New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 136A

136A Discretion to withhold supply or to supply subject to conditions

(cf AI Act s 12A)

(1) The following persons may request the Secretary to act under this section--

(a) an adopted person who is 18 or more years old,

(b) a birth parent,

(c) an adoptive parent of a person who is less than 18 years of age,

(d) an adoptive parent of a person who is 18 or more years of age and who has consented to the request being made.

(2) The Secretary may, at the request of a person referred to in subsection (1)--

(a) refuse to issue an authority authorising an information source to supply adoption information to which an entitlement arises under this Division, or

(b) supply such information subject to conditions specified in writing by the Secretary.

(3) The Secretary may refuse to issue an authority to supply adoption information under this section only if, in the opinion of the Secretary, exceptional circumstances exist that make it necessary to do so to prevent serious harm to a party concerned.

(4) Conditions that may be imposed by the Secretary under this section include conditions requiring the person entitled to the adoption information to undergo counselling by a person specified by the Secretary before the adoption information is supplied.

(5) The Secretary must deal with a request under this section in accordance with any guidelines prescribed by the regulations.

(6) An information source must not supply any adoption information that is the subject of an authority to supply adoption information imposing conditions on its supply unless the conditions are complied with.

(7) The Secretary cannot delegate his or her functions under this section to any person other than a person employed in the Department.