New South Wales Consolidated Acts

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ADOPTION ACT 2000 - SECT 199

Entitlements of disabled persons

199 Entitlements of disabled persons

(cf AI Act s 36A)

(1) In this section, a reference to a person with a disability is a reference to a person--
(a) who is intellectually, physically, psychologically or sensorily disabled, or
(b) who is of advanced age, or
(c) who is a mentally incapacitated person, or
(d) who is otherwise disabled,
and who, because of that fact, is restricted in one or more major life activities to such an extent that he or she requires supervision or social rehabilitation.
(2) If a person with a disability--
(a) has an entitlement to receive adoption information, or may lodge a contact veto or advance notice request, under this Act, and
(b) is unable, because of the disability, to do anything required by this Act that must be done if the person is to receive the adoption information or lodge the contact veto or advance notice request,
another person may, if so directed by the Civil and Administrative Tribunal under Part 4A of the Guardianship Act 1987 , do any such act on behalf of the person with the disability.
(3) The Secretary may--
(a) refuse to supply any birth certificate to a person acting on behalf of a person with a disability, if there is a contact veto against contact by the person with the disability that remains in force, or
(b) direct an information source not to supply any such birth certificate,
if the Secretary is of the opinion that the person will be unable to ensure that the person with the disability will not contact or attempt to contact the person who lodged the contact veto.



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