New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 133G

133G Non-adopted sibling's rights

(1) A non-adopted sibling of an adopted person is entitled to receive (subject to this Act) any prescribed information relating to the adopted person.

(2) A non-adopted sibling who is less than 18 years of age is not entitled to receive any prescribed information relating to an adopted person except with the consent of--

(a) the surviving parents of the non-adopted sibling, or

(b) the Secretary, if there are no surviving parents or if they cannot be found or if there is, in the opinion of the Secretary, any other sufficient reason to dispense with their consent.

(3) A non-adopted sibling of an adopted person who is less than 18 years of age is not entitled to receive any prescribed information held by an information source relating to the adopted person unless the non-adopted sibling produces to the information source an authority authorising the information source to supply the prescribed information issued by the Secretary.

(4) The Secretary may issue, or refuse to issue, an authority to supply adoption information to a non-adopted sibling of an adopted person who is less than 18 years of age.

(5) The Secretary may refuse to issue the authority only if, in the opinion of the Secretary, it would pose a risk to the safety, welfare or well-being of the adopted child or adoptive parents.

(6) The Secretary is required to comply with any guidelines prescribed by the regulations in determining whether the supply of information poses a risk to the safety, welfare or well-being of an adopted child or adoptive parents.

(7) The Secretary may issue an authority to supply adoption information under this section subject to conditions.

(8) An information source must not supply any adoption information that is the subject of such an authority in contravention of any such conditions imposed by the Secretary.

(9) In this section, a
"non-adopted sibling" of an adopted person means a sibling of an adopted person who is not himself or herself an adopted person.