Adoption Act 2009 Adoption Regulation 2009 Part 1 Preliminary 1 Short title This regulation may be cited as the Adoption Regulation 2009 . 2 Commencement This regulation commences on 1 February 2010. 3 Dictionary The dictionary in schedule 3 defines particular words used in this regulation. Part 2 Requirements for expressing an interest 4 Requirements for expressing an interest—Act, s 71 This part states the requirements with which a couple must comply when expressing an interest under part 4, division 2 of the Act. 5 Requirement to demonstrate ability to provide personal care (1) The couple must demonstrate they are aware it is ordinarily in a child’s best interests to receive full-time care provided personally by one or both of the persons with whom the child is placed for at least 1 year after the child is placed in their care. (2) The couple must provide details to the chief executive of their proposed, or expected, care arrangements for a child for at least the first year of the child’s placement with them. 6 Requirement to demonstrate financial capacity for an intercountry adoption (1) This section applies to a couple who make an expression of interest for an intercountry adoption. (2) The couple must demonstrate they have the financial capacity to meet the full cost of completing the adoption process within 3 years of the day they make the expression of interest. (3) For subsection (2), the full cost of completing the adoption process may include the following—

(a) fees as prescribed in schedule 2;

(b) fees payable in another country to an entity associated with the adoption;

(c) fees payable in relation to the child’s migration to Australia;

(d) costs related to the translation of documents;

(e) costs of having documents notarised and couriered between countries;

(f) costs of travel to, and accommodation in, another country to take custody of a child.

Part 3 Suitability of a person to be an adoptive parent 7 Assessment of a step-parent’s suitability to be an adoptive parent—Act, s 133 (1) This section applies to an assessment for a proposed adoption of a child by a step-parent after the death of a parent of the child. (2) Prescribed matters the chief executive must have regard to when deciding whether a step-parent is suitable to be an adoptive parent are—

(a) the views of the deceased parent’s family, if they can be located, on the adoption of the child by the step-parent; and

(b) the step-parent’s attitudes to, and understanding of the significance to the child of—

(i) the deceased parent; and

(ii) the deceased parent’s family; and

(iii) maintaining a relationship with the deceased parent’s family.

Part 4 Proof of identity documents 8 What are the prescribed identity documents (1) For this part, the prescribed identity documents are 2 documents complying with this section. (2) Each document must be—

(a) a document listed in schedule 1; or

(b) another document the chief executive considers to provide sufficient evidence of the person’s identity.

(3) Each document must be either an original document or a certified copy of an original document. (4) The 2 documents must contain, between them, sufficient information to determine the person’s full name, date of birth and signature. (5) Each document must be written in English or accompanied by a certified translation of the original document. (6) If the person’s full name as it appears on either of the 2 documents is different to the person’s current name, the person must produce a document the chief executive considers to provide sufficient evidence of the person’s change of name. Examples— a marriage certificate, deed poll or change of name certificate 9 Proof of identity documents to accompany a parent’s form of consent—Act, s 18 (2) (c) The documents prescribed for section 18 (2) (c) of the Act are the prescribed identity documents under section 8. 10 Proof of identity documents to accompany a request for information—Act, s 254 (1) (b) (1) The documents prescribed for section 254 (1) (b) of the Act are the prescribed identity documents under section 8. (2) For this section, the chief executive may consider a document to provide sufficient evidence of the person’s identity if the document is evidence of the person’s identity that was provided to the department—

(a) under an application under the Right to Information Act 2009 or the Information Privacy Act 2009 ; and

(b) for access to documents relating to an adoption for which the person is—

(i) the adopted person; or

(ii) a birth parent or adoptive parent of the adopted person; or

(iii) a relative of the adopted person, birth parent or adoptive parent; or

(iv) a guardian of the adopted person, birth parent or adoptive parent.

Note— See section 249 (Meaning of relative) of the Act. 11 Proof of identity documents to accompany a notice of intention to take part in the mailbox service—Act, s 283 (1) (b) (1) The documents prescribed for section 283 (1) (b) of the Act are the prescribed identity documents under section 8. (2) In this section, the chief executive may consider a document to provide sufficient evidence of the person’s identity if the document is evidence of the person’s identity that was previously provided to the department—

(a) to exchange information, that had been disclosed for a purpose under section 59 (4) of the repealed Act, between parties to an adoption; or

(b) in an earlier notice of intention to take part in the mailbox service.

Part 5 Miscellaneous pt hdg (prev pt 4 hdg) renum 2010 SL No. 150 s 4 12 Fees The fees payable under the Act are stated in schedule 2. 13 Fees payable by couples For the purpose of paying a fee prescribed in schedule 2 a couple is to be charged as a single person and not as 2 persons. 14 Fees for re-assessment A fee listed in schedule 2, part 2 is not payable for a re-assessment under part 6, division 8 of the Act. 15 Supervision fee nil in certain circumstances (1) This section applies to a person for whom, before the commencement of this section, a supervision fee was not payable because of the operation of section 35 of the repealed regulation. (2) The fee amount prescribed for section 198 (3) or 298 (3) of the Act is nil. 16 Persons entitled to certificate, information or source document—Act, s 290 (1) The following persons are prescribed for section 290 (1) (c) of the Act—

(a) if a guardian has been appointed for the applicable person—the guardian;

(b) if an administrator has been appointed under the Guardianship and Administration Act 2000 , section 14, for the applicable person—the administrator;

(c) if a personal representative has been appointed for the applicable person—the personal representative;

(d) a person who produces an order of a court of the State or Commonwealth requiring the registrar to accept an application under the Births, Deaths and Marriages Registration Act 2003 , section 44.

(2) At the time a prescribed person mentioned in subsection (1) (a), (b) or (c), with authorisation from the chief executive, makes an application to the registrar under the Births, Deaths and Marriages Registration Act 2003 , section 44, the person must produce—

(a) prescribed identity documents stated in section 8; and

(b) if requested by the registrar, photographic identification; and

(c) the person’s instrument of appointment demonstrating the document sought is required under the person’s appointment.

(3) An instrument of appointment produced for subsection (2) (c) must either be written in English or accompanied by a certified translation of the original instrument of appointment. (4) At the time a prescribed person mentioned in subsection (1) (d), with authorisation from the chief executive, makes an application to the registrar under the Births, Deaths and Marriages Registration Act 2003 , section 44, the person must produce the prescribed identity documents stated in section 8. (5) In this section— applicable person means—

(a) an adoptive parent; or

(b) an adopted child with consent of an adoptive parent to obtain pre-adoption information; or

(c) an adopted adult; or

(d) an adult relative of a deceased or incapacitated adopted person; or

(e) a birth parent; or

(f) an adult relative of a deceased or incapacitated birth parent; or

(g) a person to whom section 267 of the Act applies.

Note— See section 249 (Meaning of relative) of the Act. s 16 amd 2010 SL No. 150 s 5 17 A certificate signed by the chief executive used in evidence for proceedings under the Act—Act, s 312 (3) (i) A certificate purporting to be signed by the chief executive, produced in proceedings under the Act, is evidence that the chief executive placed a stated child in the custody of stated prospective adoptive parents on a stated date. Schedule 1 Prescribed identity documents section 8 (2) (a)

1 a birth certificate

2 a citizenship certificate

3 an Australian passport that is current or has been expired for less than 2 years

4 a current overseas passport

5 a current driver licence containing the person’s photograph

6 a current proof of age card containing the person’s photograph

7 a current document evidencing the person’s residency or visa status

8 a current Medicare card, pensioner concession card, health care card or another identification card issued by the Australian government as evidence of a person’s entitlement to a benefit

9 a current positive notice blue card issued under the Working with Children (Risk Management and Screening) Act 2000

10 a telephone, gas or electricity account not more than 1 year old

11 a current credit card, debit card or other account card from a financial institution which includes an embossed name and signature

12 a passbook or statement of account from a financial institution which is not more than 1 year old

13 a notice of rates from a local government that is not more than 1 year old

14 a current student identity card containing the person’s photograph or signature issued by a school or another educational institution

15 a Queensland Government employee identity card containing the person’s photograph

16 an Australian State police officer, Federal police officer or Australian Defence Force identity card containing the person’s photograph

17 a current crowd controller’s licence, private investigator’s licence or security officer’s licence issued under the Security Providers Act 1993

18 a current licence issued under the Weapons Act 1990

sch 1 amd 2014 SL No. 105 s 5 Schedule 2 Fees section 12 Part 1 Application fee $ 1 Application fee under section 93 (c) of the Act for a person to apply to adopt a stated child under section 92 of the Act 75.70 Part 2 Assessment fee $ 2 Assessment fee under section 112 of the Act— (a) for a person who is assessed under section 105 of the Act where the chief executive’s selection is based on anticipated local adoption placement needs under section 88 of the Act 615.15 (b) for a person who is assessed under section 105 of the Act where the chief executive’s selection is based on anticipated intercountry adoption placement needs under section 88 of the Act 4418.60 (c) for a person who is assessed under section 106 of the Act where the chief executive’s selection is based on anticipated placement needs of a child under section 89 of the Act nil (d) for a person who is assessed under section 107 of the Act, having made an application under part 5 of the Act for the adoption of the person’s stepchild 568.10 Part 3 Supervision fee $ 3 Supervision fee under section 198 (3) or 298 (3) of the Act 1893.70 sch 2 sub 2010 SL No. 150 s 6; 2011 SL No. 118 s 4; 2012 SL No. 122 s 3; 2013 SL No. 91 s 4; 2014 SL No. 97 s 24; 2015 SL No. 65 s 4 Schedule 3 Dictionary section 3 certified copy, of an original document, means a copy that has been certified by a qualified witness as being a correct copy of the original document. certified translation, of a document, means a translation of the document into the English language by a translator who certifies—

(a) the translator’s full name and address; and

(b) the translator’s accreditation or qualifications for making the translation; and

(c) that the translation is correct.

prescribed identity documents see section 8. qualified witness means—

(a) an officer or employee of the department; or

(b) a lawyer or notary public; or

(c) a commissioner for declarations; or

(d) a justice of the peace; or

(e) a police officer; or

(f) a medical practitioner; or

(g) an authorised person mentioned in section 18 of the Act.

def qualified witness amd 2010 SL No. 150 s 7 repealed regulation means the repealed Adoption of Children Regulation 1999 .