unjustifiable hardship on the person. (2) Subsection (1) does not apply to a fee payable under section 27. 30 Chief executive may approve forms (1) The chief executive may approve forms for use under the Act. (2) The prescribed form for a purpose under the Act is the form approved for the purpose by the chief executive. Page 24 Reprint 4B effective 9 October 2009

Part 7 Adoption of Children Regulation 1999 Part 7 Transitional provisions [s 31] Transitional provisions Division 1 Provision for expired regulation 31 Transitional—forms A form approved by the chief executive for a purpose under section 6 of the expired regulation is taken to have been approved for the purpose under section 30. Division 2 Provisions relating to Adoption of Children Amendment Act 2002 32 Definitions for div 2 In this division— commencement means commencement of this section. Foreign Children’s Adoption List means the Foreign Children’s Adoption List as it existed immediately before the commencement. General Children’s Adoption List means the General Children’s Adoption List as it existed immediately before the commencement. 33 Eligibility for certain persons to be named in the expression of interest register (1) This section applies if— (a) a person, before the commencement, made an application to become an adoptive parent and to have the person’s name entered in the General Children’s Adoption List or Foreign Children’s Adoption List; and (b) the person’s name has not been entered in the appropriate list before the commencement; and Reprint 4B effective 9 October 2009 Page 25

Adoption of Children Regulation 1999 Part 7 Transitional provisions [s 34] (c) the application is to be dealt with under section 71(2)(b) of the Act. (2) Despite section 7(2)(f), 7A(2)(g) or 9(6)(b) or (c) or (10)(b) or (c), the requirement mentioned in the provision must have been satisfied at the time the chief executive received the application. 34 Eligibility and other requirements for certain persons transferred to the expression of interest register or assessment register (1) This section applies if— (a) immediately before the commencement, a person is named in the General Children’s Adoption List or Foreign Children’s Adoption List; and (b) information about the person was transferred— (i) under section 71(3) or (4) of the Act, to the expression of interest register; or (ii) under section 71(5) of the Act, to the assessment register. (2) The person is taken to have, in response to an invitation, expressed interest in being assessed as suitable to be a prospective adopter. (3) Despite section 7(2)(f), 7A(2)(g) or 9(6)(b) or (c) or (10)(b) or (c), the requirement mentioned in the provision must have been satisfied at the time the chief executive received the application. Page 26 Reprint 4B effective 9 October 2009

Division 3 Adoption of Children Regulation 1999 Part 7 Transitional provisions [s 35] Transitional provisions for Adoption of Children Amendment Regulation (No. 1) 2007 35 Supervision fee not payable in particular circumstances (1) Despite section 28A(1), a supervision fee is not payable by a prospective adopter named in an interim order if— (a) the prospective adopter was named in the assessment register immediately before the commencement of this section; and (b) the prospective adopter continued to be named in the register until the interim order was made. (2) Despite section 28A(2), a supervision fee is not payable by the adopter of a child mentioned in section 38A of the Act if— (a) the adopter was named in the assessment register immediately before the commencement of this section; and (b) the adopter continued to be named in the register until the chief executive decided to supervise the welfare and interests of the child under section 38A of the Act. Reprint 4B effective 9 October 2009 Page 27

Adoption of Children Regulation 1999 Schedule 1 Schedule 1 Fees sections 15, 16 and 28A $ 1 For an application by a person to become an adoptive parent and have the person’s name entered in the Special Needs Children’s Adoption List— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil (b) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil 2 For an application by a person to become an adoptive parent and have the person’s name entered in the Relative Children’s Adoption List— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61.85 (b) assessment fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463.95 3 Assessment fee for an expression of interest by a person, in response to an invitation, in being assessed as suitable to be a prospective adopter— (a) for a non-resident child . . . . . . . . . . . . . . . . . . . . . . 3 608.50 (b) for a child, other than a child of whom the person is a relative, or a non-resident or special needs child 502.40 4 For the supervision of the welfare and interests of a child by the chief executive, the supervision fee . . . . . . . . . . . 1 546.50 Page 28 Reprint 4B effective 9 October 2009

Schedule 2 Adoption of Children Regulation 1999 Schedule 2 Dictionary section 2 adoption registers means— (a) the adopted children register; and (b) 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’. approved form means a form approved under section 30. Australian citizen means an Australian citizen under the Australian Citizenship Act 1948 (Cwth), part 3. commencement , for part 7, division 2, see section 32. expired regulation means the Adoption of Children Regulation 1988 . Foreign Children’s Adoption List , for part 7, division 2, see section 32. General Children’s Adoption List , for part 7, division 2, see section 32. infertile means— (a) for a woman— (i) an inability, for a reason beyond her control, to conceive; or (ii) having a genetically transmitted disorder giving rise to a significant risk that, if she had a child, the child would not survive or the child’s health would be seriously impaired; or (iii) having a condition giving rise to a significant risk that, if she fell pregnant, the child would not be carried until the child could be delivered alive; or Reprint 4B effective 9 October 2009 Page 29

Adoption of Children Regulation 1999 Schedule 2 (iv) having a condition giving rise to a significant risk that, if she fell pregnant, she would not survive or her health would be seriously impaired; or (b) for a man— (i) an inability, for a reason beyond his control, to cause a woman to conceive; or (ii) having a genetically transmitted disorder giving rise to a significant risk that, if he fathered a child, the child would not survive or the child’s health would be seriously impaired. non-resident child means a child resident in a country outside the Commonwealth and the Territories of the Commonwealth. prescribed Commonwealth pension means a pension payable under a Commonwealth Act on the grounds of a person’s age, physical impairment, service in the defence force or status as a single parent, widow or widower. previous adoptive parent means a person in whose favour an adoption order in relation to a non-resident child has been made. reasonably satisfied means satisfied on reasonable grounds. Page 30 Reprint 4B effective 9 October 2009

Endnotes Adoption of Children Regulation 1999 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 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 9 October 2009. Future amendments of the Adoption of Children Regulation 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Reprint 4B effective 9 October 2009 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 31

Adoption of Children Regulation 1999 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 2 Amendments to none 2000 SL No. 128 2000 SL No. 128 Effective 2 July 1999 1 July 2000 1 July 2000 Reprint date 12 July 1999 14 July 2000 30 November 2001 Reprint No. 2A 3 3A 3B 3C rv 3D 4 4A 4B Amendments included 2002 SL No. 166 — 2003 SL No. 54 2003 SL No. 55 2003 SL No. 361 2004 SL No. 150 2007 SL No. 257 — 2009 SL No. 122 2009 SL No. 216 Effective 1 July 2002 1 July 2002 1 April 2003 1 February 2004 6 August 2004 29 October 2007 29 October 2007 1 July 2009 9 October 2009 Notes R2A withdrawn, see R3 R3D withdrawn, see R4 5 List of legislation Adoption of Children Regulation 1999 SL No. 161 made by the Governor in Council on 1 July 1999 notfd gaz 2 July 1999 pp 1223–4 commenced on date of notification exp 31 August 2010 (see SIA s 56A(1)(a)(i) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Adoption of Children Amendment Regulation (No. 1) 2000 SL No. 128 notfd gaz 23 June 2000 pp 652–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Adoption of Children Amendment Regulation (No. 1) 2002 SL No. 166 notfd gaz 28 June 2002 pp 876–83 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2) Page 32 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Endnotes Discrimination Law (Marital Status) Amendment Regulation (No. 1) 2003 SL No. 54 ss 1–3 sch notfd gaz 28 March 2003 pp 1125–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2003 (see s 2) Discrimination Law (Sex) Amendment Regulation (No. 1) 2003 SL No. 55 pts 1–2 notfd gaz 28 March 2003 pp 1125–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2003 (see s 2) Births, Deaths and Marriages Registration Regulation 2003 SL No. 361 ss 1–2, pt 7 notfd gaz 19 December 2003 pp 1307–13 ss 1–2 commenced on date of notification remaining provisions commenced 1 February 2004 (see s 2 and 2003 SL No. 359) Adoption of Children Amendment Regulation (No. 1) 2004 SL No. 150 notfd gaz 6 August 2004 pp 1080–1 commenced on date of notification Adoption of Children Amendment Regulation (No. 1) 2007 SL No. 257 notfd gaz 26 October 2007 pp 1105–6 ss 1–2 commenced on date of notification remaining provisions commenced 29 October 2007 (see s 2) Note— A regulatory impact statement and explanatory note were prepared Adoption of Children Amendment Regulation (No. 1) 2009 SL No. 122 notfd gaz 26 June 2009 pp 831–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Adoption of Children Amendment Regulation (No. 2) 2009 SL No. 216 notfd gaz 9 October 2009 pp 445–6 commenced on date of notification 6 List of annotations PART 2—ELIGIBILITY TO BE NAMED IN ADOPTION LIST, EXPRESSION OF INTEREST REGISTER OR ASSESSMENT REGISTER pt hdg sub 2002 SL No. 166 s 4 Special Needs Children’s Adoption List prov hdg sub 2002 SL No. 166 s 5(1) s 4 amd 2002 SL No. 166 s 5(2) Foreign children’s adoption list s 5 om 2002 SL No. 166 s 6 Relative Children’s Adoption List prov hdg sub 2002 SL No. 166 s 7(1) s 6 amd 2002 SL No. 166 s 7(2)–(3) Reprint 4B effective 9 October 2009 Page 33

Adoption of Children Regulation 1999 Endnotes Expression of interest register and assessment register—non-resident children s 7 sub 2002 SL No. 166 s 8 amd 2003 SL No. 54 s 3 sch; 2004 SL No. 150 s 3 Expression of interest register and assessment register—certain other children s 7A ins 2002 SL No. 166 s 8 amd 2004 SL No. 150 s 4 Eligibility of person habitually resident in a convention country s 8 amd 2002 SL No. 166 s 9 Eligibility of person seeking adoption order under s 12(3) of the Act s 9 sub 2002 SL No. 166 s 10 amd 2004 SL No. 150 s 5 PART 3—ASSESSMENT pt hdg amd 2002 SL No. 166 s 11 Matters to have regard to for assessment—Act, s 13C(b) s 10 sub 2002 SL No. 166 s 12 Persons named in an adoption list or the expression of interest register—general matters prov hdg sub 2002 SL No. 166 s 13(1) s 11 amd 2002 SL No. 166 s 13(2)–(5) Foreign children’s adoption list s 12 om 2002 SL No. 166 s 14 Persons named in the Relative Children’s Adoption List prov hdg sub 2002 SL No. 166 s 15(1) s 13 amd 2002 SL No. 166 s 15(2)–(4) Persons named in the expression of interest register s 14 sub 2002 SL No. 166 s 16 PART 4—PROCEDURAL MATTERS Division 1—Dealing with applications, expressions of interest and assessments div hdg amd 2002 SL No. 166 s 17 Application fee s 15 amd 2002 SL No. 166 s 18 Fee for expression of interest s 15A ins 2002 SL No. 166 s 19 amd 2007 SL No. 257 s 4 om 2009 SL No. 216 s 3 Assessment fee s 16 amd 2002 SL No. 166 s 20 Provision of relevant documents or information prov hdg amd 2002 SL No. 166 s 21(1) s 17 amd 2002 SL No. 166 s 21(2)–(6) Page 34 Reprint 4B effective 9 October 2009

Adoption of Children Regulation 1999 Endnotes Notice of change in circumstances s 18 sub 2002 SL No. 166 s 22 Division 2—Removal from adoption list, expression of interest register or assessment register div hdg amd 2002 SL No. 166 s 23 Withdrawal of application s 20 amd 2002 SL No. 166 s 24 Withdrawal of expression of interest s 20A ins 2002 SL No. 166 s 25 Notice asking for removal from assessment register s 20B ins 2002 SL No. 166 s 25 Removal from Special Needs Children’s Adoption List—Act, s 13B(9) s 21 sub 2002 SL No. 166 s 26 Removal if chief executive satisfied person no longer wishes to become an adoptive parent prov hdg amd 2002 SL No. 166 s 27(1) s 22 amd 2002 SL No. 166 s 27(2)–(7) Removal from assessment register if adoption order made s 22A ins 2007 SL No. 257 s 5 Notice of removal of person’s name from adoption list, expression of interest register or assessment register s 23 sub 2002 SL No. 166 s 28 amd 2007 SL No. 257 s 6 Registration of orders—Act, ss 54 and 57 s 24 amd 2003 SL No. 361 s 25 Application for identifying information s 26 om 2007 SL No. 257 s 7 Searches and copies s 27 amd 2003 SL No. 361 s 26 Persons who may apply for certified copy — Act, s 55A s 27A ins 2003 SL No. 55 s 4 Supervision fee s 28A ins 2007 SL No. 257 s 8 PART 7—TRANSITIONAL PROVISIONS pt hdg ins 2002 SL No. 166 s 29 Division 1—Provision for expired regulation div hdg ins 2002 SL No. 166 s 29 Division 2—Provisions relating to Adoption of Children Amendment Act 2002 div hdg ins 2002 SL No. 166 s 30 Reprint 4B effective 9 October 2009 Page 35

Adoption of Children Regulation 1999 Endnotes Definitions for div 2 s 32 ins 2002 SL No. 166 s 30 Eligibility for certain persons to be named in the expression of interest register s 33 ins 2002 SL No. 166 s 30 Eligibility and other requirements for certain persons transferred to the expression of interest register or assessment register s 34 ins 2002 SL No. 166 s 30 Division 3—Transitional provisions for Adoption of Children Amendment Regulation (No. 1) 2007 div 3 (s 35) ins 2007 SL No. 257 s 9 SCHEDULE 1—FEES sch hdg amd 2009 SL No. 216 s 4(1) sch 1 amd 2000 SL No. 128 s 4 sub 2002 SL No. 166 s 31; 2007 SL No. 257 s 10; 2009 SL No. 122 s 4 amd 2009 SL No. 216 s 4(2) SCHEDULE 2—DICTIONARY def “applicant” om 2002 SL No. 166 s 32(1) def “Australian citizen” ins 2002 SL No. 166 s 32(2) def “commencement” ins 2002 SL No. 166 s 32(2) def “Foreign Children’s Adoption List” ins 2002 SL No. 166 s 32(2) def “General Children’s Adoption List” ins 2002 SL No. 166 s 32(2) def “non-resident child” ins 2002 SL No. 166 s 32(2) def “previous adoptive parent” sub 2002 SL No. 166 s 32 © State of Queensland 2010 Page 36 Reprint 4B effective 9 October 2009