New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In
this Part--
"repealed adoption Act" means the Adoption of Children Act 1965 as in force
immediately before its repeal by this Act.
"repealed information Act" means the Adoption Information Act 1990 as in
force immediately before its repeal by this Act.
(1) An existing agency is taken, for 12 months after an accreditation order made by the Director-General is published in the Gazette (or after such later date as is specified in the order), to have been accredited as an adoption service provider under this Act.
(2) An agency referred to in subclause (1) may provide the adoption services specified in the order.
(3) In this clause--
"accreditation order" means an order specifying--(a) the adoption services provided by an existing agency immediately before the repeal of the repealed adoption Act, and(b) any other adoption services that may be provided by the agency.
"existing agency" means a charitable organisation approved as a private adoption agency under the repealed adoption Act immediately before its repeal by this Act.
Except to the extent (if any) otherwise provided by the regulations or this Schedule, an adoption order or interim order made under the repealed adoption Act and in force immediately before the repeal of that Act continues in force under this Act as if the order was made under this Act and the parties to the adoption were parties to an adoption under this Act.
In relation to a disposition of property by will or otherwise by any person who died before the commencement of this clause or to a devolution of property arising on the death of any person who in respect of that property died intestate before that commencement, an adoption order made under this Act has the same effect as if made under repealed adoption Act.
A valid consent to the adoption of a child given under the repealed adoption Act and that had not, immediately before the repeal of that Act, been revoked is taken to be a consent given in accordance with this Act.
An application for an adoption order pending before the commencement of this clause is to continue to be dealt with under the repealed adoption Act, despite the repeal of that Act.
If immediately before the commencement of this clause a child was placed with a view to adoption by a prospective adoptive parent or parents, an application to adopt the child by that parent or those parents is to continue to be dealt with under the repealed adoption Act, despite its repeal.
The Advance Notice Register and Reunion and Information Register established under the repealed information Act is to form part of the Advance Notice Register and Reunion and Information Register established under this Act.
The regulations made under the repealed adoption Act or repealed information Act and in force immediately before the commencement of this clause are, until repealed, replaced or amended by Regulations under this Act, to continue in force and to be taken to have been made under this Act.
A contact veto that is entered in the Contact Veto Register under the repealed information Act immediately before its repeal by this Act is taken to be a contact veto entered in the Contact Veto Register under this Act.
In any other Act or instrument, a reference to the repealed adoption Act or the repealed information Act extends to a reference to the corresponding provision of this Act.
In this Part--
"the 2006 amending Act" means the Adoption Amendment Act 2006 .
The accreditation standards prescribed by the regulations under section 13, as in force immediately before that section was amended by the 2006 amending Act, are taken to have been established by the Director-General under that section, as amended by that Act, and may accordingly be varied or revoked under that section as so amended.
Section 24, as amended by the 2006 amending Act, does not apply to any adoption order arising from an application for adoption made before the commencement of the amendments made to that section by that Act.
Section 46, as amended by the 2006 amending Act, does not apply to any adoption plan that accompanied an application for an adoption order that was made before the commencement of the amendment made to that section by that Act.
Section 67, as amended by the 2006 amending Act, does not apply to proceedings on an application for an adoption order that was made before the commencement of the amendment to that section made by Schedule 1 [6[#93] to that Act.
In this Part, the
"2008 amending Act" means the Adoption Amendment Act 2008 .
(1) An amendment to Chapter 4 made by the 2008 amending Act applies in respect of an application for an adoption order made before the commencement of the amendment only if the Court, at the request of the applicant or applicants, directs that the amendment should be applied in respect of the application.
(2) However, section 59 (2), as inserted by the 2008 amending Act, or an amendment to section 87 or 91 made by the 2008 amending Act does not apply in respect of an application for an adoption order made before that insertion or the commencement of the amendment (as the case requires).
The amendment made to section 140 by the 2008 amending Act extends to an adoption given effect to by an adoption order made before the commencement of the amendment.
(1) A request made under section 141 before the repeal of that section is taken, on that repeal, to have been made under section 136A (as inserted by the 2008 amending Act).
(2) Any authority issued by the Director-General under section 141 that, immediately before its repeal by the 2008 amending Act, still had effect, continues to have effect under section 136A (as inserted by the 2008 amending Act).
Sections 180 and 180A, as inserted by the 2008 amending Act, extend to the publication of material, on or after the commencement of those sections, relating to adoption applications made or disposed of before the insertion of those sections by that Act.
The repeal of section 97 (2) by the Succession Amendment (Intestacy) Act 2009 does not apply to or in respect of the estate of a person who died wholly or partially intestate before that repeal, and any such estate is to be distributed in accordance with the enactments and rules of law in force at the date of death of that person.
(1) Section 130A extends to an adoption granted before the commencement of that section (so as to require the giving of a record in respect of such an adoption to the Registrar) but only if a written request for the record to be given is made to the Director-General by--(a) the adoptive parent or adoptive parents of the child, or(b) if the child has attained the age of 18 years--the child.
(2) The amendments made by the Adoption Legislation Amendment (Overseas Adoption) Act 2013 to the Births, Deaths and Marriages Registration Act 1995 extend to an adoption that was granted before the commencement of section 130A of this Act if the Director-General gives a record under that section to the Registrar in respect of the adoption.
In this Part--
"amending Act" means the Child Protection Legislation Amendment Act 2014 .
(1) An organisation that, immediately before the substitution of Part 2 of Chapter 3 by the amending Act, was accredited as an adoption service provider under that Part is taken on that substitution to have been accredited under that Part as substituted for the period and subject to the conditions to which it was subject before the substitution.
(2) An application for accreditation made by an organisation under Part 2 of Chapter 3 before its substitution by the amending Act and not finally dealt with before that substitution is to continue to be dealt with as if the Part had not been substituted unless the applicant elects to have the application dealt with under the Part as substituted.
Section 14, as inserted by the Child Protection Legislation Amendment Act 2015 , extends to things done by, or with the approval of, a principal officer before the commencement of that section in the same way as it applies to things done by, or with the approval of, a principal officer after that commencement.
Sections 45AB and 45GB extend to any person residing on the same property as an applicant who has not been notified to the Secretary or a principal officer even if that person commenced residing on the same property as the applicant, or attained the age of 18 years, before the commencement of the relevant section.
In this Part--
"amending Act" means the Children and Young Persons (Care and Protection)
Amendment Act 2018 .
Section 67, as amended by the amending Act, extends to proceedings on an application for an adoption order, that was made but not finally determined before the commencement of the amendments.
(1) A person selected before the commencement date by the relevant administrator to be a guardian ad litem in proceedings in the Court is taken to have been validly appointed as a guardian ad litem if--(a) a request was made to the administrator by or on behalf of the Court for a person to be selected as a guardian ad litem for--(i) a child the subject of adoption proceedings, or(ii) an adoptive parent of a child the subject of adoption proceedings, or(iii) a birth parent of a child the subject of adoption proceedings, and(b) the administrator notified the Court of the name of the person selected.
(2) In this clause--
"commencement date" means the date on which section 124AA commenced.
"relevant administrator" , in relation to the selection of a guardian ad litem, means the person responsible at the time of the selection for administering the body known as the Guardian Ad Litem Panel, as constituted from time to time, before this Part commenced.