New South Wales Consolidated Acts New South Wales Consolidated ActsNote : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
"Aboriginal" --see section 4.
"Aboriginal child placement principles" means the principles set out in
section 35.
"accredited adoption service provider" has the same meaning as in the
Children's Guardian Act 2019 .
"administrator" , of the Guardian Ad Litem Panel, means the person responsible
for the constitution of the Guardian Ad Litem Panel under the
Children and Young Persons (Care and Protection) Act 1998 .
"adopted brother or sister" of an adopted person means another adopted person
who has or had at least one parent (whether biological or adoptive) who is or
was a birth parent of the adopted person.
"adopted person" means a person--
(a) an order for whose adoption was made under a former Act before the commencement of section 95 of this Act, or
(b) whose adoption in another State or in a country outside Australia was recognised under the Adoption of Children Act 1965 as having the same effect as if an order for adoption had been made under that Act, or
(c) an order for whose adoption was made under this Act, or
(d) whose adoption in another State is recognised under this Act as having the same effect as if an order for adoption had been made under this Act, or
(e) whose adoption in, or in a country outside, Australia is recognised and effective for the laws of this State under a law of this State or the Commonwealth.
(a) in Division 2 of Part 2 of Chapter 5--means a certificate issued in accordance with article 23 of the Convention, and
(b) in Division 3 of Part 2 of Chapter 5--means a document issued in accordance with the Commonwealth Bilateral Arrangements Regulations.
(a) arrangements for or towards or with a view to the adoption of a child (whether citizen or non-citizen), or
(b) negotiations for or towards or with a view to the adoption of a child (whether citizen or non-citizen), or
(c) arranging or assisting in the transfer of the care responsibility of or parental responsibility for a child (whether citizen or non-citizen), or
(d) arrangements for the provision of post-adoption information and for contact between adult parties to an adoption.
(a) has care and responsibility for a child under out-of-home care arrangements made under the Children and Young Persons (Care and Protection) Act 1998 , or
(b) has responsibility for the day-to-day care, welfare and development of a child under the Family Law Act 1975 of the Commonwealth.
(a) a non-profit organisation carried on primarily or principally for religious, charitable, benevolent or philanthropic purposes, or
(b) a hospital (other than a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997 ) carried on by an organisation otherwise than for the purpose of trading or pecuniary profit or gain to its members, or
(c) an organisation or association that holds an authority under Part 2 of the Charitable Fundraising Act 1991 , or
(d) any other organisation or organisation of a class prescribed by the regulations for the purposes of this definition.
(a) a person who is less than 18 years of age, or
(b) a person who is 18 or more years of age and in relation to whom an adoption is sought or has been made.
(a) for a prescribed overseas jurisdiction--a person, body or office in the jurisdiction responsible for approving the adoption of children, and
(b) for New South Wales--the Secretary.
(a) are married to each other, or
(b) are de facto partners of each other.
Note :
"Married" is defined elsewhere in this Dictionary and
"de facto partner" is defined in section 21C (1) of the Interpretation Act 1987 as follows--
For the purposes of any Act or instrument, a person is the
"de facto partner" of another person (whether of the same sex or a different sex) if--(a) the person is in a registered relationship or interstate registered relationship with the other person within the meaning of the Relationships Register Act 2010 , or(b) the person is in a de facto relationship with the other person.
(a) the assessment of the suitability of a person or persons to adopt a child,
(b) the arrangements for or in relation to the allocation of a child to a person or persons who will adopt the child,
(c) the transfer of the care responsibility of or parental responsibility for a child to a person or persons willing to adopt the child,
(d) the giving of consent to the adoption of a child of whom the decision maker has parental responsibility.
(a) in relation to the Department of Communities and Justice--the Secretary, or
(b) in relation to a hospital controlled, or health service provided, by a local health district within the meaning of the Health Services Act 1997 --the chief executive officer of the district, or
(c) in relation to a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997 --the chief executive officer of the corporation or organisation, or
(d) in relation to the Ministry of Health--the Secretary of the Ministry, or
(e) in relation to an accredited adoption service provider--the principal officer of the accredited adoption service provider, or
(f) in relation to a private health facility within the meaning of the Private Health Facilities Act 2007 --the licensee of the facility, or
(g) in relation to the Office of the Registrar--the Registrar, or
(h) in relation to any other institution, body or person prescribed as an information source for the purposes of this Act--the person prescribed as the designated person for that institution, body or person,and includes a person to whom a function has been duly delegated by the designated person and a person authorised by the designated person in accordance with the guidelines prescribed by the regulations.
(a) the Child Welfare Act 1923 and the Child Welfare Act 1939 or either of those Acts, or
(b) the Adoption of Children Act 1965 , or
(c) the Adoption Information Act 1990 .
(a) a public hospital under the control of a local health district within the meaning of the Health Services Act 1997 , or
(b) a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997 , or
(c) a private health facility (within the meaning of the Private Health Facilities Act 2007 ).
(a) the Department of Communities and Justice, or
(b) the Ministry of Health, or
(c) an accredited adoption service provider, or
(d) a hospital, or
(e) the Office of the Registrar, or
(f) the Supreme Court, or
(g) any other institution, body or person prescribed as an information source for the purposes of this Act.
(a) the particulars relating to the adoption of the person based on the registered record kept under the Births, Deaths and Marriages Registration Act 1995 ,
(b) if the person's birth is registered under the Births, Deaths and Marriages Registration Act 1995 --the particulars relating to the birth of the person registered under section 17 of that Act,
(c) if the person's birth is not registered under the Births, Deaths and Marriages Registration Act 1995 --the information, if any, recorded on the Register pursuant to section 43(2)(b) of that Act that the Registrar considers appropriate for inclusion in the certificate in relation to the birth of the person.
(a) two persons who are legally married to one another, or
(b) two Aboriginal or Torres Strait Islander persons who are living together in a relationship that is recognised as a marriage according to the traditions of an Aboriginal community or Aboriginal or Torres Strait Islander group to which they belong.
(a) if the person's birth is registered under the Births, Deaths and Marriages Registration Act 1995 --a certificate certifying the particulars relating to the birth of the person registered under section 17 of that Act, or
(b) if the person's birth is not so registered--a copy of any similar document relating to the adopted person identifying the birth parents of the person and contained in records relating to the adoption of the person that are held by an information source.
(a) the child,
(b) birth parent or birth parents who have consented to the child's adoption,
(c) person or persons selected to be the prospective adoptive parent of the child,
(d) the Secretary,
(e) the appropriate principal officer.
Note : On introduction of the Bill for this Act into Parliament, Schedule 1 referred to the People's Republic of China.
(a) whether the relationship is of the whole blood or half blood or by marriage, and
(b) whether or not the relationship depends on the adoption of a person.
(a) a person to whom the person is married, or
(b) the person's de facto partner.
Note :
"Married" is defined elsewhere in this Dictionary and
"de facto partner" is defined in section 21C (1) of the Interpretation Act 1987 .
(a) is not a birth parent, parent or adoptive parent of the particular person, and
(b) is married to the particular person's birth parent or adoptive parent or is the de facto partner of the birth parent or adoptive parent.
Note :
"Married" is defined elsewhere in this Dictionary and
"de facto partner" is defined in section 21C (1) of the Interpretation Act 1987 .